Retired Forums > UK Getty Images Letter Forum
Simon Muirhead and Burton demand on behalf of Getty
philpotts99:
What a time for scanner to pack up!!!
Have quoted the final bits of the letter after the first 2 pages quoting case law. The ed missing from review is their typo not mine! The original letter from Getty was after £600 not £420. Debt collecting clowns also wanted £600.
The image was taken down as soon as we realised the mistake had been made and was up for less than a week. All of this explained to Getty but despite their insistence they have tried to settle this amicably the language used in all correspondence has been one of threats and intimidation in my opinion.
I quote from the letter verbatim apart from including their bank details helpfully inserted for quick payment.
"The costs incurred by our client at this stage are irrelevant and will be a matter for the court at the Case Management Centre
Without prejudice to its rights Getty Images has review the case and will now settle this matter on the following terms at this pre action stage
a)payment of £420 and
b)payment of £100 legal costs
Accordingly as you have been on notice since Getty Images first letter of 3 December 2015 the total amount of £520 should be remitted within 7 days to the following account
You must now respond to us within 7 days i.e by 22nd April 2016. If you make the above payment of £520 and cease to use the image then our clients will treat this matter as closed. If you do not respond to us take this letter as notice we are instructed to issue and serve proceedings on you.
If proceedings are served against you and our clients are successful in their claim please be aware we will seek damages with added interest and you may also potentially be liable to pay our clients legal costs of the entire proceedings. We may also claim additional damages under Article 13(1)(a) of the directive on the enforcement of intellectual property rights (2004/48/EC and/or section 97(2) of the CPDA
geezer123:
It's all worded in such a way to put you under extreme pressure and force you to pay sorry settle......
End of the day it is up to you how you want to proceed but if I thought they were serious about proceeding a matter to court over a single image infringment and had the authority to do so holding exclusive rights I would consider cutting their legs off at the knees and make them a Part 36 offer.
UK Citizens Advice is a wealth of information on this subject... Have a good read through.
https://www.citizensadvice.org.uk/consumer/copyright/the-internet-filesharing-and-copyright/
Edit to add...
Not sure if yours is a PA image (mine certainly is) so on that basis I researched it. I checked your other thread but I thought I read it somewhere.
My image was NOT for sale on the Getty portal but WAS for sale on the PA portal. This IMHO calls into much doubt LCS/Getty's claim that they have exclusive copyright.
In addition the Press Association terms and conditions regarding purchasing a licence... https://www.paimages.co.uk/assets/docs/terms/ecommerce_terms_editorial.pdf
--- Quote ---1. Ownership of the PA Material
1.1 The Website is owned and operated by PA.
1.2 The PA Material is owned by PA or its licensors.
1.3 The PA Material and all related rights shall remain the exclusive property of PA and its licensors.
--- End quote ---
Seems to me that as far as Getty/LCS claiming rights on PA images that section 1.3 nails it.
Incidentally I priced my image up on the PA website for a 5 year+ licence and it came to £90.00. I believe in fair use of intellectual rights so I might just purchase it and tell Gatty/LCS to go and get stuffed.
It is for them to prove you do not have a licence, not for you to prove that you do....
philpotts99:
And duly received the claim form for the small claims court. Give them their due they are efficient. Getty using their Seattle address so big American company bullying little English company into submission.
geezer123:
Claim form?
What do you mean Summons to appear? Which court address are they using..
philpotts99:
Chancery Lane London
If we want to settle we need to pay in person to the address on the claim form. Seattle!
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