Messages

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Getty Images Letter Forum / Re: Final Demand from McCormack

« on: October 27, 2010, 03:29:05 PM »

Thank you for your response, Mathew. I have been working on a data base in order to collect useful information. However, I once came across a Canadian court case which seems to have set a precident with respect to image copyrite. I think it was a food company vs a non-profit organization, with a judge presiding who had a French name? Do you recall that case?

Do you think there is any merit to me following up the fact that GETTY downloaded my own images without my permission, or would that constitute a counter suit? When I mentioned that to McCormack, they chose to ignore the fact.

It's difficult for me to imagine how an individual like myself, who is not a trained lawyer, could intimidate a law firm like McCormack? I'm not even sure if it's a good idea to respond to their last letter, especially since they seem to intent on an unreasonably high settlement. Also, because I don't feel I've done anything wrong I refuse to settle, since any mediation on my part would be an admission of guilt.

Gordon.

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Getty Images Letter Forum / Final Demand from McCormack - Canada

« on: October 26, 2010, 10:21:03 AM »

Hi, I've just found this forum and I hope it has not run it's course? I posted this reply at the end of another thread then realized the subject of a final demand might be new, perhaps the next phase in this stressful saga. Sorry to repeat myself.

I live in Canada and have had several letters and two phone calls from McCormack demanding $7,500.00 for five images which I purchased from a web hosting company called, 'Voda Host'. I assure you they are not form letters and the last letter was termed a final demand. My small company has been defunct for three years now and when I first received a letter from Getty, I immediately removed the entire website. The latest demand stated a deadline of October 22nd for a settlement, but I didn't receive the letter until after the deadline.

Every objection I have made concerning the demand has been ignored, including the fact that Getty downloaded my own images with the package of images they sent me as proof of my so called copyrite violation. Also, I asked for proof of their licence or ownership of the images and my request was ignored, as was the fact that I payed for the images from a web hosting company and did so in good faith. Apparently this is no defense.

Should McCormack wish to take me to court how will they do so in Canada? Since I live in a remote area, can I ask for a hearing at the nearest court to me. In that case it would cost Getty much more money for the hearing than they are demanding from me. Also, because I retire in a few months and will live on a small pension, I can't see how I can possible find the money Getty is demanding, nor can I see a judge agreeing to such demands for five tiny images.

I'm not sure how to proceed other than ignore their letters but the phone calls are more difficult to avoid. What will I do if I am summoned to appear in court and how will I be served? Can anyone advise me?

Thanks, Gordon.