Non-Profit Just Received Our First Getty Demand Letter

[mikejody]

Hello. I just received my first Getty Images Letter for 4 images that were used on our website. These images were uploaded to our website in March, 2005 (8.5 years ago). We are a 401C3 non-profit corporation. I paid a lot of money for our website and believed that my web designer had all appropriate/necessary licenses. I cannot find the original designer, nor do we have any record of payment for his services, as it has been nearly 9 years ago.

I am reading as much as I can on this forum, trying to educate myself, but am having difficulty knowing how to proceed. My questions are: does us being a non-profit corporation have any effect on us using the images? Does the fact that they waited nearly 9 years to contact us have any effect?

I'm interested in any comments. Thank you for your time.

[Robert Krausankas (BuddhaPi)]

Being a non-profit does not come into play, and your statement "they waited 9 yrs" doesn't hold up either, it just took them that long to find the images. With that said, Getty would need to prove they had control off these images 9 yrs ago, and that the images in questions were NEVER offered elsewhere for sale or for free way back when. They have a very weak case in my opinion. Just because they MAY now have an agreement with the artist doesn't mean they always did. Either way you will need to decide which is best for you , on how you proceed..keep reading and learning before making a decision.

[Oscar Michelen]

Mike - as long as the picture remained up they were infringing if you did not own them or did not have a license. So of course immediately take down all the images. Getty would not have to prove they owned the images or their rights at the time you put them up, just at the time they are seeking damages for them. Their damages would be limited to the last three years by virtue of the statute of limitations. That being said, they will not likely sue you and please consider using our letter program. We offer discounts off of the $195 for true 401 c 3 not for profits.