Received Getty Images Letter this morning

[pgosling]

Hi

I am in the UK and received this letter this morning.

The images on my website for computer repairs were all downloaded from what I believed to be FREE STOCK PHOTO sites which allowed the use of the photos.

What do I do?

It is for 1 photo and the want £972.

I am scared out of my mind!

Any help appreciated.

[Oscar Michelen]

Thanks for the post. In the UK you don't have to pay damages in cases of innnocent infringement which makes your case easier to resolve than those here in the US. I suggest you read the FSB Forum summary post.  A link is on our homepage.  That is a comprehensive UK forum on the Getty issue.

[mellow6]

So if I innocently used the images I have a defence of S97?  

If that is the case why do getty say in their settlement letter it is irrelevant if I did not know anything about the infringement? Are they just trying it on?

[Oscar Michelen]

It is irrelevant as to liability (fault) it is not irrelevant as to damages.  Here is the relevant section of the UK's Copyright Act.

97 Provisions as to damages in infringement action.

(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.

Seems simple enough doesn't it?

[mellow6]

Yes, so if I get taken to court I can rely on S97 confidently?

[Oscar Michelen]

I am not a lawyer in the UK. Contact one with IP experience that has a free consultation and ask them how strong that provision has been held up in court