Messages

1

Getty Images Letter Forum / Re: Surprise! I got a letter today...

« on: November 29, 2010, 02:18:45 PM »

Oscar, what do you think is the deciding factor for Getty to pursue or not to pursue in UK?
Do you think a defence of S97 Copyright Act is why Getty are reluctant to sue? If I were to be taken to court that is the defence that I would put forward but before I do so, do you or anyone out there ( provided he/she doesn't work for Getty)  know if this is a cast iron defence for an innocent infringer?

2

UK Getty Images Letter Forum / Re: Need Help in the UK.

« on: November 29, 2010, 02:05:45 PM »

Hey OM, Have you any updates for us? I'm in UK and received a letter in mid October 2010.  21 days have gone and it's all gone quiet. The entire website is offline. The claim is for 2 images, one of which was removed months before the first letter was received. Do you know if anyone has recently been taken to court in UK?

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Getty Images Letter Forum / Re: Got my letter need advice

« on: November 07, 2010, 02:08:57 PM »

I agree but in UK there is hardly anyone willing to do what OM is doing. I wish we had our an OM here in UK!  In the absenc of OM here I thought if I get another letter I'd send it to them. I would pay OM for it - I would not just steal it! I never had an intention to steal any of the 2 images they are claiming for. I relied on the expertise of my webdesigner who has conveniently gone awol and left the mess at my door. I am an innocent infringer so I guess if they came for me I'd refer to the wording of S97 in the defence part of the summons. One other thing - one of the two images they are claiming for was actually removed several months before I got their first letter! Why didn't they tell me about this then? Why have they not served me with a cease and desist letter before asking for a settlement? Have read that contacting them is pointless and they would eventually make you cave in or panic. Should I acknowledge receipt of their second letter when I get it? If I ignore it would one say I was being flagrant even though images and the website are down?

4

Getty Images Letter Forum / Re: Got my letter need advice

« on: November 07, 2010, 08:11:54 AM »

Dear OM,  In return for a fee would it be possible to let me have a draft of your letter so that I can tailor it to my situation? It just feels so barren the lack of help here in UK. I read that you offered this to some Australian person. Did he use it to send to them?  Thanks

5

Getty Images Letter Forum / Re: Received Getty Images Letter this morning

« on: November 07, 2010, 07:54:21 AM »

Yes, so if I get taken to court I can rely on S97 confidently?

6

UK Getty Images Letter Forum / Re: Lime One Ltd. Represents 300 U.K. Clients Against Getty Images

« on: November 07, 2010, 07:52:19 AM »

This is what I mean! They just don't open their arms to help us. I don't even mind paying!

7

UK Getty Images Letter Forum / Re: Need Help in the UK.

« on: November 07, 2010, 07:50:39 AM »

So are we doomed here in the UK if no one is out there to help us?

8

Getty Images Letter Forum / Re: knee-jerk reaction and responded to Getty Images

« on: November 07, 2010, 07:30:27 AM »

I received the letter about a while back for £2,000 for  2 images . One of these was removed months before receiving letter.  No cease+ desist first, just pay up and stop using images. To make site look simple + uncluttered several months before I received the letter I had already asked designer to remove all images except one. All removed several months before receiving the letter except a few thumbnails which (apart from one) are not the subject matter of the letter.  I relied on web person's expertise and have no knowledge of copyright or webdesign etc. I was innocently using images and making no commercial gain. Web designer now cannot be located.  Why would they send me a letter now for this if one of the two images which are the subject matter of the letter had been removed ages ago?  Am in one man business struggling to make ends meet. Even thinking of closing down. If I do can they still chase me? If I close and don;t receive their letters can they still serve proceedings and enter judgement in default without my knowledge? (Feedback from any UK lawyers who can defend us for innocent infringement may also be useful here.) Have a .co.uk site. Based in UK. Some say don't contact them and some say write to them!  Can I employ your services  Oscar if  I think it drags on as I cannot get hold of anyone at limeone here. It's most frustrating. The media here does not take up the story for fear of 'reprisals' from getty as they use their photos. Government agencies don't really want to know and say it is a civil matter. Who is doing anything in the UK to protect us small businesses? Has the FSB done anything on behalf of us? I don't think so.....just conflicting advice on many forums and no real lead as to what is the normal process. People say they wont take anyone to court for less than 20 images so why did they take a haulage company to high  court in UK in 2009 for one small image for which they originally claimed £1900?  £20k costs settled out of court. Getty in its letter acknowledges that we may not have known of infringment so but that I am the end-user. They are taking advantage of our innocence and demanding payment.  Surely that cannot be just and equitable?  Does anyone else have any updates if UK based?

