Messages

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: November 14, 2013, 10:09:43 AM »

So just had another call from atradius (theyre persistant)

I said to them we're still waiting for the signed affidavits etc from getty, to which the rather snotty reply came
"well they're a large company, and you used the image without a license and there's the large amount of damages"

my reply was
"what large amount of damages? for a small amount of bytes? do me a favour, any further information you with to correspond with us, do it in paper thankyou"

and put the phone down 

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: October 17, 2013, 07:06:06 AM »

So a nice follow on email this morning

Good Afternoon,

With respect to your extensive list of requests, all information can be found on the correspondence already sent. If you would like to peruse the Getty website for the image in question for any other additional information, please proceed.

Pre-action protocols are being abided by, if this matter cannot be settled amicably, we will advise our client to pursue via legal action.

Regards,


Rebecca Allwood
Atradius Collections

3 Harbour Drive
Cardiff CF10 4WZ
United Kingdom
Tel. + 44  (0)  29 2082 4582
Fax.   + 44  (0) 29 2082 4508
Email: [email protected]


to which my reply was

"All further correspondence to be in writing thanks. As requested."

straight and to the point.

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UK Getty Images Letter Forum / Re: First letter received today

« on: October 17, 2013, 07:02:39 AM »

same standard Email I recieved.

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: October 10, 2013, 07:03:04 AM »

here's a copy of the email and my reply

Dr Mr _______

Please find attached a copy of the correspondence previously sent to your office by our client.

Our client claims that one of their images was used on your website without authorisation.

Our client’s images are encoded with a marker which is identifiable with their software. When their images are located the details are cross referenced against their database of clients and if there is not a match a letter is sent to the websites owner.

Our client’s letter clearly shows the image that was used on your company website.

If you had permission to use this image please supply evidence of this. If you do not have permission then you are liable for the costs as detailed in the letter and payment should be made immediately.

We look forward to hearing from you.
Rebecca Allwood
Atradius Collections



my reply is very similar to what I sent to getty themselves.

Hi Rebecca, Thankyou for your email. From now on we require all further correspondence in writing so we have hard copies thanks.
Before we proceed any further we will need the following provided from getty.

1. Proof of copyright exclusivity being given to Dorling Kindersley by Mike Millman (Redacted copy of contract acceptable) for image No -------.

2. Proof of copyright exclusivity being given to Getty Images by Dorling Kindersley (Redacted copy of contract acceptable) for image No------.

3. A signed affidavit from BOTH Dorling Kindersley and Mike Millman stating that the image has never been offered via any other locations, either free of charge or not.

4. A breakdown of the invoice showing how they came to the figure of £1000 and a VAT figure of £230.

Until getty provides ALL of the above (either directly or through yourselves) and prove they themselves legally own the copyright for the dates we are accused of, we shall consider the matter closed.

Thankyou.

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: October 09, 2013, 06:46:00 AM »

So it would now appear atradius are phoning us to chase. Anybody got any opinions on how I should handle this?

Thanks all

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UK Getty Images Letter Forum / Re: The Office of Fair Trading [OFT] Response re: Atradius

« on: September 24, 2013, 06:33:51 AM »

I would look carefully at the wording on this. You have not created a debt (therefore the reply from the oft about "debt" is irrelevant and I believe was only classed as such because of the op's wording to them). It is just an invoice which atradius can chase but can't really do anything else apart from bang the drums. Therefore they don't need a CCL (consumer credit license).

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: September 24, 2013, 06:21:34 AM »

well, I've now gotten my second letter from atradius,

this paragraph sums up the whole getty issue in itself  "you have been notified that unorthorised use of the image(s) constitutes copyright infringement under the copyright, Design and patents act of 1988. Copyright legislation provides for strict liability, meaning that you can be found liable for infringement regardless of your level of knowledge of the infringement or your intent."

So basically Getter like to blackmail. "you MAY be found liable" but pay us £1230 and you wont be. Such a nice company.

8

UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: September 19, 2013, 11:51:10 AM »

Well it looks like I hit a nerve with Getty, as they decided to forgo the usual back and forth due to us receiving a atradius letter demanding payment. 

So, Just ignore from now on then?

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: September 03, 2013, 05:41:04 AM »

So just a quick update regarding this. After poking around on DK images, it appears the image is also for sale on there 

Now I know the image on getty is labelled as "part of the DK collection". Surely that negates gettys claim of copyright, as the so called infringement would be with DK and not getty themselves?

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UK Getty Images Letter Forum / Re: three days to reply, considering copyrightinfringement.org.uk

« on: August 28, 2013, 03:20:56 AM »

first off, welcome

secondly, who is the letter from. Getty?

You will find you shouldn't need legal representation, as these letters that get sent out are designed to scare and intimidate but actually hold very little weight.

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UK Getty Images Letter Forum / Re: Letter recieved from gettyimages for image from DKimages

« on: August 21, 2013, 10:48:10 AM »

If the image is available on the DK website itself for purchase then Getty can't have exclusivity so couldn't claim for copyright infringement.

I personally would write to them in this case and inform them the image is available on the DK website and as such you doubt their claim to hold exclusivity on distributing the image and will enter into no further correspondence until such a time as they provide proof.

I also found that the pic I have supposedly infringed on was also available on DK (on getty it's listed as part of the dk collection) however since sending my letter off we're yet to hear anything. I'll use this though in case we get a follow up.

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: July 09, 2013, 08:23:20 AM »

Hey all,

Just an update letting people know I have decided to call out their "exclusivity of copyright" (a redacted version of course) and a few other pieces. Just waiting now for their response. I shall keep you all up to date when the usual auto response arrives.

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: July 02, 2013, 12:00:06 PM »

I'm not after a "copy and paste" solution. I was just after something to see how others have done and worded it to get an idea, and more importantly confidence. I argue with everyone, but I'm yet to argue with a "legal department" (I use the term loosely) 

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: July 02, 2013, 09:09:18 AM »

Thanks guys, at the moment all I'm trying to find now is a sample of a "getty reply letter" to get an idea of how to set it out etc.

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UK Getty Images Letter Forum / Re: Getty extortion letter. Picking peoples brains

« on: June 27, 2013, 11:41:53 AM »

I will admit, yes we did have the one pic on our website, however I do get the feeling that the "ask for proof of exclusive copyright" is the best route to go down, followed by ignore and just save all the other "discussion" point I have in case they play hard to get  . All sent via snail mail of course.

I have also filled in all the hm petitions etc I can find already stinger 
I've also come to the conclusion as well to work at my own pace and reply when I'm good and happy. They can dance to my tune rather then vis a ve.