Hi there,
I received a letty from Gettys early in November 2008 demanding nearly $3000 for two partial images (included GST). These images were in my headers created by Storesonline for my websites. There are no watermarks that I can see. I immediately shut down my sites as they weren't making any money anyway. I was conned into going with Storesonline as a very novice internet user and don't intend to pay money for images that they put on the two headers when they created the header images. According to them the headers are owned by me and I own the copyright. Who knows? I contacted the business help line and explained the situation. They told me to ignore the demand . I had read all the posts here and explained this to them as well so they suggested it was a scam. Does anyone have any suggestions. I'm anticipating the next letter from Getty soon.

Check out the forum from the link in my second post it should give you all the background you need

Cheers
Angus

I have a client who unbeknown to her used two Getty images on her website. She received these images (thumbnails) years ago in an email from a friend. On receiving the letter of demand, the images were removed immediately. She then contacted Gettys (Australia) by telephone and was that told there wasn't much they could do for her. She then wrote to Gettys (US) pleading her case. Advising she received the images as an attachment from an associate and was unaware that they were copywrited images. She advised she removed the offending images. She said that she was running a small business from home and begged for forgiveness. She was (to my suprise after reading hundreds of posts on the subject) let off with a warning.

That is very suprising considering the usual response from them! Wonder what their reaction would be if everyone pleaded the same case as this lady and said they received the images via email.

Getty images are watermarked and they have the technology to hunt them all down pretty easily if they want too.

And no the water mark is digital and you can not actually see it.

So what should I do? Sit back and wait for them to contact me again or should I also write to them pleading my case. What are the rest of you who have received demands doing?

I would suggest being a little more proactive and "beg forgiveness", they may let it go if you had no idea and the images were supplied by someone else.

If you read their letter it essentially says they don't care how you came to get the image

On legal advice we are doing nothing

I'd like to hear how it goes, if that's not too intrusive.

Hi there,
Thought you might like to go to this site and read about extortion letters if you haven't already done so.

http://www.extortionletterinfo.com/

Hi there,
I saw a solicitor yesterday mainly to put my mind at ease and to see where we in Australia stand in regard to Gettys.
Firstly there are so many levels to go through before it goes to court.
eg
Under what jurisdiction does would this issue come, US law? Australian? Australian State? etc.

As mentioned before in this thread , they need to prove sole ownership

They CANNOT issue a fine, only the courts can. So DONT pay the extortion price.

The cost of them taking anyone to court would outweigh the amount they are asking for in most cases as they seem to be targeting people like us who perhaps can be easily intimidated.

Imagine how much they have got from just a small percentage of people who have paid up.

I was also advised to contact Consumer Affairs
If we all do it it could become a more public issue.

So ring on
82049777 (SAust0 or find your state numnber

Also contact IP AUSTRALIA
on 1300 651 010
www.ipaustralia.gov.au

We need to fight this and not let them keep on intimidating people.


This is a very interesting read

www.fsb.orguk/discuss/forum_posts.asp?TID=1106

....Its from the Uk but could be relevant here., especially the piece about Section 97. Copyright, Designs and patents Act 1988
and all other points mentioned in various forums and threads are all saying the same thing.

I intend to find out more about our laws in the next few days. I would be interested to hear if any of you have further info.

As an update

They rang me when I wasn't here about a month ago and nothing since

Good info and links Scout - the key is that there is no record of them taking anyone to court in any country that I have found

Angus

Just on the topic of photos on websites, here's a cool site that you might find interesting http://www.tineye.com

One thing I forget to mention, my solicitor said everything has to be in writing, so if you get a phone call, tell them that, and refuse to discuss the matter. Hang up.

i found this very interesting site concerning copyright in Australia


http://www.ag.gov.au/www/agd/agd.nsf...s_on_Copyright

click on copyright infringement notice scheme

says that only an appointed officer by the court can deliver fines as suggested previously in this thread

Certaily not Getty Images, and that would happen after the matter has been taken to court.