ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: slamberth on August 31, 2010, 01:36:19 AM
-
My client received the "Letter of Demand" today, and I had a knee-jerk reaction out of embarrassment and sent Getty Images an email saying that I was responsible for the image and that I removed it immediately. I then asked if they.can please provide me a way to make the payment by credit card. Am I too late, since after doing some research, realized I should have just ignored them?
Now that I calmed down, I'm thinking ,"Why am I paying for such an absurd fee for an image that I received from a download of stock images?"
I will be receiving a response from Getty on directions on how to pay the fee by credit card very soon. I now feel duped.
When they send me the response email, if I was to say, "On second thought, unless you can 1. Provide proof that the copyright is held by Getty and is valid and not expired and 2. show me PRECISELY how you calculated that absurd fee, I'm not going to pay you a dime."... be a proper response or am I just digging myself into a deeper hole? Am I already too late because I already responded and now have to pay a $875 fee for an image whose copyright I thought was cleared?
-
Payment has not been made. It is not too late to change your mind.
-
Thanks,
They sent me an email on how to pay by credit card so I replied with this email:
Dear Mr. McGrath,
Before payment, for my records and protection as advised by my lawyer, I do need proof of valid ownership of the image and a precise calculation for the claim of $875.
I purchased this image along with other images as a bundle, so I honestly feel I did nothing wrong. As soon as I read your company's letter "claiming" this was thier image, I removed the photo immediately.
I feel a simple "Cease and Desist" letter would have been sufficient, instead your company demanding such a preposterous price for "damages and compensation" without proof of damage is not only pathetic but borderline illegal.
I will not "blindly" pay such an arbitrary sum. The license for the web photo would be $49.00 for 3 months, so as you might guess, feel a bit gouged for such an easy and victimless mistake.
Nor will I be scammed into paying your company for an image they "claim" to have the rights to. Until I receive proof of ownership, your company's "claim" means nothing.
Once the requested information has been provided and reviewed by my lawyer and everything is what your company says is true, I will be more than happy to pay for the amount specified.
I would be more than happy to settle this in a court of law if your company would rather take this case in that direction.
And please understand your company is damaging their reputation with this bulling tactic.
Thank you for your cooperation,
Sincerely,
Shane Lamberth
-
I like this letter.
Next, it's very likely that you'll get the form letter that states something to the effect of "We'll reveal our documentation in the court session". Which actually means that Getty has nothing, as usual. Just don't reply back to them.
Any company really intent on going to court wouldn't be so negligent in its duty to protect their content. Assuming that they even own said content. In fact, what's to stop you (or anyone else) from paying 50 bucks and copyrighting that image right now?
They're after the "low-hanging fruit". People who just send money out of fear.
S.
-
Dear Shane:
While I don't think its wise to automatically assume that Getty won't litigate, it is highly unlikely that they will litigate over just one image. I agree with SG that you should send the letter out, retracting your offer, and await their response. Please keep us posted
-
And here is their reply:
Dear Shane,
Thank you for your email. I appreciate your follow up in this matter. I would like to address your comments and concerns.
Please note that you have commented that you are completely responsible for the image being used. We are willing to work with you as a courtesy, should you be willing to settle this matter on behalf of Pav & Broome Diamond Jewelers. As the end user of the unlicensed imagery, however, Pav & Broome Diamond Jewelers are ultimately liable for this infringement. Should you be unable or unwilling to settle this matter on behalf of the end user of the unlicensed imagery, we will continue to pursue Pav & Broome Diamond Jewelers in this matter.
Copyright exists upon the moment of creation. Getty Images represents the photographer who owns the copyright in this image. Rights Managed images, such as the one at issue, are exclusive to Getty Images and available for license only through our website. Please find enclosed a watermarked copy of the imagery as evidence of our rights in the same. Therefore, when copyright infringement occurs, Getty Images is entitled to legal redress.
As exclusive licensor of the images in question, Getty Images is seeking compensation for the unauthorized usage of our represented photographers work. The settlement offer presented to Pav & Broome Diamond Jewelers is based on several factors that include the cost of licensing, and administrative costs related to policing these matters.
Absent the appropriate license surrounding the specific use of the imagery in question, the settlement amount of $875.00, as presented, represents what Getty Images would expect to receive in a matter such as this.
Payment of this amount will serve as full and final settlement of this matter. The terms of this settlement shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies available under copyright law. Settlement of the unauthorized use claim does not constitute permission for future use of the imagery.
Please let me know if you wish to settle this matter on behalf of Pav & Broome Diamond Jewelers so that we may proceed accordingly.
Thank you for your continued time and attention to this matter.
Sincerely,
xxxxx
License Compliance Specialist
Why are they saying this is all confidential?
-
Although I claim full responsibility for the image and refuse to pay, Getty Images is threatening to go around me and pursue my client because the image was on their site. What to do?
