[Afreshup]

We got the extortion letter about one of our websites. They sent us a screen shot of the page and the photograph and demanded $3700 for the image.

We had the image as a part of an old WP template that we used many years ago. I quickly removed the image and sent them a letter saying that the image was removed and how it came to be on our site. I also told them that I would not be paying the $3700.

I got another letter with the screenshot and a threat to take me to court. So I fired off a letter of my own and sent it to their legal department.

It basically said, that during the course of your investigation YOU violated my site's TOS AND you took an unauthorized copy of my copyrighted work (in the screenshot). I told them that per my TOS that they would have to come to Atlanta to file their suit and I would file a counter claim for their theft of my intellectual property while trespassing on my website.

I also included an invoice for $3700 for them to pay them to pay ME for the property that they stole. I haven't heard from them in over a year.

[Reversal Magnet]

Got one from them about 5 years ago... I love how they just pull a number out of their rear and demand you to pay it to them. The second letter I received I wrote "Return to sender: Junk mail not accepted" on the envelope and sent it back.

Not sure if they got it but never heard from them again.

Wonder how much money they actually make from people that they "scare" into paying them illegally...

[Graham]

We had a run-in with getty once about this same issue; not knowing what to do, we contacted a solicitor who specializes in it. It cost about £300, but the sorted it all out, never heard another word from Getty. They can be contacted through gettyletter.co.uk

[kaizen]

Another Getty story:

I received a notification from Zazzle that they were removing a few of my products, because they featured artwork belonging to GettyImages. (Albert Einstein likeness)

I had paid to use these images from clipart.com, which is a division of Getty Images, so I sent off an email to that effect to Zazzle, who refused to return my products with these images to their marketplace.

I also emailed GettyImages regarding the situation and never received a reply.

It simply wasn't worth the time and effort to persue the matter, as I had only made about a hundred dollars from the products in question.

[JoyUnltd]

Originally Posted by kaizen

Another Getty story:

I received a notification from Zazzle that they were removing a few of my products, because they featured artwork belonging to GettyImages. (Albert Einstein likeness)

I had paid to use these images from clipart.com, which is a division of Getty Images, so I sent off an email to that effect to Zazzle, who refused to return my products with these images to their marketplace.

I also emailed GettyImages regarding the situation and never received a reply.

It simply wasn't worth the time and effort to persue the matter, as I had only made about a hundred dollars from the products in question.

This is from Clipart.com's licensing agreement:

E. Permitted Uses. You may, subject to Section 1(F) below:

3. Use the Image(s) on product packaging or in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), except in computer software and electronic video and computer games, which require a separate license (see Section F(IX) below), provided such use is not intended to allow the re-distribution, re-use of the Image(s) or access to the Image(s) apart from a product or service apart from a product or service.

(My emphasis on consumer merchandise). Evidently, they're not familiar with their own licensing terms.

[hummas]

Followup:

I wrote Getty(in Sep 2011) and asked them if CNN or ESPN had a third party banner running on one of their pages, that contained a "stolen Getty Image" then would they go after CNN or ESPN - or after the creator of the banner. There response was just pay the money you owe, no direct response to this question. Have not heard from them since...

[MariaFrolova]

They gave up on you.

[lara-quade]

I too have had a couple of letters from them demanding payment. I did a bit of nosing around to see what the general word was, and came across a solicitor who specialises in copyright law. He told me he could take care of it (as I feel a lot better having a pro deal with it) it cost £250 plus vat, a bargain, as it has been sorted now. The site is Getty Letter for anyone who needs it. Best wishes all.

[Incorporatorpro]

I too have received extortion letters from Getty as well as other similar extortion attempts.

I never, ever respond to them because responding can open its own can of worms in that if one responds, that is acknowledgeing that there may be a problem, which can actually set legal process in motion. I generally remove the image and stick the letter up on a bulletin board for a few weeks and if there is no follow-up, I round file it.

oh wait

Even if there is a follow-up, I round file that also as this whole thing is merely a numbers game.

The extortionist sends out a thousand letters. A few people pay up full-boat, a few settle for less but the biggest percentage simply toss out the letter, however the process is profitable for the extortionist because of the few who do cave in and pay.

[lara-quade]

If you want getty dealt with legally for more peace of mind, (which I personally had to do) then contact a copyright solicitor. They know their stuff, trust me. The solicitor that dealt with my letter has dealt with hundreds of cases and has never received a claim from getty. I can't leave any links but google gettyletter and it's number 1 on the list. If you can't do that then it ends in co.uk Good luck!
Thanks all
hope this helps

[affilorama]

Quite an interesting thread. Very informative. I didn't know that Getty Images send out these emails or that they actually do scour the internet for websites that use their images without proper license.

I only get images istockphoto and if I do get an image from another site, I make sure to let the owner know. As for banners, marketers would usually use that as these are handed out by merchants. So the copyright of the image should be the merchant's responsibility, right?

[Incorporatorpro]

On the other hand, the images hosted by Getty or any other site for which the copyright is held by that site are intellectual property and unauthorized use of the images does indeed constitute copyright infringement.

Now Getty is playing a game but copyright theft is a really big deal, costing copyright holders lots of money just as illegal downloads of music cost the recording companies and artists millions each year.

As the holder of many original works, all of which are copyrighted and even registered with the USPTO, I get ticked when I find one of my images stolen but just send a properly formatted DMCA letter and let it go at that.

Maybe I should change my plan and emulate Getty?