Is Getty in violation of MY copyright?

[soltek]

Hello all, I too have recently received an email letter from Getty, and have just started the process. Thank you for providing me with a wealth of info through your discussions in this forum. My question is this...
Did Getty Images violate any rights I have by capturing a screen shot from my site when I have the words, "Copyright © 2008 RenaissArt. All Rights Reserved." at the bottom of my website?

[Oscar Michelen]

No, it was not making an infringing commercial use of it, it was copying it to show you that it contained their image on it. That would be a permissible use

[soltek]

Mr Michelen,
Thank you very much for your response.
However, could it be argued successfully that by not adequately protecting their images by placing a watermark on them, and by instead aggressively pursuing unknowing infringers with exorbitant fines, that Getty Images is not just protecting it's copyrighted images, but is instead utilizing the situation as a lucrative revenue stream. And couldn't their reliance on that revenue be construed as a commercial use? While they are not selling or marketing anything with relation to the screen captures, they are certainly using them to make money.

[Oscar Michelen]

This "creative" approach has been put out there before and the main point you need to recall is that the law does not require Getty to watermark, or put a copyright notice on it.  The law USED to be that way but it was changed many, many years ago.So there is nothing illegal about what Getty is doing unfortunately and showing you (and just you) a captured screen image of your site is not a commercial use.