-
Slamberth:
The federal rules say that settlement discussions are not admissible in court and normally settlement agreements in copyright matters are kept confidential. That is standard practice. However, you have not settled with them so you have no obligation to keep anything confidential unless you have already agreed to do so. If you would like my help in representing you against Getty on this case, you can email me at [email protected]
-
Hi All,
The second letter is intentionally misleading.
While copyright exists at the moment of creation, this is not normally enough to collect damages in court. In any case, this form of "copyright" would exist only for the creator of the image, and not Getty.
Getty must own the copyright to the image in order to sue for damages; it cannot sue for damages on behalf of a third party.
Watermarking an image does not copyright it in any manner.
It's interesting that Getty is unwilling to actually explain the cost breakdown. The number seems to be purely arbitrary.
S.
-
Hey SG:
Just want to clear up a point you address in your latest post. Copyright is owned by the author of the material. With photographs, the original author would be the photographer unless the photo was a "Work for hire" then the author would be whoever hired the photographer. However, the author has the right to assign r o transfer that right to any third party. Most of the photographer's agreements that Getty uses contain a complete assignment of rights including an assignment of the right to enforce the copyright the author's own. So, Getty can bring an action if they have such an assignment
-
Hi Oscar,
Thanks for the clarification; it's an important point.
S.
-
No problem SG
-
slamberth Wrote:
-------------------------------------------------------
> Although I claim full responsibility for the image
> and refuse to pay, Getty Images is threatening to
> go around me and pursue my client because the
> image was on their site. What to do?
Was there an answer to this?
-
Many of the folks that hire us for the letter program are web developers retaining us on behalf of their clients. Getty has the right to go after the end user so it is not uncommon for them to take this approach. If you would like to retain us you can email me at xxx.
-
In answer to Flignar's question above, people who retain a lawyer are usually advised not to discuss their issue publicly on a forum such as this. In addition, a lawyer wouldn't comment on their client's case, unless told to do so by the client. Furthermore, companies like Getty and their ilk make it a provision of a settlement that any details remain confidential (should that apply here). Any one of these factors may be why we haven't heard any further details.
S.
-
I had hoped Getty would leave me alone- gosh it's been 10 months!!
but no the letters, calls, deadlines, emails with attachments- have started coming now from McCormick attorneys-
So I contacted a local patent atty who said Getty is perfectly in their rights to "troll" the internet for their intellectual property-
and that I am getting off cheap to settle now or they could take me to court in the state of their choice!
couple questions!:
1. ) REFERENCES
Can anyone email me who has used Oscar's $150 letter?
With that letter has anyone gotten Getty and McCormick to leave them alone-?
OR do all of you just wait it out- they want $7500 but may "settle" for $3700.00
2. ) HOW ABOUT THIS IDEA?
Find someone who did pay for my same exact pictures-
and show proof that they paid for them so I could use them!
(since my webdesigner said they can't find the proof that they paid for the pictures)
3.) I also just did a chat with Getty and the representative told me that if I had taken the pictures down before they found them on my own- they wouldn't have done anything-
and that Getty pictures have no watermark- to protect it- so someone could have downloaded the pictures as a comp and then used it - that's no protection for their clients-
I asked about finding other pictures myself on my website and they said use www.tineye.com to see if my pictures were illegal-
or I could also ask the webdesigner web dreamworks in India for the number of the image-
(if I had that - I'd have the proof he paid for them!)
I have emailed Oscar too for a reference- on someone who has successfully
used his $150.00 letter and made Getty go away for good!
but please email me too privately, b [email protected]
-
Bonb,
The letter is not a "magic pill" fix and it has no magical incantation written within to make "Getty go away". It only lets Getty know a client is being represented by Oscar and his law firm. There are no guarantees of results but I promise you I have not heard one person regret paying $150 for Oscar's service. The letter is simply a medium to deliver his message and argument on your behalf. Quite frankly, even if there were a couple of dissatisfied people, you are more than welcome to use another knowledgeable IP litigation attorney and ask THEM if they will give you the time of day for $150.
MatthewC
-
Let me quickly address your questions:
1. ) REFERENCES
Can anyone email me who has used Oscar's $150 letter?This website has been up for nearly three years and reading the posts should be all the reference you need, I would note that I have represented over 500 companies on this issue
With that letter has anyone gotten Getty and McCormick to leave them alone-?Getty and McCormack have not sued more than a few times since 2005 and almost always for more than 20 images
OR do all of you just wait it out- they want $7500 but may "settle" for $3700.00 Anyone who pays Getty that kind of money for a claim over a single image or two is out of their mind in my opinion
2. ) HOW ABOUT THIS IDEA?
Find someone who did pay for my same exact pictures-
and show proof that they paid for them so I could use them!
