My 3 year experience fighting back in playing Getty's dirty game

[thetootall]

Hello all!

First of all, thanks everyone that has made such invaluable contributions to fighting Getty. As I've received the "extortion letters" in their varying stages I would get freaked out but my motto has always been that "knowledge is power", and it certainly has helped to calm my nerves and give me the power to not give in.

So I received my first Getty Letter in the beginning of 2010 on a web site that I not only had sitting inactive driving zero business as a sole proprietor, but that I've had up and running since 1997. I did a redesign of the site in 2004 using 1 image that I have no clue where it came from, but I know it was not from Getty!

It must have been in 2009-2010 when they fired up their software engine to start looking for ways to extort people for money, because sure enough I received one of their letters with a screen shot of my website saying I had used one of their photos. Looking back now it's infuriating but at the time when you receive a letter like that, you get a little scared.

I started doing my homework, found information on this "scam" and did probably the best thing I could at that point: nothing! They proceeded to send 2 more letter over the course of the next year, neither of which I responded to. Then, I hear from McCormick.

After receiving 2 letters then from McCormick, I decided to fire this one back (it's in Word - feel free to use it as well):

https://skydrive.live.com/redir?resid=A746C9B7AC7D1E4D!108&authkey=!AAX4-_J2qoE_Zls

To which I received the following response, neither of which I have replied since because they could not fulfill my request in validating their claim

9/2012
https://skydrive.live.com/redir?resid=A746C9B7AC7D1E4D!107&authkey=!AAX4-_J2qoE_Zls

1/2013
https://skydrive.live.com/redir?resid=A746C9B7AC7D1E4D!110&authkey=!AAX4-_J2qoE_Zls

After keeping up with the story and seeing the Washington Attorney General complaints, the board review, etc, I'm going to continue to sit back and do nothing. Since the Copyright Office has only 171 copyrights registered to Getty Images (see for yourself at http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First), they do not have a leg to stand on.

Hope this helps others!

[Robert Krausankas (BuddhaPi)]

if you got the first letter in the beginning of 2010, you are probably past the 3 year statute of limitations, you might want to check into that.. and if you hear from them again you can politely ( or not so politely) point this fact out to them...

[Jerry Witt (mcfilms)]

That is a very good template letter and your strategy is certainly sound. Congrats for making it through your three years.

[Greg Troy (KeepFighting)]

Excellent work and congratulation on making your three year mark!

[Mulligan]

For what it's worth, McCormack sent me the same "final letter" form letter he sent you, including what appears to be the whited out third irrelevant case on the second  page.

Given what McCormack's speculative invoicing "law firm" demands for settlements, you'd think they could afford to type up a new second page without the whited out section... but then that sort of professionalism requires a modicum of pride in what one does, doesn't it? Besides, it's far easier to just keep sending out the goofy looking letter to the rubes.

Plus, you save the cost of a new sheet of expensive letterhead paper and five minutes salary typing time you'd otherwise have to pay a paralegal!

[stinger]

Great job with the letter thetootall.  And congrats on making it through the three year mark. 

My take is that they aren't really trying to protect copyright here.  Rather, they are trying to take money from those willing to be bullied.  Way to stand up for yourself.  And way to show others how they can stand up for themselves.

[Oscar Michelen]

Yes, once three years passes from the date on your first Getty letter the statute of limitation has expired. You issued well-reasoned responses and got back boilerplate nonsense.