Previously posted my story....what do I do now?

[ellie]

@buddapi glad to have you here as a moderator. You have replied to my previous post (Getty Letter with a twist) and I am sure we all appreciate your time dedicated to helping those of us in this situation.

After receiving the letter sent to one of my web design clients I responded as advised here. Requesting proof that they actually owned the image in question (tiny image on a secondary page). Of course they refused to provide proof and in their reply they copied a patient of the clinic whose website we are referring. The patient's email address was in the signature of a testimonial on the website. Outrageous action and my follow-up letter to them stated such. Well they have now sent another letter to the website owner saying that "...the negotiation conversation with your third party has simply run its course and we are no longer willing to work with her." Of course, they have not mentioned their serious breach in copying the unrelated third party.

As an aside, although the photo in question (a man with a paper bag on his head) is currently licensed to GI, on their other site, istockphoto, they have a nearly identical image that you can purchase for 3 credits per year! About $3.60 per year! And they are asking for the ubiquitous $780!

If it were my website I would continue to fight them (and enjoy it!) and maybe even pursue damages for their unprofessional behavior but since it is a client's website I need to make it go away. With this in mind, although at this point I can ill afford it, I will likely have to engage Oscar. My question is what to do next? I see his email and telephone (although Matthew says no phone calls, the phone number for Oscar is still on the website) but am not sure what to include in the email requesting his services. Any advise from the moderators about how to proceed would be very helpful.

[SoylentGreen]

Sorry to hear about your situation.
Also, I hope that folks don't mind if I hijack the thread for a moment.

Getty and their ilk make a lot of money through "third-party" situations like this.
They can pressure a web developer into settling, as the developer doesn't want to lose goodwill with their client(s).

If Getty is pursuing your client, then your client would have to retain Oscar's services.

S.G.

[ellie]

Thanks SG....needless to say I will need to pay for Oscar's services on behalf of the client. Maybe a list of what to send to Oscar here on the forum would streamline the process for everyone and make it easier for Oscar too. Just a thought. If there is something here and I just haven't found it someone please advise.

Thanks

[Jerry Witt (mcfilms)]

I do not see how hiring Oscar would help in this case. If your intent is to just "make it go away" and settle, hiring him would mean you have $200 less in your budget.

On the other hand, maybe there is some sort of affidavit or contract you could sign with your client and take full responsibility for the site's content. You could specify that this was work provided for hire by you to them and you are responsible for it. Then maybe you could get Oscar to send a letter.

This would be a win-win for you. It would tell your client you are willing to take the heat for this and it would enable you to continue fighting GI.

But I do not know if GI would stop pestering your client. And anybody can sue anybody for anything. If they ever did decide to file suit (which seems highly unlikely) it would be just as easy to drag both of you into court anyway.

I hope Oscar is able to offer a comment about creating a letter that indemnifies a client and shifts the responsibility back to the designer. Because it seems that GI is using this tactic to embarrass web developers and hustle settlements with more frequency.

[ellie]

Great point and I would look forward to some guidance from Oscar in this regard, i.e.) What sort of letter can we get from the website owner that would enable a developer to deal with the issue?

You are right about the embarrassment factor as relates to one's reputation. Although the actual developer was in India and I am a consultant who works with small businesses in a hand holding role to get their business online, I feel responsible for their actions. The developer is an honest guy whom I have worked with for years and he is mortified by this whole thing as well.

[Robert Krausankas (BuddhaPi)]

Couple of points / thoughts to add to this discussion.

In regards to phone calls, I think that is more aimed to folks who just want to ask questions, and get a free consult, which is not part of the service that Oscar provides. I think it would be safe to say that if you called and stated you wanted to retain Oscar for the letter, they would gladly help you out.

As was stated previously, your client would need to retain Oscar and pay for such, this would in effect take you and the client out of being contacted by GI.

I've had a similar experience, where a client of mine got the letter, from an image that I properly licensed years ago. I knew it would go nowhere as it was same as in my case ( legally purchased image no receipt in hand). What I did was advice my client to retain Oscar services and in exchange I offered a web hosting credit to cover the cost.. Doing it this way I was able to keep my client, as they were pleased I was willing to work with them, and it also served to get GI off their backs.

I don't know if the system has changed since I had my letter drafted, But I believe, I faxed a copy of the letter from GI, along with an explanation of where the image came from and any other circumstances to Oscars office, I then called the office with my CC number and got the ball rolling.. Mind you this was over 2 years ago, and I was fortunate to get my letter drafted rather quickly. I know for a fact that Oscars case load is much more these days, as he has just moved to another very busy firm, not to mention the Getty Letter services..

What you could do is make sure your client gets a reciept after hiring Oscar, which can then be provided to GI, to show them that an attorney is involved and that any future correspondence must go thru his office. This might take the heat off while you wait to get the letter/drafted and sent..

Hope this helps.

[ellie]

Thanks. Will do and report back. A thought might be for Oscar to post here how to proceed with GI and him if one wishes to engage his services. Most of us probably start off by trying to fight it, when we get nowhere we just give up and go to Oscar! It might save him time if he posted his process (i.e.) what to send, how to pay, etc.

Thanks everyone for your words of wisdom.