Letter received from Getty 16-08-2013 - orphan works?

[squid]

Got letter from Getty.
Image from google search - £892
Size of image no bigger than postage stamp
15kb
Was just on test site.
Image had no metadata and no watermark.

Anyway is this Enterprise and Regulatory Reform Act now live?

If it is my take on it is if you get an image with no meta data or watermark then it is classed as orphan work.

If getty can prove they are the rightful and soul owner to the copyright then I have to pay them the market value.

Image in question is just a group of people nothing special. So I go to fotolia (where i normally get images from) and select ten similar images - average cost out and it about £1.

So now I offer Getty images £1 -

What do you think?

[Robert Krausankas (BuddhaPi)]

They will simply refuse your offer, and persist in attempting to collect from you.

[Couch_Potato]

As I understand it the Enterprise and Regulatory Reform Act won't help you because before using an orphan work you must show that you performed a diligent search to find the copyright holder.

Unless you can documented proof it wouldn't help you.

[squid]

I got fed up with their letters. In the end I did now even read them just binned them. Nothing happened. Not heard from them in a long while, oh well.