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Author Topic: help: what is exclusively representated ?  (Read 2730 times)

lily

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help: what is exclusively representated ?
« on: January 25, 2013, 07:41:08 AM »
Hi , similar story as most.

I have received letter from getty in 2011, and replied immediately most as below. and have not heard from them for years untill this January from Atradius.

The company that coded and designed my website has long since closed down. But as my knowledge that designers buy the stock image disks and can legitimately continue to use the images for their clients as many times as they like. As I paid for a design service from a reputable company I could reasonably expect them to use only legitimately sourced images.
 
Because we purchased the website from the company that no longer trades. So we cannot provide proof that the image has been properly licensed by the website company. But it is not proved the website company had not had properly licensed untill the getty can provide any proof that Getty Images is in fact the exclusive licensee of the image since october 2005 which the time our website coded.

I have received a email from Atradius  with a link which seemed to show that getty hold a license , is this license a exclusively or other license ? what show i reply now ?

thanks

by the way, I have learned a lot from your forums, and  really really thanks to all of you .:)


Couch_Potato

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Re: help: what is exclusively representated ?
« Reply #1 on: January 25, 2013, 08:00:47 AM »
If it's an email don't bother responding. If they really felt the matter was serious and had any intention of pursuing this case further they'd send the letter registered mail. How many spam emails do people receive a day asking for money....

As I've mentioned before Atradius can not actually take any action against you. They aren't licensed to treat the amount as a debt and they can't take you to court as they aren't the exclusive licensee of the picture. All they can do is refer the matter back to Getty when you don't pay.

If Getty contact you again I'd ask for proof of when they became exclusive licensees for those images as if it was after the date you acquired the website they have no claim against you.

lily

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Re: help: what is exclusively representated ?
« Reply #2 on: January 25, 2013, 08:21:13 AM »
good advice!!

by the way, what is exclusively representated?? what sort of document can prove it ?

thans again :))


Couch_Potato

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Re: help: what is exclusively representated ?
« Reply #3 on: January 25, 2013, 09:50:58 AM »
When a photographer uses Getty to sell their photos they have to sign an agreement stating the photos aren't being sold elsewhere. Therefore Getty holds the exclusive rights to market and sell the images.

If you don't have a license from Getty they believe you owe them money. There are a few problems with their statement though:

1) Getty acquire a lot of images long after they have been taken. In that time the images could have been licensed to anybody and Getty would not know.
2) Getty never ask for proof from their contributors that they own the copyright to assign to Getty. I believe they have been sued in the past for selling photos that had been uploaded by somebody who didn't own the copyright.
3) Getty never offer any proof of claim and just expect you to pay.

If you have replied to Getty already asking for proof of their claim and they haven't supplied it then don't waste your time replying any further. Especially to Atradius.

lily

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Re: help: what is exclusively representated ?
« Reply #4 on: January 25, 2013, 10:03:44 AM »
Thanks for  your time and help :)

it becomes very clear :)) I think I can just enjoy my tea now :))

 

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