Got the Getty Letter

[gotletter]

I won't bore you with the story; it's pretty much the same as everyone else here who has received a letter from getty.
I will state, however, that the template I purchased included the image that getty is alleging that I am infringing upon.
I got the letter two days ago; to cover all bases I removed the image that same day (I acutally pulled the entire website down because I had planned to redo the entire site this weekend anyways).
It is not a commercial site; it's just a "for fun hobby" site (in other words I'm not selling anything).

I do have bank records that show I paid for the template back in 2010, as well as an invoice from the company I purchased the template from.  Sadly, it's just a generic invoice; Website Template is what it shows that I purchased.

I went to: http://www.copyright.gov/records/ and did a search for the individual that they claim is the copyright owner of the image; that person has never registered anything (at least not in the United States).

My next step is to write back to getty requesting proof that they indeed own the copyright to the image (which I suspect they don't from all the reading I've done on this site), or at the very least that they can prove that they have a legal claim to the image.  I've found the person who's name is listed as having credit for the image, but there is nothing on his website to indicate that this image is indeed his.

I'll take any advice on the subject, but would like to ask this; is it wiser to send an email or a snail mail to getty?

[Greg Troy (KeepFighting)]

I always used regular mail as I wanted a written record of everything that was said. What company did you get your template from?  If it was template monster than you should be okay as Template Monster settled with Getty directly.  Read up and educate yourself before sending any reply.

[gotletter]

I always got all of my templates from boxedart(dot)com .  I did a search on there and have not been able to find the template (which is not surprising, I mean this was back in 2010).

However, with that said.. I did just read on their site:
"(boxedart) give no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, registered or copyrighted images, elements or works of art depicted or cont
ained in any image in any Product, and You must satisfy yourself that all the necessary rights or consents, as may be required for Your use of Product(s), are obtained."

Stupid me for thinking all I had to do was pay for something and I could use it.
I mean.. with something like this.. what's to stop Polo shirts from making a lawsuit against everyone who has purchased one of their shirts with their logo on it? 

As a result, I am trying to familiarize myself with all things copyright now.

In reading I have come across this:

"§ 504. Remedies for infringement: Damages and profits
(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —

(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work."

Would this mean that the copyright owner has to prove MY gross revenue on the image's use (in my case it's $0 because I just don't sell anything on that page let alone on the site itself), while I have to prove MY deductible expenses (which would be $15.00 a month for hosting plus $15.00 a year for registration) ?  AND seeing as the supposed copyright owner does not appear to have registered the image for copyright, how does getty have a leg to stand on?  Or is the above section not applicable in this instance?

[Greg Troy (KeepFighting)]

Getty will even sell you an "insurance policy" for the images you get from them, it's listed in a brochure called "Be Sure of It" 

[gotletter]

I have half the mind to write a simple and direct letter.
something along the lines of..

"While I have been able to show that I have in fact paid for the image from a template website, I am still going to exercise caution and have removed the image in question from my website and server. I am not admitting to liability by doing this, but rather I am removing it to further remove any ties to your company or website.  I did look up the copyright for said offending image and was unable to verify that Getty Images, or the photographer you stated, was the copyright owner.
I have proof that i paid for said image, but I have yet to see proof that Getty Images has a legal claim to the image.
As the time restraint was placed upon me, I will also expect a reply within 7 business days providing to me explicit proof that Getty Images has a legal claim to the image and exclusive rights to the image.  As I mentioned I have proof of payment to another website where I purchased a website template that contained the image in question.  Should you not reply with the requested information within the same time frame you have granted me (7 business days), I will consider your demand(s) fully satisfied and this alleged infringement matter settled."

I already know their reply; it will be along the lines of:
[you still owe us, and we are not going to release the information you requested unless ordered by a judge in court.  by the way, who us your proof.]

To which I'll simply tell them; my proof will be seen in court, take me there.

Thoughts?

[gotletter]

on a related note.. does anyone know of a site I can go to to ask about some specific copyright questions?  I'm learning more than I ever wanted to know (which is not a bad thing really), but I have a few questions that I just can't seem to find an answer for.

[Robert Krausankas (BuddhaPi)]

i think boxed art is owned by template monster...I would dump it in their lap, before wasting your own time with this..If the image was part of the template, then they should step up to the plate...abd getty is well aware of this, as there was a sttlement between them and templatemonster..

[gotletter]

in my myriad of web page readings i swear up and down that i read that getty sells images to template monster..  and if boxedart is owned by tm...  I also just read somewhere that TM has settled cases between a template purchaser and getty where TM's template allegedly contained a getty image. 

so.. who knows.  I'm still in shock from my letter.  looks like I'm gonna take it to the mattresses.

[Robert Krausankas (BuddhaPi)]

getty sued TM and they settled, and TM does take care of clients that get letters..

I don't know of any site where you can ask copyright related questions, but I would here, Oscar does pop in from time to time, and he has given us many free IP law related lessons, and we also have some pretty minds here in the forum..ask away, worst case is we don't know and we all learn.

[Mulligan]

...and we also have some pretty minds here in the forum...

Peeved, Robert's talking about you again!

[Robert Krausankas (BuddhaPi)]

...and we also have some pretty minds here in the forum...

Peeved, Robert's talking about you again!

hehehe...good catch! was supposed to read "pretty GOOD minds" but pretty minds works too!

[Peeved]

Getty will even sell you an "insurance policy" for the images you get from them, it's listed in a brochure called "Be Sure of It" 

Still funny btw!

[Greg Troy (KeepFighting)]

I know it makes me chuckle, but might not be a bad idea as often as Getty is sued for selling images that are not theirs.

Getty will even sell you an "insurance policy" for the images you get from them, it's listed in a brochure called "Be Sure of It" 

Still funny btw!

[gotletter]

In a worst-case scenario and getty does take me to court, where would that take place?
would I be required to travel to their home state, or would it take place in mine?

Can anyone provide any potential details on this?

[Greg Troy (KeepFighting)]

It should be held in your District Court.

In a worst-case scenario and getty does take me to court, where would that take place?
would I be required to travel to their home state, or would it take place in mine?

Can anyone provide any potential details on this?