Well, I put together a website for my mother for her business, and I used a free web template that I found on the net. I found an image to use to describe her services that she offers on google images search, and there was no copyright on the image, and nor was it removed off the GettyImages website. This was over 2 years ago, and then about a month ago she got a letter from GettyImages advising her that she was using one of their images and asking for over $700 for a settlement. My mother's business is very small, and she is over 60 years old, so she was really worried about a lawsuit over this issue. I read hours and hours about people having the same issue that she was having, and wondered why the US government hasn't stepped in protected people from this bullying that GettyImages was doing. They are just a big bully in a school, and they just want to get every kids lunch money. This made me very upset that this company would do this to my mother. I got this image off public domain, and there was no copyright notice on or around the image. As soon as we got the notice of settlement... I removed the image off her website. There was no wrong intent on my part regarding their copyright of the image that they claim to have on the image, but in the 2 letters that I have received from them they still have not provide the copyright number to me to prove that they own the copyright to that image. All the blogs that I have read on this issue, none of them say that GettyImages has taken them to court over the issue. It makes sense though, if the school bully demands your lunch money... He isn't going to then take you to the principles office to explain his case to them. Even the bully knows they will lose if they fight, so they posture and make threats to beat you to a pulp.We replied with the below letter to their settlement demand letter.
June 21, 2011
Getty Images
601 North 34th Street
Seattle, Washington 98103
Re: Alleged Unauthorized Use of Getty Images’ Photograph
Reference Number xxxxx – xxxx
Dear Madam or Sir:
I am in receipt of your unsigned letter dated June 9, 2011 claiming that I am using an image represented by your company in an unlawful manner. For the reasons that follow, I respectfully decline to pay your settlement demand for the use of this image.
The image that you sent to me did formerly appear on a small private website that I maintained for my small business in Seattle, Washington. The history is as follows: My son was and remains the webmaster for my site. As a birthday present for me in March, 2008, he put together the site and attached the picture which he obtained by doing a Google image search. I have spoken to my son and there was no indication on the image that there was a copyright notice affixed which would have put us on notice that the image was not in the public domain.
In fact, amidst all the documents that you sent to me, I did not see any indication that Getty Images holds the copyright for the image- only that the image was taken by a photographer, Mr. Martin Poole, and the usage is for “Web – Corporate or promotional site” and that “This image is available for commercial use.” There is no record that Getty Images bought the picture from Mr. Poole or otherwise obtained a copyright on the image in a lawful manner.
You should be aware that my son received no compensation for the design of the website and I have received no financial gain from the website nor have I permitted anyone else to use the images on the site. Although my son and I admit no wrong doing whatsoever in the temporary inclusion of the image on my website, when we received your letter, we immediately took the image off my site. This can be verified and there is no plan to continue the use of the image at all on the website.
I do not see any basis for demanding money from me for the short-term use of this image. I do not have a “legal department” and I do not have any lawyers working for me on retainer. However, if I have to seek an attorney to defend myself from your unwarranted action, I will do so and do so vigorously. I anticipate that a jury in Seattle, Washington will fully exonerate me. If so, I will seek recoupment of all legal fees paid by me to deter you and others from these predatory practices.
Sincerely,
We did get a reply from the company that basically said:
Dear xxxxx,
Thank you for your letter. The image at issue in this settlement is a Rights Managed (RM) image, exclusively available for license through Getty Images and would have required the appropriate licensing prior to its use on your website. Getty Images has been unable to find the necessary licenses for this use.
With respect to your comments concerning Google , your ability to view content via Google searches does not mean that you have the permission to use any content that you find via Google searches. If you obtained other image content via this method, you may want to remove it from the website as well. Whether or not you were aware that a license was required, the image was used without the appropriate fees having been paid for that use. As you know, copyright infringement can occur regardless of knowledge or intent.
Absent the appropriate licenses surrounding the specific use of the image in question - the settlement amount of $XXX.XX as presented, represents what Getty Images would expect to receive in matter such as this for the unauthorized use of our represented photographer's image. Please understand that, as exclusive licensor of the image in question, Getty Images is seeking compensation for the unauthorized usage of our represented photographers work. Getty Images' responsibility to its represented photographers is not only appropriately licensed the use of their images to its customers, but to also protect its represented photographer's intellectual property from unauthorized use and to maintain the exclusive availability of the image through Getty Images. Getty Images needs to recover the lost licensing fees along with its substantial costs of enforcement (Actual Damages). Had the infringement not occurred, Getty Images would not have had to deploy the addition resources need to pursue this matter with respect to the infringing website.
After careful consideration, Getty Images is willing to accept $XXX.XX as full and final settlement of the demand that was recently presented to XXX (company Name excluded). This offer is made conditionally and it will automatically be withdrawn if full payment is not postmarked by 08/12/2011. The terms of this settlement shall be kept confidential, except as may be required by law. Getty Images expressly reserves the rights and remedies available under copyright law.
I appreciate your time and attention to this matter. Please get back with me and with your intentions, or with any further questions you may have, so that we may resolve this issue quickly and as amicably as possible.
Sincerely,
In all the blogs that I have read about this issue, I didn't read one that said that they were sued by GettyImages. There were lots that gave into their demands, but most say to reply politely saying that you had no wrong intention and refuse to pay their settlement demands. This is the route that I have advised my mother to go in regarding this issue. If it comes to it, then I will fight right back with my last breath. The proper way to advise a person / company of a copyright infringement is to send them a cease & desist letter, and they do not even do that. There was no reason for my mother or I to know that image was copyrighted, and so they cannot demand us to pay money out of our pocket unless we had the wrong intent, or unless we refused to accept the cease & desist letter. I also read that this is their practice, and I have even read that some even say that GettyImages will design free templates with copyrighted images in the template to entrap people into paying their settlement demand. I am not accusing them of doing this, but just advising others of what I have read about others postings in blogs about the terrible practices of this predatory company, or as I like to call them.... "The Big School Bully".
Sorry for rambling, but this upset me so much because it was my mother involved. That is one thing that I am very protective on, and that is family. I am going to draft a letter responding to their recent one, and I will let you know how that goes.[/b]
Topic: Do not pay GettyImages - The BIG Bully! (Read 7724 times)