How many have been sued for use of one pic?

[hayuitsme]

Hi Everyone,
I am new here, and like everyone else, got the dreaded demand letter.

I am pretty sure, but can't find old records (2007) to prove I purchased the image from another site. I have never stolen images for use on a clients site.
(I know better as I have heard of this type of extortion by getty before)

In my situation it was ONE image and it was removed immediately upon receipt of the notice.

I am located in Canada.

It really doesn't seem logical for them to go through all this for a single image.

Is anyone aware of how many people have been sued for use of one image, on a small business site?
Thanks for your input
Scott

[Robert Krausankas (BuddhaPi)]

at this time the number is ZERO.

[Greg Troy (KeepFighting)]

Agreed, to my knowlege at this time no one has ever been sued over the use of a single image.  The burden of proof is on them not you to prove you do not have rights to the image.  I would send them a letter stating you had purchased the image and you consider the matter closed.

Read the fours and there is a lot of great infoumation contained here.  Please keep us posted.

[hayuitsme]

Thank you Robert & Greg.

If and when they decided to sue, would there be an ability to settle prior to court, without any extra costs?
On the courthouse steps as they say.

Thanks again for any help.

[SoylentGreen]

Yes, you could negotiate and settle at the last minute, if you needed to.
Getty filed a couple of lawsuits in Canada many years ago.
I don't think that we'll see that again in the near future, especially about one image.

S.G.

[Robert Krausankas (BuddhaPi)]

settling is always an option, as is filing a counter-suit...they won't sue over 1 image, it's very likely that the image isn't even registered, and if it is it might not be registered properly, they would not make any money by suing you, it would cost them money..they just like to blow smoke out of their pie holes..They will most likely send you a few letters, and then they will let that asshole Timothy McCormack send you a letter ( see I can and will call the copyright cow an asshole, a. because I'm cranky today, and b. I'm entitled to my opinion, and my opinion is that Seattle Attorney Timothy B. McCormack is an asshole!...there I said it again)...Timmy can't sue you either, he can only harass you. Beside he has very little if any litigation experience, according to his own blog..

Just so you all know I'm on day 6 of no smoking, hence the crankiness, God help whichever troll raises their ugly heads for the next few days, there's no telling how I might react, but i'm fairly certain it won't be pretty..

[Lisa135]

Hi, I'm in a similar situation.  The image in question I had thought was purchased by one of my designers 10 yrs ago. As we have bought some images from Getty in the past. We used it for a longtime about 5 years. When we joined the Chamber of Commerce we used it as a thumbnail for our business listing. Now the Chamber of Commerce is being sued for the image I used years ago. They have never came after me for this. This is a small non-profit chamber and just so happens to be my client.  They are looking for $1200. This letter from the Attorney came in today. The chamber BOD are freaking out. Any advice?

[Robert Krausankas (BuddhaPi)]

Lisa, they are NOT suing the chamber, they may be threatening to sue or alluding that they MAY sue, but unless the chamber was served properly, they are NOT being sued..Unfortunately the image in question is on the chambers site, so they are on the hook, and Getty won't want to deal with you..you have several options, if it were me, I would request the chamber hire Oscar services and then you credit back the chamber as they are your client....or you can have the chamber shove Jonathan's Kleins ( ceo of getty) video of him stating they don't pursue non-profits, or site thats make no money..but that will fall on deaf ears..it all falls on deaf ears...they just want your money or anybody's money, cause they can sell images.

[Lisa135]

I feel terrible about this. We are talking over 5 yrs ago. And the image was removed immediately. We are a husband and wife business just making enough to raise our kids, and the chamber is a small 70 member non-profit. We will have to pay this, I wouldn't ask them too. And I don't think I have any extra to hire someone.

[Lisa135]

Robert how can I get a hold of that video? Thanks!

[Robert Krausankas (BuddhaPi)]

@ Lisa, you'd be silly to pay the full amount, look into Oscars letter program, for 195.00 you can make it go away for the most part.. But like I sai the chamber will have to retain Oscar and you will need to make arrangements to credit it back or pay it back to the chamber.. I'll hvae to search out the video...but now that I think about it a bit more, it may not apply to them, even tho they are "non-profit" doesn't mean they aren't making money and they most likely are making money in some capacity..

[Greg Troy (KeepFighting)]

@Lisa I believe that this is the video Robert was talking about:



I concur with Robert but there is no way I would pay them the full amount they are asking for, I understand you are caught in the middle and I think in your situation Oscar's program might be a very good fit for you. I hope this video helps and please keep us posted as to your situation.

[stinger]

@Lisa, This post will explain why it is unlikely that they will ever sue your client.
http://performancing.com/5-reasons-you-shouldnt-fear-being-sued-too-much/

But they can harass them for three years.  That is why Oscar's letter program can be a good option.  It takes you and your client out of the loop of the harassing letters, emails, and phone calls.  You need to decide if you would rather fight, or hire someone to fight.

To my knowledge, no one who has ever taken Oscar up on his letter program has ever had a judgement won against them.

The other thing you should be aware of is that it appears to many on this forum that Getty has various ways of seeding the market with images that appear copyright free, and then comes back and threatens lawsuits to those that fall for the seeding.

There is lots of information in these forums.  And there are some very good people willing to help.  You need to determine what works best for you in terms of supporting your client's interests.

[hayuitsme]

Ok thank you all for your help.
I'll let you know where things go.

Keep up the great work folks, you helped calm some of my concerns.
Have a great day
Scott

[unbelievable]

Ok thank you all for your help.
I'll let you know where things go.

Keep up the great work folks, you helped calm some of my concerns.
Have a great day
Scott

Hi Everybody,

Scott, you are not the only one. I have also been sued in Canada for one image only and naturally a mistake like so many of us. What I was wondering:   Who decides what penalty we have to pay? Their charges out outrageous to say the least.
Thanks everybody for all of the info. Will help me enormously:)

Silvia