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Author Topic: UK Just got a letter from Getty  (Read 3482 times)

davieboy

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UK Just got a letter from Getty
« on: November 05, 2008, 11:08:55 AM »
Hi All;
I just got my letter from GETTY, I run a small toys business and got my website done a few years ago its all cms so I run it myself and have lost touch with the guy who did it, unbeknown to me I had an image on the shipping page (only this page) and thats why I got the letter they are demanding £852 from me.
After reading the posts here it looks like ignoring the letter is the best bet am I correct? and if so what should i expect next? I am a small business and cannot afford to pay this especially in this recessional period
Hope to hear soon :)

Oscar Michelen

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Re: UK Just got a letter from Getty
« Reply #1 on: November 05, 2008, 02:46:52 PM »
There is no "right" or "Wrong" way to deal with this only because no one case has ever gone to conclusion. Either the website user settles or Getty lets it go for a year or so. Our position on this site for US cases is clear : Either the image is copyright registered or it is not. That is the first step to determine. If Getty will not provide direct proof of registration then I would consider it unregistered. If the image is registered: Copyright law allows a federal court to reduce the damages to $200 per image - for innocent infringement. I have posted some language from federal decisions on this site to show that this is the routine response as courts do not like big companies doing this to innocent infringers; so while it is correct to say that innocent infringement is no defense to copyright infringement it is fact that the party's knowledge plays a critical role on the issue of damages. So if the image is registered I would recommend offering $200 per image

If the image is not registered (as is almost always the case) they cannot get statutory damages and legal fees They can only get what the market would pay for the image (their "actual damages" In most cases that would be $49 per image. So offer $100 per image to show good faith and avoid a problem. Getty will likely accept neither anyway.

Remember that if these images were placed on other sites by the photographer then you may owe no money in damages as you could have downloaded it from one of the other sites.

Now for UK cases I would recommend you go to the FSB forum that is linked onour haome page.  There is a great discussion going on there about this issue.  All I want to add about UK cases is that the UK copyright law specifically states that courts do not award damages for innocent infringement

davieboy

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Re: UK Just got a letter from Getty
« Reply #2 on: November 06, 2008, 03:37:47 AM »
Thanks Oscar, I will do as recommended, and check out the FSB forum, I will of course keep a note here of whats happened to hopefully inform others on the out come
Best Regards

Oscar Michelen

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Re: UK Just got a letter from Getty
« Reply #3 on: November 07, 2008, 10:24:00 PM »
Great good luck AND DON'T PAY

 

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