I had prepared the following letter and wanted to get feedback from others. This is related to a single (1) image burried deep in a website.
PAT RUSSO
NCS IP Solutions LLC
5975 Cattleman Lane
PO BOX 50276
Sarasota, FL 34232
Ms Russo,
I have received your request for payment related to your file #XXXXX. Unfortunately I am not aware of any contract or civil judgment in the matter referenced against XXXXXXXXX and therefore we are disputing your claim and request for payment. Unfortunately at this time there is no evidence or documentation to show that there is a debt to be collected.
We have made a number of reasonable attempts to resolve this matter, but unfortunately Getty Images has not established a debt is owed in this case. I’m rather disappointed that this matter has gotten to this point over a single disputed image that was immediately removed after the cease and desist request. At this point it has not even been demonstrated that Getty Images has exclusive rights to the image in question.
I have spent considerable time reviewing the practices of Getty Images and NCS on what many consider to be extortion for alleged copyright issues. We have reviewed the merits of these claims and are very disappointed in the actions being taken. Please be aware that every measure will be taken to ensure our rights are being protected and that you and your agencies are following every requirement under the law.
Under the FDCPA (FDCPA Section 809. Validation of debts [15 USC 1692g]) you are required to provide documentation that shows this is a legal debt and prove that you are allowed to collect on behalf of Getty Images.
You are hereby instructed to cease all communication on this matter until the following have been provided. If all of the requested materials are not provided within 30 days, this matter is considered closed and you have relinquished your right to further communicate with us or make any further collection attempts.
Please be aware that it is a violation of FDCPA to send this matter to litigation without timely verification of the debt requested below; reference Spears vs. Brennan. Also it is illegal to report this issue to any credit agency. Any violations of the FDCPA or failure to honor our request to cease communication will be followed by a complaint to the California and Florida District Attorney and the Federal Trade Commission with request for fines and sanctions allowed under the FDCPA.
Until the following are provided, you are instructed to cease all communications on this matter:
1. Comprehensive documentation that shows you have a legal right to collect on this specific case on behalf of Getty Images. Such documentation must demonstrate all communication between your company and Getty Images, any invoices or contracts related to said case, outline of fees and legal obligation between your respective companies. This is to include but not limited to all physical, written or electronic materials. These are required to establish that you have a right to be involved in this matter at all.
2. Written documentation to show original ownership of the disputed image. This should include the name of the artist, best known contact information, date/time the image was created.
3. Written documentation/contract from the artwork’s author releasing all rights and exclusive license to Getty Images. This should include any original signed letters from author/artist, dates, conditions, limitations. It should specifically reference the image in question and not lots or wholesale materials. In other words, the specific image in question must be specifically released exclusively to Getty Images. Claims of confidentiality are irrelevant as they will be subpoenaed should this matter go to trial in order to establish ownership rights.
4. Documentation that shows that the image in question was never licensed to other parties at any point before, during or after Getty Images can demonstrate to have exclusive right to said image.
5. Documentation that shows the image in question was registered with the US Copyright office as protected materials prior to such claims. Said documentation should include but not be limited to the original application for protection and the response granting such protection. The materials must be specific to include the image in dispute and not bulk sets of images.
We are aware of recent comments by Nancy Monson, copyright compliance for Getty Images who states that Getty images does not hold the copyright nor have they registered the vast majority of their images; which I suspect is the case here. As you are surely aware damages in a lawsuit are virtually non-existent unless the image as been registered prior to the alleged violation and a clear chain of ownership has been established.
I’m sure you can understand that the tactics being used by your agency presuming under the direction of Getty Images can be viewed as questionable at best. Unless you can establish that there is a debt owed and you have a legal right to participate in collection efforts there is nothing further to discuss.
I appreciate your help in resolving this matter quickly.
Topic: My Response Letter to NCS (Read 21093 times)