Got letter. Question about my response.

[gimby]

Hi,
   I am the owner of a very very small business, that has never turned a profit.  A couple years ago, I copied some pictures from various places on the internet, and pasted them into my web page.  They were probably only seen by a few dozen people, and I only had them up for maybe a year. I later changed the name of my business, and abandoned this webpage and the domain name.  On my new website, I don't use any images other than those I take myself, which is a good approach for any small business owners out there who are reading this.

  Anyway, a couple months AFTER I took the pictures down from this now-defunct webpage, I got the Getty letter in regards to 1 image, asking for $750.  I ignored it.  This was probably two years ago. They sent me another letter, and then I got another letter from their collection agency, which has now also emailed me.  So I guess it is time to respond?

  A couple questions: First) Today, I did some searching and found the offensive image in the Getty images library. So, is there any point in my asking for proof of copywrite ownership, or is this pretty much a settled matter, in their favor?

  Second, the image I used was not much bigger than a thumbnail.  Should this be relevant if I try to settle with them.  Is the fact that I have never made a profit relevant?  How about the fact that this webpage hasn't existed for well over a year?

Thanks for any help.

[Robert Krausankas (BuddhaPi)]

as an fyi, the statute of limitations is 3 years from the date they discovered the image, if you got the first letter 2 years ago, you're well on your way to the end of this..at this point if it were me I would probably not respond and wait it out..but that is a decision only you can make.

[rock]

Check these threads and the videos

First Glimpse At A Bar Complaint Against Mr. McCormack
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/first-glimpse-at-a-bar-complaint-against-mr-mccormack/

How to STOP Getty images settlement demand letters - Cease All Communication
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/how-to-stop-gettys-employees-harassment/

An Experiment Against Getty
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

[SoylentGreen]

Getty images have never filed a lawsuit over a single image, so it's unlikely that anything would ever come of this.

The collection agency can't do anything, as this is NOT a debt.  Furthermore, they must stop contacting you if you tell them to do so.
With Getty Images, it's rather pointless to inquire as to whether or not they own the copyright.

They usually don't hold the actual copyrights, and will call your bluff by saying that they don't have to send you proof unless it goes to court.

Again, it's unlikely to ever come to anything.

S.G.

[Oscar Michelen]

Take a look at some of the videos and forum posts that discuss the Getty claim in general.