Image used was from Google Images

[blindsided]

Hello all,

It looks like I'm the most recent addition to this growing band of courageous and intelligent souls who received "The Letter." I’m so grateful to Matthew and Oscar for this site, and to every single person who’s posted here before me. It’s indescribably comforting to know I’m not alone.

My first form letter from Getty arrived a couple of days ago. I was, as my username implies, totally and utterly blind-sided. I had no idea I was infringing on anybody’s anything with my website.

Most people posting here seem to have either bought or legitimately downloaded their images for free from a stock photo site; or else a third party put a Getty image on their site without their knowledge or consent; or it was part of a template package assumed to be clean of copyright issues.

I have a different problem: I was just plain stupid.

I got all of the photos on my website from Google images. I thought Google images were all free and clear. I avoided any that had a visible watermark; I knew those were off limits.

As it happens, there was only one thumbnail image that Getty is after me for, to the tune of $780. I count myself lucky now that I know how bad it could have been. And believe me, my fingers are crossed that this is the last company I ever hear from regarding this issue.

I have now deleted ALL images from my website, except ones that I took myself, and requested that my site be removed from the internet archive.

Here are some questions I’m left with after about a dozen hours of research:

Given how I obtained the image, do I have a leg to stand on? Or will I look like a big fat picture-thief in the unlikely event that they sue?

Second, it seems like Oscar has been very busy lately. Does anyone know if he’s still writing response letters for new people? I would very much like to have his defense letter program take care of this if possible.

Lastly, in case I’m on my own here, I drafted a response to their initial letter. I’m pasting it below with the hope of getting some feedback from those who’ve been there.

Many, many thanks to all!

Here is my draft response to their first letter. I haven’t sent them anything yet:

“This is to acknowledge receipt of your letter dated XXXX.

Thank you for bringing the alleged unauthorized use of one of your images to my attention. This is a matter I take very seriously, as I respect the rights of artists to be compensated for the use of their work. While I admit no liability, I immediately removed the image in question from my website as requested.

Absent from your settlement demand was evidence of your copyright registration or else an agreement with the photographer. I hope you will understand if I’m unwilling to remit payment without such evidence, along with a breakdown of your $780 figure.

Also, I don’t believe that the requested amount is a fair and reasonable assessment of market value and/or damages for the use of a single generic thumbnail-sized image. In any case, I am not able to pay that amount.

I look forward to receiving the requested information, along with an adjusted settlement figure that is more in line with the value of a claim like this.

Yours sincerely”

[Robert Krausankas (BuddhaPi)]

Greetings and welcome to the family,

Theres is wealth of info here, so my fisrt suggestion is to read as much as possible to get yourself educated.

maybe some of this will help.
1.Oscar is still drafting letters, contact his office directly and be patient as he is very busy.
2. Removing your site from archive.org was a good move, tho I'm sure getty has screen shots already.
3. Claiming you got the images from google does not give you a leg to stand on / watermark or no watermark doesn't much matter.
4. Removing the images from your site was a good move!
5. Getty has not been known to file suit over 1 image as the cost involved is not worth the effort ( they do this to make money not spend  it)
6. your letter to them as least shows good will, but will most likely fall on death ears, they will continue to contact you, and won't provide you any proof.


hope this helps and rest easy, you're not alone!

[blindsided]

Many thanks for your input, Buddhapi. I've seen your posts in the forum and you always have good information to share.

I'm wondering why there hasn't been a lot more talk here urging letter recipients to contact the Washington State attorney general's office and file a complaint against Getty, which is based in Seattle.

I may be too much of an optimist, but I spoke to the AG's office this morning and they said that the more complaints they receive about a company, the more compelled they feel to examine the company's business practices.

I will file a complaint online with both them and my local AG, just for good measure.

The Washington AG consumer complaint form is here:

https://fortress.wa.gov/atg/formhandler/ago/ComplaintForm.aspx

For your convenience, here's Getty's info for the form:

Getty Images
601 North 34th St.
Seattle, WA 98103
Tel: 800-872-4170
Fax: 206-925-5001
Web: www.gettyimages.com

[blindsided]

One more note for anyone who decides to contact the Washington State AG:

They said to make sure you ask for what you want when you fill in the form. E.g., "I want Getty to reduce the settlement amount," "I want the State to investigate Getty's business practices," etc.

The AG can't compel Getty to do anything, but if enough people request that Getty be investigated, that's something that could happen.

[Robert Krausankas (BuddhaPi)]

I may be way off base here, but i'll give another 2 cents.. I think the reason why alot of folks haven't contacted the AG is becuase what getty is doing is within the law, it's how they are going about it that is questionable from an ethical standpoint.. I would also venture to guess that in the grand scheme of things they are counting on most mom&pops to be freaked by this demand and that they just pony up the money to make it go away..it's a money maker for GI. Those of us that stand up to them are a mere splinter in their toe and surely there are not enough of us ( at this point) to have them consider changing.

[Oscar Michelen]

Buddhapi you are on the money, as usual. While Getty may be over-inflating their damages, they do have the photographer's permission to bring these claims so that they are not engaging in fraud.  Also, Getty may be based in Seattle, but it is in fact a NY corporation.