Getty extortion letter. Picking peoples brains

[Angry Welshman]

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?

[Angry Welshman]

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.

[Angry Welshman]

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

Thanks all

[Couch_Potato]

Laugh and hang up.

[nedmundo]

I have a sneaking suspicion that Getty have sold the 'debt' onto Atradius as when I got my phonecall, they hadn't a clue what was written in previous correspondence with Getty and was interested either.

[stinger]

What debt?  A claim is NOT a debt.

[nedmundo]

I know that and you know that, but you can't sell a 'claim' on

[Angry Welshman]

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.

[Angry Welshman]

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.

[Angry Welshman]

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 

[Mulligan]

Good job replying to the atradius goon.

Put it in writing and don't call me again, $!#^%$#. I'm not byteing on your baloney, bud!

[codeman]

As Attradius are a member of the Credit Services Association they have to comply with the CSA code of practice.

A quick look at the code of practice turns up this paragraph which may be of interest, I have highlighted the phrase of interest.


1.   Key Requirements
        Every member shall
.
.
s: make contact at reasonable times and at reasonable intervals,
   taking into consideration the reasonable wishes of the debtor,
   which may include the preferred method of communication. Where
   possible, make debtors aware of business opening times and
   highlight contact periods
.
.