A few days ago I received an $875 settlement demand from Getty. After consulting my legal adviser, I sent the following to [email protected]
=============================================================
I operate Quackwatch, which is a nonprofit site devoted to consumer protection. . . . The image you say you control occupies 12% of the area of an image that I received as an attachment to a spam e-mail several years ago. I posted the spammed image in an article advising consumers to avoid such products. I have the perfect right to do so under the doctrine of fair use and no court would rule otherwise. Nevertheless, since you claim to license part of what I posted, I have redacted that part. You can check at
http://www.quackwatch.org/01QuackeryRelatedTopics/hgh.html
If you do not believe this settles the matter, please send me copies of the original copyright registration and any subsequent transfers.
Stephen Barrett, MD
=============================================================
Today I received this notice:
=============================================================
Dear Dr. Barrett,
Thank you for your email. We have reviewed the information that you have provided and Getty Images is no longer pursuing settlement for case number 1222364. If you have any further questions or concerns, please do not hesitate to contact me.
Best Regards,
Janea Davis
Copyright Compliance Specialist
Getty Images, Inc.
=============================================================
I don't know whether the quick ending was related to the minor nature of my case or to the fact that Getty is being pounded by people who complain on blogs or to the Better Business Bureau, the Ripoff Report and/or state attorneys general. But I believe that it would help if everyone who feels abused complains to all three.
People who are improperly threatened can also do things to influence search engine rankings. One is to link to the most prominent pages (including this site) that educate about the issues. Another is to describe the problems on the Wikipedia pages for Getty and its president Jonathan Klein. A third is to avoid linking to the Getty site because doing that will increase its visibility.
=============================================================
I operate Quackwatch, which is a nonprofit site devoted to consumer protection. . . . The image you say you control occupies 12% of the area of an image that I received as an attachment to a spam e-mail several years ago. I posted the spammed image in an article advising consumers to avoid such products. I have the perfect right to do so under the doctrine of fair use and no court would rule otherwise. Nevertheless, since you claim to license part of what I posted, I have redacted that part. You can check at
http://www.quackwatch.org/01QuackeryRelatedTopics/hgh.html
If you do not believe this settles the matter, please send me copies of the original copyright registration and any subsequent transfers.
Stephen Barrett, MD
=============================================================
Today I received this notice:
=============================================================
Dear Dr. Barrett,
Thank you for your email. We have reviewed the information that you have provided and Getty Images is no longer pursuing settlement for case number 1222364. If you have any further questions or concerns, please do not hesitate to contact me.
Best Regards,
Janea Davis
Copyright Compliance Specialist
Getty Images, Inc.
=============================================================
I don't know whether the quick ending was related to the minor nature of my case or to the fact that Getty is being pounded by people who complain on blogs or to the Better Business Bureau, the Ripoff Report and/or state attorneys general. But I believe that it would help if everyone who feels abused complains to all three.
People who are improperly threatened can also do things to influence search engine rankings. One is to link to the most prominent pages (including this site) that educate about the issues. Another is to describe the problems on the Wikipedia pages for Getty and its president Jonathan Klein. A third is to avoid linking to the Getty site because doing that will increase its visibility.