(since my webdesigner said they can't find the proof that they paid for the pictures)This would be a fraud. A bad idea and unnecessary since there are many legal and legitimate defenses to Getty's claims
3.) I also just did a chat with Getty and the representative told me that if I had taken the pictures down before they found them on my own- they wouldn't have done anything-
and that Getty pictures have no watermark- to protect it- so someone could have downloaded the pictures as a comp and then used it - that's no protection for their clients- True
-
Hi,
I am emailing Oscar next to thank him for his kind help in this scary expensive Getty settlement demand extortion letter-
and find out how to send the $150.00 letter to Getty on my behalf-
meanwhile- I see on Getty's contributor site some interesting verbage-
Getty has 2 links on their site- here is the transcript of one-
scroll down- it says they find most infringement is unintentional and they "educate" and turn infringers into clients! far from the truth-
we are spreading their horrible ways to all our friends and family- and they rarely sue-!
http://contributors.gettyimages.com/article_public.aspx?article_id=889
http://contributors.gettyimages.com/article_public.aspx?article_id=890 tells contributors to register their pics-
http://contributors.gettyimages.com/ (bottom right hand corner link for the article below)
---==============================================
Getty Images policy on unauthorized use (updated)
Thursday November 6, 2008
Getty Images considers the subject of copyright protection of the utmost importance and has an active program utilising a range of measures to deal with the issue.
We are committed to continuing to do all that we can to enforce copyright laws and ensure that both our company and our photographers and filmmakers are compensated for their work.
Getty Images has established a partnership with PicScout which enhances the monitoring and protection of Getty Images collections on the Internet and in over 2,000 magazines throughout Europe and North America. The Image Tracker™ Service enables Getty Images to monitor who is using their images and locate unauthorized uses.
The Image Tracker™ Service is the market standard for monitoring visual assets. The service applies some of the most sophisticated crawling and image recognition technology in the world, and is capable of detecting images even if they have been altered or distorted.
We also employ a team who are dedicated to ensuring worldwide copyright compliance. Their sole task is to protect copyright by tracking and pursuing copyright infringements on behalf of the company and our contributors.
When we find infringements, our experience shows that they are often unintentional. Our policy, therefore is - once the infringement has been settled to our satisfaction - to turn infringements into licenses, and infringers into customers. The process we use focuses on education, informing the client about what copyright is and where they went wrong. Our aim is to avoid legal action but we will not hesitate to use it when the need arises.
We welcome and encourage any individual or organisation with information about suspected infringements to contact us and we will deal with it in the strictest of confidence.
If you have a working relationship with Getty Images, we recommend contacting your Photographer & Filmmaker Services contact.
-
I received the letter about a while back for £2,000 for 2 images . One of these was removed months before receiving letter. No cease+ desist first, just pay up and stop using images. To make site look simple + uncluttered several months before I received the letter I had already asked designer to remove all images except one. All removed several months before receiving the letter except a few thumbnails which (apart from one) are not the subject matter of the letter. I relied on web person's expertise and have no knowledge of copyright or webdesign etc. I was innocently using images and making no commercial gain. Web designer now cannot be located. Why would they send me a letter now for this if one of the two images which are the subject matter of the letter had been removed ages ago? Am in one man business struggling to make ends meet. Even thinking of closing down. If I do can they still chase me? If I close and don;t receive their letters can they still serve proceedings and enter judgement in default without my knowledge? (Feedback from any UK lawyers who can defend us for innocent infringement may also be useful here.) Have a .co.uk site. Based in UK. Some say don't contact them and some say write to them! Can I employ your services Oscar if I think it drags on as I cannot get hold of anyone at limeone here. It's most frustrating. The media here does not take up the story for fear of 'reprisals' from getty as they use their photos. Government agencies don't really want to know and say it is a civil matter. Who is doing anything in the UK to protect us small businesses? Has the FSB done anything on behalf of us? I don't think so.....just conflicting advice on many forums and no real lead as to what is the normal process. People say they wont take anyone to court for less than 20 images so why did they take a haulage company to high court in UK in 2009 for one small image for which they originally claimed £1900? £20k costs settled out of court. Getty in its letter acknowledges that we may not have known of infringment so but that I am the end-user. They are taking advantage of our innocence and demanding payment. Surely that cannot be just and equitable? Does anyone else have any updates if UK based?
-
Hi Oscar,
Thank you so very very much - being here- and thank you in advance for helping me-
I am in the process of divorce, have a special needs adopted son, and work in a unique adoption field -
with only good intentions- I got the demand letter-and tried to ignore it - but now contact from the atty at McCormack-
I dooooo I dooo want your letter for $150.00 and help!!
sorry to be a pest- I did email you and totally understand you are very very busy-
I do want to request your letter of help!
I just want to confirm you will help me and that
you got the email!
and hope I can send my attachments to your email address? - and
instructions on where to send the $150.00
and what to do next!
thank you thank you thank you!
Warmly,
Bonnie
[email protected]
-
Sent you the info today, I look forward to working with you on this.
-
Yeaaa! thank you I got the email
and already sent you back a bigggg thank you!
and credit card info
and doucments-
thanks! again-
warmly,
Bonnie
-
As both Matt and I have repeatedly stated, the UK situation is very frustrating, but I cannot represent you in the UK regardless of how much I would like to help you out. We need someone over there with some b-lls!
-
great bonb that should be the last we hear of them!