9

UK Getty Images Letter Forum / Re: Lime One Ltd. Represents 300 U.K. Clients Against Getty Images

« on: November 03, 2010, 02:53:55 PM »

Has anyone in UK had any recent dealings with Limeone?  What are the fees?

10

Getty Images Letter Forum / Re: Received Getty Images Letter this morning

« on: November 03, 2010, 02:47:59 PM »

So if I innocently used the images I have a defence of S97?  

If that is the case why do getty say in their settlement letter it is irrelevant if I did not know anything about the infringement? Are they just trying it on?

11

UK Getty Images Letter Forum / Are there any UK lawyers out there to stand up for our rights?

« on: November 03, 2010, 02:20:35 PM »

Are there any proactive UK lawyers out there who are prepared to stand up for our rights, even if we wanted to take out a class action against the bully getty? It would be interesting to know as there doesn't seem to be many UK lawyers who are prepared to protect us. There are quite a few defences for innocent infringers so i am surprised that we UK folk are sitting here worrying so much about this. It's almost like being bullied at school but where the bully here is a large corporation using dubious means to make people pay. I could understand if they sent out a letter before action ( I think it's called a cease and desist letter in US) but they have not done so and I have read that even when they have not sent such a letter and are questioned about this they lie and say that they have sent it!  Well, I never received a cease and desist letter! Their settlement demand even goes further to say  it is irrelevant if we have taken down the image/s! There you do... what does that tell us! They don't care if the innocent infringer takes down the images upon learning of the situation. They want to bully us into the ground. Something needs to be done about this and quickly.  I am not sure about what limeone are about.  Has anyone had any recent dealings with them? I dont just want to pay someone to send of a standard template letter on my behalf to getty in the hope of getting paid £200. I need to know what it is they will write and how they tackle getty for that would convince me more to want to use them. Does anyone have any experience with limeone? Has anyone just ignored getty for I understand from many that to ignore them is the best policy. Is that true? If we write to them then the just barrage us with more post, emails and letters. If we ingore them will they just go away?

12

UK Getty Images Letter Forum / Re: Getty file complaint in high court against JA Coles

« on: November 03, 2010, 02:09:05 PM »

Has anyone in UK been taken down by getty? Did u know getty used to keep a public payphone in his hallway for his visitors to use. Enough said!

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Getty Images Letter Forum / Re: Got my letter need advice

« on: November 03, 2010, 01:49:35 PM »

Dear OM

I am based in UK and got a settlement demand letter for almost £2K for 2 images for my business website. I never received a cease and desist letter either. I have read that getty have been lying about sending c+d letters and are arguing that they did in fact send them when they didn't.

I am a sole trader and business has been really bad so to contemplate paying this to getty images is quite painful. I am even considering closing down my business because of the stress of this horrible situation.

I never knew anything about website design and all the technicalities involved so I relied on the expertise of my webdesigner to deal with the situation. I've read that once payment is made to getty there is nothing to stop them asking for more money for other images even if they are no longer on the website. As soon as I received the letter I asked the webdesigner friend to do the needful and remove the images. The entire website was removed shortly.

