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Getty Images Copyright Issue


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8 replies to this topic

#1 An Alien

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Posted 18 April 2011 - 09:26 PM

Please read/skim this How to avoid legal demands and trouble with Getty Images
and
The real cost of being sued by Getty | Copyright Action

to understand the horrible situation I'm in. It's the one where I used a 3rd party developer all the way in India to make my site and now Getty Images is demanding extremely large amount money for a couple of pictures which I never knew were there's.
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#2 Roger

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Posted 18 April 2011 - 10:50 PM

Did you already remove their images?

I would also contact the Indian company to see if they got permission.
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#3 Alexander

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Posted 19 April 2011 - 04:25 AM

There is nothing stating it has to, although it could simply be a cease and desist order stating the large sum of damages that must be paid if it is not removed. I would show it to somebody who understands a bit more of this in person.
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#4 An Alien

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Posted 19 April 2011 - 08:15 AM

Yes, I've removed images and the images I have now are bought from istockphoto with licenses. I wish it was cease and desist.

"...image was taken down immediately and I contacted Getty Images. They were not in the slightest bit sympathetic to my clients situation, and demanded payment even though the image was only on the site for a few weeks on an internal page."
Internet Issues SEO Web Links and Internet Madness: Getty Images are Trying to Getty Me!!!

Edit: The Indian guy isn't responding. And I would doubt that he would even has the license.
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#5 Roger

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Posted 19 April 2011 - 08:38 AM

I'm not a lawyer, but this is my thought process (if it happened to me)...

Were you actually served paper or something? Or did you get an email from someone? Until you're served, you don't really have to worry.

Do you also have the contact information of your outsource company? Proof of your "payment" to them (cancelled check, credit card, PayPal transaction ID)? Just make sure you can prove that it was not done by YOU!

The good thing is that you removed the images immediately after notification. In order to proceed to court, they'll have to prove damages.
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#6 An Alien

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Posted 19 April 2011 - 09:47 AM

I'm not a lawyer, but this is my thought process (if it happened to me)...

Were you actually served paper or something? Or did you get an email from someone? Until you're served, you don't really have to worry.

Do you also have the contact information of your outsource company? Proof of your "payment" to them (cancelled check, credit card, PayPal transaction ID)? Just make sure you can prove that it was not done by YOU!

The good thing is that you removed the images immediately after notification. In order to proceed to court, they'll have to prove damages.

Well, they notified me by sending screenshots of my website so they do have the evidence. And the website job was all done on the phone.

Edit: This is what they say:
Getty Images understands that a third-party designer may have been contracted to design and develop your company’s website. However, if no licenses from Getty Images exist, the liability of any infringement ultimately falls on the company (the end user) who hired that third-party.

I think this is so wrong. If they wanted to notify me that my site had their images illegally, why didn't they notify me as soon as I put them up? They waited years after their money piled up because I think there licenses are by how long you use them.
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#7 Alexander

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Posted 19 April 2011 - 12:35 PM

A legal notice of this stature generally requires the complaining party to certify under penalty of perjury that their copyright has been infringed. If they hadn't, ignore it.

If they had actually taken to court only a percentage of infringement cases, court costs could very well bankrupt part of them quickly, although it does not mean they will not in your case, just a speculation.

They could follow DCMA rights and take down your content, by sending (under penalty of perjury) copyright status and links to infringing content (not screenshots), they could remove their work. The fact they are not doing this, and instead asking you to pay a magical number, clearly shows they are not completely serious.

I am not a lawyer, I have seen cases online though for context.
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#8 Roger

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Posted 19 April 2011 - 01:18 PM

I agree with Alexander. Also, who exactly sent you the email? What was their email? Was it actually from Getty? Or was it from a "3rd party"?
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#9 An Alien

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Posted 19 April 2011 - 01:57 PM

On the letter they sent me through mail was from getty which had an email address on it so I contacted them letting them know that I have removed the images. And they replied so it is from Getty, not third party.

I'm going to try to negotiate the amount because I am a one man small business owner and there is no way I an pay that amount.
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