Yesterday I received an unauthorized use letter from Getty for one image asking for $965 in "damages". I immediately took down my site. Then I started doing research and have been reading non-stop. Thank you for this site and forum.
1. I'm in WA state. I'll hire an atty. to handle this - I have no patience for these guys or this. I just finished closing my Mom's estate and received plenty of unwanted phone calls - I'll take none from Getty.
2. If there was infringement (not sure there was - I deeply respect copyright and did all I could to prevent infringement), I feel horribly. But...this is insane. I've had to enforce my own copyright and TM before. First step is to send a cease and desist. Right? That's what my attorney instructed me to do. Anything beyond that is not looked favorably by the courts. Is this correct?
3. I cannot find the image Getty sent me anywhere on the web (now). I recall searching for the images using Google stock images free. Then I followed the hyperlinks to do my best to verify the images were free. So this is upsetting.
4. I'm scared of getting more letters from Getty about other images on my site. How often does this happen? Because I was already diligent in this matter, I felt safe b/c I'd taken careful measures to ensure I had used free images. OTOH, I also had many images that I had taken myself b/c I was unable to find images that I was confident were free to use - so I took the time to do this and be within the law. Makes this burn even more.
5. Does Oscar's group successfully handle cases in WA state?
6. As others have stated, my site is a small business site. It gets few visitors, has not been up long, and is simply for informational purposes. This is a side business for me (more of a community service).
7. I looked to see if Getty or the photographer has a copyright in the US and cannot find one. It's a generic-enough image. The photographer is from outside the US.
8. Am I in a better position to have Oscar handle this, or to have an IP atty. in my state handle this? It seems Oscar has great experience with Getty. The IP atty. I've used in the past is more experienced with TM and manufacturing, not digital. Plus, he'll charge me $450/hr. So, if I use someone in my state, I'll need to find a new atty.
I'm educated. My heart breaks for people who get this letter and are unaware of their rights.
Btw, the WA State Atty. General is very good. Do file a complaint with them. This will eventually be addressed. I've had great experiences with their office.
Topic: Arghhh...Received Getty Letter (Read 5336 times)