Oscar,
I received a "demand" letter dated May 14, 2009 distributed by GettyImages from a client of mine for $1,000 ($900 if paid within a few weeks). I took the images off the page, contacted GettyImages (with many calls to get Chloe live) and eventually talked to a Enjoy Santos.
Approximately nine (9) years ago, a good friend and client of a transportation company asked our small company to design a web page. I had contacted several stock photography companies, and asked for prices. The costs for the images I wanted to use were in the $500 area per/image per year. My client rejected all images in that price range or an annual cost of renewal, and we instead used Royalty-Free Images from purchased CD's, and/or companies that I had contacted directly and asked the cost for a "postage stamp" size of an image for a web page. I do not remember all the 'stock photography' businesses I contacted, but was given the "ok" to use a very small image from the section called "Royalty-Free." The images were used to create a small banner at the top of the page, and remained unchanged for the past 9 years.
I read through the demand letter, tried calling the number many times (phone went straight to voice mail with a 2 day delay for a response on the machine). I finally got through to Chloe and tranfered to Mr. Enjay Santos. I was unaware that this was a scheme, and talked him. He wrote a reply and stated GettyOne was a collection of companies at the time we were given access to use the images (I still do not know if they came from GettyOne or not).
I replied that since their were a unknown number of stock photography businesses, a "error proof" method could not be established that the images came from GettyImages/GettyOne or the terms in which an image could have been distributed through different stock photography vendors. In fact, Mr. Santos did not know that GettyOne was the former name of the company, and mentioned he had not been with the company very long. I also stated that the letter was a "demand" where no offer/acceptance took place between GettyOne that established any photos from their company were mutually exclusive, and the images were used by permission from the source of origin at the time the sight was designed.
He wrote back and basically said, he did not care where the images came from, and would not address that the images based on his own admission were distributed by multiple vendors, GettyImages would continue to "demand" payment as long as we were unable to produce licence for the image directly from them. The president of the transportation company said he had considered paying the $900 (reduced from a $1,000 from the first letter - just as you describe) than go through litigation. I found your site, and talked with him immedatly, and forwarded your URL.
The letter has strained our 21 year company relationship with our client. We created the web site/brand for about $800.00 nine years ago. If they pay the bill, they said I might be financially responsible for pursue me for damages.
The letter has caused a great deal of tension. We were to meet on a new web project with the same company next week.
What should we do?
TJ
Topic: need direction please (Read 9705 times)