Messages

1

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 19, 2013, 03:48:13 PM »

Great advice Mulligan... Thanks!

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Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 15, 2013, 09:42:22 AM »

You guys are right, he puts on his pants one leg at a time like everyone else. Greg, I like your strategy.... gives me food for thought on my next move.

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Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 14, 2013, 04:04:41 PM »

Thanks Mulligan and Greg. The “McCormick” hurdle could be a challenge on the nerves, when that day comes. I think the word “attorney” builds up a certain amount of anxiety. But with the knowledge I gathered from this forum (and the numerous postings on various websites on the Internet, ALL in agreement that this is extortion!), I’m ready to meet it head on. The more information I digest, the more I realize this is a big game of promoting fear to innocent users to pay up.

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Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 14, 2013, 09:06:09 AM »

LOL!! Thanks for the support and advice. It's going to be a long and interesting 3 years!

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Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 13, 2013, 12:46:44 PM »

Thanks Greg for the excellent advice! I will file complaints with the BBB, FTC, my Congressman and my Senator. I don’t appreciate the strong arm tactics Getty is doing, especially when it was an honest mistake. I have read several posting on this forum on individuals being unemployed, lost their homes, assets, and barely making it in general. And when they tell Getty Images of their situation, Getty have no sympathy at all. I know in the corporate world its all about money, but PR goes along way. There are numerous websites that images can be obtained for a reasonable price. I HOPE Getty is shooting themselves in the foot, and go crashing down. I want to be a part of that! At first when I received the demand letter , I was passive and truthfully, scared shitless!  Now, the more I think about it and the more I get involved, I get pissed off and want to put in my "two-cents" to stop their tactics.

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Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 13, 2013, 12:02:26 PM »

You read my mind Robert. I do intend to reply to them stating my Bankruptcy is public record, and will not supply any documents. If this is not sufficient, I can supply my documents in court. I strongly believe with my current Bankruptcy status and Court defined budget, will stand up in court for my defense for a reduction or dismissal. If anything, the court will drop it down to a $200 "slap on the wrist" payment, again because of my situation. Again, if it went to court.

 I did review Greg Troy’s response, good stuff!! He’s an animal!     Excellent advice, I will add filling a complaint with the AG if they continue to hound me.

Also, I enjoy your humor you inject on some of the postings. It help relieves the mental distress!

Thanks again Robert!

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Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 13, 2013, 10:27:00 AM »

Thanks Stinger, Robert and Mathew for your advice. Hell, your right, if they want further clarification of my situation, go view the supplied case number, its public record. Their implication that dissolution is required to cancel their demands really pissed me off. It made me want to supply something in my defense to ram down their throats. But your right, it they will not supply their proof, I will not either.  Go dig for it! I would also think because of my situation, trying to pursue it could be a legal nightmare for Getty. As stated, if it goes to court (which WE all doubt it would go to court), I will supply the documents at that time. As far as I’m concern, I will state my case, and call it a done deal. I can deal with their bullshit for 3 years!

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Getty Images Letter Forum / Received a Getty Demand Letter, part 2

« on: February 12, 2013, 04:09:24 PM »

Hello again ELI Community,

This is Steve, with a current update on my situation with Getty Images. Just to recap from my previous thread, I received the Getty extortion letter in November, replied back indicating I got the image from a template, I am in the middle of  bankruptcy 13 and I cannot afford to pay their demands of $840.00.  Well, I finally get a reply back from Getty Images,  indicating they want documented legal proof that my company was going through a bankruptcy “dissolution”. It is not a dissolution, or my company LLC being terminated. It’s a standard “re-build” bankruptcy 13 case, with myself being the sole owner. The bankruptcy was not meant to dissolve the company.

I printed hardcopies of my bankruptcy documents (just the documents sating the case, not personal or payment information), and plan on mailing the package to them via certified mail. After this, I feel it’s a done deal. If they want to pursue it further, they should realize payment is not possible, due to the courts having me on a defined and set budget. I do not have an extra $840 dollars to put in their pocket!

Any thoughts on my game plan? I hope I am not working myself into a corner by supplying them to much information on my status. Also, I made my payment contribution to the ELI website lifeline. I would not know what to do without the assistance of this website and valuable contributors!

Thanks for your help!

Steve2012

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Getty Images Letter Forum / Re: Received a Getty Demand Letter!

« on: December 20, 2012, 04:22:32 PM »

Thank you Oscar and Robert for your informative feedback! With your advice and insight, I finally was able to draft up a letter to mail to Getty Images, and hoped for a review from the forum's “Gurus” before I mail it. Shown below is my draft letter.

---- START OF LETTER ----
December 20, 2012

Copyright Compliance Team
Getty Images Inc.
PO Box 84434
Seattle, WA 98124-5734

[My Name]
Getty Case Number: [My case number]

To Whom It May Concern:

I received your letter dated November 20, 2012 with respect to the use of an image that is alleged to be copyright by Getty Images.

The image in question has been removed from the site immediately upon receiving the letter, even though it was not clear in the letter that you are the actual copyright holder of the image.

