First letter received today

[Born Lippy]

Hi all,

Firstly, thank God I have found this forum.  Someone I did a website for last year has received a letter from Getty saying they owe Getty over £1300 for a tiny image on the sites homepage.  They got in touch with me and I admit I panicked!  I got on the phone to Getty and explained that it I'd got the image from a site claiming that the images where copyright free... It was a genuine mistake.

The woman said she could reduce the fee by 30% and when I explained that we still couldn't afford the fee she wanted proof the business accounts to see how much we can pay. I also got a lecture on how I wasn't allowed to take images from the internet and used them where and whenever I wanted

I've just drafted a letter to Getty saying that the image has been removed from the site/web server and computers and that it was used without the intention of defrauding anyone.  I've ended by saying I feel the fee is unreasonable given the size of the image plus the very low visitor rate the site receives and I hope that as a good will gesture Getty will close the matter.

I have a feeling they won't.

I've warned the owner of the site that they may get more letters and even a phone call - if the call my advice to them has been to let Getty know that a response via letter is on it's way say goodbye and hang up.

I understand that Getty have to police the web for people nicking images, but surely they can just let the owner of the site know that an image is being used without authorisation and that they either remove it or pay for a licence. If they continue to use the image or are found to have used more in the future then by all means get heavy handed - but why not fire a warning shot!

I'll keep you posted on what happens.

[stinger]

Before you send that letter, I would suggest you spend some time reading through this forum.  After all, the letter doesn't need to go out today, or even this week.  There is a lot of information that will give you a much better feel about who your adversary is, before you respond.

You will also find some great ideas of things to include in your letter, and you will have a more realistic outlook on what their next steps will be.

[Born Lippy]

Thanks Stinger...

I've spent the best part of the day going through this site which has given me a lot of confidence and calmed me down quite a bit... So thank you to everyone - I feel like I'm not alone in this which is a big help!

I've based my letter on the one Gregory Troy wrote to his first Getty letter.  http://www.scribd.com/doc/103914485/1-1-letter-to-getty-04-01-12-redacted.  I'm going to leave it for a couple of days and then go back to it. 

[Born Lippy]

Hi,

The client I did the website for didn't hear from Getty for a while (and in the meantime they have gone out of business. The website is still live however).

Then today they got an email from Atradius Collections - not a letter... See below

Dear Sir / Madam,

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

Should I just ignore this?

Thanks

[Angry Welshman]

same standard Email I recieved.

[stinger]

I am not really an expert on Euro-law, but it seems like, if the company is out of business, there really isn't anyone to pursue.  Are there any Euro solicitors out there who can comment on this idea?

[Born Lippy]

Just got a phone call - went to voice mail which was ignored...