My proposed Getty letter response and settlement offer

[timtime]

My Revised Reply:
===============
To Whom It May Concern:

Thank you for your letter dated April 26, 2012 notifying <<COMPANY_NAME>> that its website <<WEBSITE>> may be in violation of an image copyright allegedly represented by Getty Images. To clarify, the website <<WEBSITE>> is wholly owned and operated by <<COMPANY_NAME>>, a <<MY_STATE>> corporation of which I am the founder and sole employee.

In response to your takedown notice, we have removed the allegedly infringing image from the <<WEBSITE>> website.

As a service offering "transmission, routing, or providing connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received", <<WEBSITE>> is protected by the Safe Harbor Clause of The Digital Millennium Copyright Act.

As such, your notice to takedown the allegedly infringing image and our timely reply closes this matter.

Sincerely,


<<Me>>
Founder of <<COMPANY_NAME>>
<<MAILING_ADDRESS>>

This letter is sent pursuant to Federal Rule of Evidence 408

[Robert Krausankas (BuddhaPi)]

do they know the comapny name already?
is it an LLC
do they know your name?

I would not give it if they don't know it. If it's an LLC they have to after the business and not you personally..My bet is they will come back and say you are not covered by DMCA, and then you'll officially be on the "Merry Go Round"
If you are not or do not have a registered agent with the copyright office you will not be covered by DMCA safe harbor.

Heres a good link to DMCA info, it set outs the requirements to qualify as well as measures that you must take on your part to qualify.

http://www.chillingeffects.org/dmca512/

http://www.chillingeffects.org/dmca512/faq#QID128

[mothrottle]

TimTime, I am wondering if I can use your letter. I would, of course edit to fit my own situation. I am also wondering about the outcome in your case. Did they fire another letter back yet?  Thank you.

[timtime]

Yes, feel free to use my letter. So far, after sending off the above letter, I have heard nothing more from them. My company does have a designated copyright agent registered with the US Copyright Office, so that probably helped my "safe harbor" case. My website allows 3rd-parties to post content, which is precisely what the DMCA was trying to protect against. My response, the nature of my web service, and my registering an agent w the Copyright Office and providing clear copyright contact information on my site probably saved me from their follow-up harassment. Best of luck to you!

[Matthew Chan]

Don't be foolish as other ELI visitors have done and adopt another person's letter that the copyright extortionists realize you didn't really write it.  Remember, ELI is required reading by all the copyright extortionists.  I have the web stats/logs to prove Getty, Masterfail, etc. all come to ELI to get the latest information and gossip.

I posted my own response letters years ago simply to share my story and how I dealt with it.  However, quite a number of people "adopted" too much of my letter without adding their own original thought, wording, tone, and circumstance that many of the copyright extortionists simply call them out on their so-called response letter. I know many of them laugh at some of the letters they receive.

I have no problems people using my or another person's letter as a source of and ideas for your own letter.  But don't make yourself look like a plagiarizer by copying phrases, paragraphs, sentences, etc. It doesn't help your case at all.

Use your own words, phrases, tone, and circumstances to get your communication across if you want to be taken seriously.

TimTime, I am wondering if I can use your letter. I would, of course edit to fit my own situation. I am also wondering about the outcome in your case. Did they fire another letter back yet?  Thank you.

[Oscar Michelen]

Good advice Matt - as always

[mothrottle]

Got it.  Thanks to all of you for the guidance.