I am currently in Chapter 13 bankruptcy proceedings, [Plan XX-12345 XXX]. For your verification, this is public record with the United States Bankruptcy Court, for the District of [State].
I hope you find my current status and the removal of said image is suitable to close this matter prior to both parties investing more time and resources.

Sincerely,

[MY_FULL_NAME]

[MY_COMPANY]
[MY_COMPANY_ADDRESS]
[MY_COMPANY_PHONE_NUMBER]
[MY_COMPANY _EMAIL_ADDRESS]

---- END OF LETTER ----

I thought with the Bankruptcy statement, to keep the letter short and to the point. Hopefully they will make note that this case is not worth pursuing, assuming that I am “rotten” low-hanging fruit!

Again, any feed back is appreciated.  Thank you!!!

My donation is on the way!

Steve

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Getty Images Letter Forum / Re: Received a Getty Demand Letter!

« on: December 06, 2012, 09:42:41 PM »

Thank you Robert and Stinger. Shit do happen, and what I do from this point on is what counts. Robert, I am definitely going to write that letter stating my situation. The bankruptcy is public record. Once they confirm it, they should move on. Thanks again for the outstanding advice! I will keep you posted on the results.

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Getty Images Letter Forum / Re: Received a Getty Demand Letter!

« on: December 05, 2012, 11:32:14 PM »

Thanks everyone for your replies, I’m embarrassed about my Bankruptcy (been through some tough times), but I never thought it would be of benefit for this. But your replies make sense. It would be more of a headache and non-profitable for them to pursue, hopefully!

Regarding the CD, I still have it, purchased around  the late 1998's. It is the Digital Vision Collection CD, with a variety of different photo categories, such as business, medical, landscapes,… At the time, I remembered reading the terms at purchase, and using the photos for graphic work was okay. Well, I re-read it today and it does indicate using the photos for graphic work was okay, as long it was internal work. BUT at the end of the terms and agreement, it also states for external use, I need to purchase the separate CD’s per individual category.  I did purchase the “Business” CD, primary for the extra photos, not realizing it was a legal requirement. But I used several landscapes photos from the Collection CD. Crap, what an idiot! I need to switch out those images! Off hand I have two sites affected, but that’s two sites to many!

Now that I think about it further, I am going to remove any Getty Images from all of my sites, regardless if they are legal or not! I don’t want to have any support for them! Thanks for pointing me in this direction. You guys are a lifesaver!! I will rest better knowing this is under some control.

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Getty Images Letter Forum / Received a Getty Demand Letter!

« on: December 05, 2012, 04:06:45 PM »

First, thank you for all of the information on this website and in this forum. This site has been helpful in me trying to get a handle on this, figure out what to do, and eventually calm down my nerves! I’m not a big drinker, but several stiff drinks right now sounds good!!

I just received the letter from Getty Images November 23, 2012 (dated November 20, 2012) on a single image copyright infringement on my website. I’m a web designer by trade, and receiving this letter freaked me out! I thought I was so careful on my usage of images and photos. The image in question was of a golden graphic image of a globe with cloudy sky. I used it as a small background photo with a blue graphic of a man in front of it showing a thumbs up. I recently re-designed my website and dug up this image on some reference photo files that I had archived. I could have made the image myself using Illustrator. The image used is about one-fourth the actual size (per their original), and was partially covered up with the blue man! I don’t even remember getting the image, definitely not from Getty Images. I never been on their site (until now to view the image), they are too expensive. It had to be from a template or a graphic site. And no reference to a copyright to Getty Images so I was completely unaware of any copyright infringement that occurred.

So first thing was major panic, I had the shakes it scared me so bad! Finally I told my wife, who also panicked and told me to call her legal aid services that she pays a monthly service through her job. I decided to do a online search first on the Getty Letter, and thank god I eventually found your website. After spending a week of thoroughly combing this site, I decided to contact this forum first, thus this write up. I wanted to get some information/advice from this site before I made the call. I’m assuming I would be talking to a paralegal that’s not familiar with this Getty nightmare, so it maybe a waste of my time.

I immediately removed the image from my website and server. Getty is  demanding an $840 damages fee. This is insane! I am in the middle of a Bankruptcy 13, and I cannot afford to pay that! I notified them that the image was removed, I and believe the image was from an online template, and I was not aware that the image was your copyright property, and nothing else. I hope I did not screw up saying this. I wanted to be cautious on what I say and do.

Per the suggestions on your site, I did a search for comparable images, and I found a similar one for $3.00 at Crystal Graphics.
I understand that I have three options with this mess:
1.   Pay them their outlandish payment.
2.   Fight it!
3.   Go for Oscar’s defense letter program.

I think I want to fight this! This is bull! I think I can handle the harassment calls and letters for three years. If it gets too hot for me to handle, I will sign up with Oscar’s defense letter program.

I do have a few questions –
Years ago I purchased the Digital Vision photo CD, and used several of the images for various websites. After researching Getty Images, they now own Digital Vision. Are the images I used in the pass could be part of their copyright infringement?
And I also have an image on my website that I used from this same Digital Vision CD. The Getty Image “probe” picked up on the one image, but not on the other image. Will it make another pass or is the second image excluded from the copyright infringement? I’m getting paranoid!!!

Thanks’ for your help, and sorry for the long thread!

Steve2012