Still insisting

[EMT2BSN]

Hi all,

Thanks for this forum. It's been a great source of information. I'm in a position where Getty is demanding $262 for an image from 3 years ago (I've removed it ) and have now forwarded it to the settlement people. I have quoted Davis vs. Gap and provided several similar images. They are not phased and claim no reduction in the fee is possible.

Their most recent response is:
I understand your point, but my point is that while you may not have used the image if you were aware of the cost of the license, the image was used and we can only settle for what the routine licensing fee if for this exact image, the very same as my client's paying customers.  If there was a way for me to ease the burden of payment for you I would but I do not have any latitude to do so.

Any suggestions from this point?

TIA!

TG

[icepick]

If it is already past or close to 3 years since the infringement you may have a statute of limitations defense. If applicable, that could make all their huffing and puffing meaningless.

[EMT2BSN]

No, it was on a blog post that was still on my site. So I posted it 3 years ago but it was still on there.

[Robert Krausankas (BuddhaPi)]

statute of limitations is 3 yrs from when they ( Getty) first contacts you... if the are trying to collect 300.00, it's highly doubtful they will file suit, as it would cost them more than that to simply file.. and since they are demanding so little, they have basically set the price of the image..they would probably lose in court, while pissing off a judge.

[EMT2BSN]

So just stall? Ignore them? They just contacted me so nowhere near the 3 year mark...

[icepick]

You either do the dance and see who budges first, or you pay it off and move on with your life. Hell for that small amount I would offer half and present it as saving them the court filing fee just to be done with it. Until they change the laws, copyright still is strict liability which is why the trolls are out in full force.

[Matthew Chan]

The trolls are out in force because many people are legally ignorant and easily intimidated. Quite frankly, the Getty issue is old news. The fact that their demands are now so low, it is hardly worth the time to discuss it. Pay it, don't pay it, the risk is very low.

Until they change the laws, copyright still is strict liability which is why the trolls are out in full force.