Yes, certainly intend to use proper citation.
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Since it was in development both sections of that page and the images were removed long before we got the letter.
How I would handle this:
Explain to them very clearly that this was a development site and was never intended to be public-facing. The images were F.P.O. (for placement only) while you waited for approval. Point them to the video of the Getty CEO stating that they are fine with people using their images in such a way. Tell them you purchase stock footage from stock companies, but you will not be extorted for something the head of their company himself is a legitimate use.
Ask them to please clarify their position. If they insist on continuing on their present course you will have to cease doing business with Getty and their affiliate companies and escalate this issue to the CEO of Getty and ask him to clarify the company's position.
That ought to get everyone over there squirming.
This is where you could really make use of a petulant voice, "I don't have time for this. Let me speak to your superior." If you just keep driving this point home and forcing this up the chain of command, I am certain they will back off this. (As long as what you said about the time frame and the use is accurate.)
If it were me I would drive it all the way to get Jonathan Klein on the horn. I would record everything and let them know you were doing so. I would also spend some time reporting what was happening back to TechCrunch. I know the prospect of paying hundreds of dollars for a simple mistake is scary, but you are in the unique position of being able to really have fun* with it.
*If your idea of fun is making the CEO of a copy-troll company clearly define his company policy and either reverse himself or scream his head off at the minion who decided to pursue this non-issue.
This is where you could really make use of a petulant voice, "I don't have time for this. Let me speak to your superior." If you just keep driving this point home and forcing this up the chain of command, I am certain they will back off this. (As long as what you said about the time frame and the use is accurate.)
If it were me I would drive it all the way to get Jonathan Klein on the horn. I would record everything and let them know you were doing so. I would also spend some time reporting what was happening back to TechCrunch. I know the prospect of paying hundreds of dollars for a simple mistake is scary, but you are in the unique position of being able to really have fun* with it.
*If your idea of fun is making the CEO of a copy-troll company clearly define his company policy and either reverse himself or scream his head off at the minion who decided to pursue this non-issue.
... I am not so sure I could muster up a petulant voice given my quiet and demure demeanor.
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