Do you have some sort of guidance you can give me without the need to go to an IP lawyer who will charge about £200 per hour and in the end just say pay it and be done with it. I have read alot of posts and some friends are also telling me not to give in to the scam. What should I do? I have been told not to do anything until I receive a summons for that would indicate if getty were serious. If I contact some say I would just be drawing their attention to me. I have only heard of one case in UK being taken to court by gy over £1,900 but it was not in the County court but in the High Court. The defendant agreed to settle out of court and the costs agreed to be paid as part of the settlement were in the region of £20K. Do getty only go for big companies where they think they will actually have a chance of getting the money or is anyone aware of any court case in UK about this? Alot of people are talking about class action class action but no one is actually doing anything about it! Can someone take the reins and compile some sort of a list of people both in UK and in USA to start this class action?

If the business is closed down what do getty do? Do they carry on searching for the owner of the business?

How long after the first letter is the second letter usually sent out?

Jokes aside, if the debt collectors come round what should we say?

Has anyone got any of their own stories to tell from start to finish which may throw some light on how getty deal with the situation?

I feel like I am being bullied when I innocently had the images on my website. In UK a Letter Before Action must always be served before action is taken. I do not believe that a settlement demand letter is a letter before action because it is not asking us to stop using the images (which, by the way I did not even know were not allowed to be used).

Are there any people based in UK who have been on the receiving end of these getty letters? Please let us know what happened and over what period as this would help us deal with the situation. It's fear of the unknown that is so frustrating.

Has anyone actually been taken to court by getty in UK? Has anyone been asked not to discuss their case by getty if they have settled with them? I have not seen anyone writing about having been taken to court? why?

OM please can you also comment here.

Thanks

14

Getty Images Letter Forum / Re: settlement demand letter from Getty Image. What to do?

« on: November 03, 2010, 01:40:15 PM »

Dear OM

I am based in UK and got a settlement demand letter for almost £2K for 2 images for my business website.  I never received a cease and desist letter either.     I have read that getty have been lying about sending c+d letters and are arguing that they did in fact send them when they didn't.

I am a sole trader and business has been really bad so to contemplate paying this to getty images is quite painful. I am even considering closing down my business because of the stress of this horrible situation.    

I never knew anything about website design and all the technicalities involved so I relied on the expertise of my webdesigner to deal with the situation. I've read that once payment is made to getty there is nothing to stop them asking for more money for other images even if they are no longer on the website. As soon as I received the letter I asked the webdesigner friend to do the needful and remove the images. The entire website was removed shortly.

Do you have some sort of guidance you can give me without the need to go to an IP lawyer who will charge about £200 per hour and in the end just say pay it and be done with it.  I have read alot of posts and some friends are also telling me not to give in to the scam. What should I do?  I have been told not to do anything until I receive a summons for that would indicate if getty were serious. If I contact some say I would just be drawing their attention to me. I have only heard of one case in UK being taken to court by gy over £1,900  but it was not in the County court but in the High Court. The defendant agreed to settle out of court and the costs agreed to be paid as part of the settlement were in the region of £20K. Do getty only go for big companies where they think they will actually have a chance of getting the money or is anyone aware of any court case in UK about this? Alot of people are talking about class action class action but no one is actually doing anything about it! Can someone take the reins and compile some sort of a list of people both in UK and in USA to start this class action?

If the business is closed down what do getty do?  Do they carry on searching for the owner of the business?

How long after the first letter is the second letter usually sent out?

Jokes aside, if the debt collectors come round what should we say?

Has anyone got any of their own stories to tell from start to finish which may throw some light on how getty deal with the situation?

I feel like I am being bullied when I innocently had the images on my website.  In UK a Letter Before Action must always be served before action is taken. I do not believe that a settlement demand letter is a letter before action because it is not asking us to stop using the images (which, by the way I did not even know were not allowed to be used).

Are there any people based in UK who have been on the receiving end of these getty letters? Please let us know what happened and over what period as this would help us deal with the situation. It's fear of the unknown that is so frustrating.

Has anyone actually been taken to court by getty in UK? Has anyone been asked not to discuss their case by getty if they have settled with them? I have not seen anyone writing about having been taken to court? why?

OM please can you also comment here.

Thanks