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  1. #26
    Guru Meditation Error gnarly's Avatar
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    I think you may want to revisit those contracts. Assuming that it's legal to do so, you might want to state that the original content provider is to be held liable for any breach of copyright present in their content.
    Olly Hodgson
    thinkdrastic.net

  2. #27
    reputation consultant ThaVincy's Avatar
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    Getty blows, iStockPhoto / sxc.hu rule. Simple as that.
    ThaVincy | redesigning your image
    Twizted Imagebuilding personal and corporate reputation solutions

  3. #28
    SitePoint Zealot kosh's Avatar
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    Quote Originally Posted by images
    We will find and we will take individuals to count over images used without licenses.
    And you will lose. Every time. Why? Because the way you are pursuing the court cases is in violation of the law. The law itself says that admins have to be notified of copyright violation and given 10 days to remove it, and if they do, they are protected. By ignoring that and trying to bill the admin directly, you may "win" many out-of-court settlements. But in court you'll get your butt handed to you on a platter. So don't come here and give us your BS posturing, as we all know your bark is worse than your bite. Your little legal threats have no teeth.

    I'm not scared of Getty. If someone violates copyright it doesn't give you the right to break the law in pursuit of them. In my opinion, it makes you common criminals.

    Quote Originally Posted by images
    Getty has some of the Worlds best images and we will protect them.
    The reason you take them is because they are good.

    STOP DOING IT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    They are stopping, as evidenced by this thread. You know what they're doing? They switching to FREE ALTERNATIVES. You guys are seeing your business model collapse all around you, and your whole company is in a panic now. And the more you tighten your grip, the more customers will slip right through your fingers.

    sxc.hu FTW!

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    Outshine - geek blog & free phpBB mods
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  4. #29
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    Does anyone know if this applies to just the creative images or the royality free images or the editorial as well? Just curious, I need to back check mine to double check.

  5. #30
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    I, too have received the dreaded Getty letter, for an image on our site. Can anyone tell me what the DMCA is? As a Canadian, I'm not entirely aware of the repercussions of this action. Does paying up admit guilt? Are they required to give 10 days notice to a foreign party?

    Any guidance or information on these issues would be greatly appreciated...

    Doug.

  6. #31
    SitePoint Zealot kosh's Avatar
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    US laws have no sway over Canadians. You'll need to find out how your country protects you.

    As an aside, gang, I got my acronyms mixed up. It's the CDA, not the DMCA, that protects us. Here is a relevant link:

    http://en.wikipedia.org/wiki/Section...ns_Decency_Act

    -Tony
    Outshine - geek blog & free phpBB mods
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  7. #32
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    From a business point of view I think Getty are very clever. They are a big rich multi-national corporation threatening Ma and Pa businesses, non-profit organisations and individuals who've mistakenly used their images (mostly from 3rd party sites) with court action unless they stump up fines that will put them into financial difficulty and they know these people will pay them because they dont want to risk even larger payments that could ruin them. The line of pure genius is 'pay this fine within by date 'x' and receive a generous 15% discount. I can only imagine how high the percentage of people are who have taken this option.

    I have yet to read of a case where anyone has refused to pay and I really want to know if anyone has and what has happened. I've not heard of a single case going to court yet either. Personally I think Getty are relying on everyone settling out of court because I dont think its a given that they would win if it did get to that stage. I've heard of several cases of them negotiating now, despite the 'no negotiation' claim on the letter. I think if someone offers to pay 50% they are probably more than happy because they dont have the risk of losing in court and they are still getting a substantial amount of money, plus they know the individual paying is probably relieved to get away with not paying the full amount.. I bet more than a few people have got themselves into serious financial trouble paying debts of these kinds of amounts - the price they are putting on these images is ridiculous.

    Personally I think this is virtually an extortion racket and to quote someone else 'opressive use of copyright law'. I'd like to see a big company take them on and win.

    Dont get me wrong, I am opposed to the breaking of image copyright, but Getty's way of dealing with it is like using a bazooka to swat a fly.
    Last edited by jimmy21; Sep 9, 2006 at 10:35.

  8. #33
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    3 years ago I purchased a website template for $38.00. This template included an image that I continued to use even though I no longer used the template. I received a letter and invoice from Getty who says they own the image and want me to pay $1000 for it. I removed the image immediately, explained to them how it was obtained, that I had no idea they owned it, and there was no way I can afford to pay $1000 for the stupid image.

    They sent me an email today saying it does not matter if I got the image from a template, and I have to pay the invoice otherwise face legal action. I don't understand this, and I don't know what to do.

  9. #34
    SitePoint Guru marcel's Avatar
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    How liable are image hosting websites ?

  10. #35
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    Quote Originally Posted by jshumko
    3 years ago I purchased a website template for $38.00. This template included an image that I continued to use even though I no longer used the template. I received a letter and invoice from Getty who says they own the image and want me to pay $1000 for it. I removed the image immediately, explained to them how it was obtained, that I had no idea they owned it, and there was no way I can afford to pay $1000 for the stupid image.

    They sent me an email today saying it does not matter if I got the image from a template, and I have to pay the invoice otherwise face legal action. I don't understand this, and I don't know what to do.
    Is yours a profit or non-profit website? I'd certainly try to negotiate. Make them an offer and see what they say. Be sure to post how you get on as I think this thread could become a good resource for people receiving these demands.

  11. #36
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    Wouldn't this be a more relevant link:

    http://en.wikipedia.org/wiki/Online_...Limitation_Act

  12. #37
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    Doesn't this all remind you of the shady practices of the RIAA?

  13. #38
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    Quote Originally Posted by jimmy21
    Is yours a profit or non-profit website?
    My website is a home business and I make very little money from it. So far it's pretty much non-profit (I know what you meant.) The template came from templatemonster.com I believe. The order on 2Checkout.com shows it coming from http://www.template-help.com.

    I talked to a lawyer about it and he suggested I find the usage agreement from the website where I purchased the template. The template is no longer on the website, so I do not know if their current usage agreement will apply. I opened a support ticket with them to see if they can/will help me.

    I've always tried to be honest and comply with internet laws (as far as I know them), so this is really depressing me.

  14. #39
    SitePoint Guru marcel's Avatar
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    give them a call.

  15. #40
    dooby dooby doo silver trophybronze trophy
    spikeZ's Avatar
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    IMHO this is tantamount to black market mafioso bull.

    Getty images charging 1000 for an image? surely a C&D letter would be better PR for them but lets face it, it's all about the money baby.

    Shame really as they are a well known company who really should think more.

    If the member who claims to work for Getty Images would care to come back and discuss this, we might get some reasonable answer.

    But I doubt that will happen.
    Mike Swiffin - Community Team Advisor
    Only a woman can read between the lines of a one word answer.....

  16. #41
    Chillin like a Villain DaStuff's Avatar
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    Quote Originally Posted by spikeZ
    IMHO this is tantamount to black market mafioso bull.

    Getty images charging 1000 for an image? surely a C&D letter would be better PR for them but lets face it, it's all about the money baby.

    Shame really as they are a well known company who really should think more.

    If the member who claims to work for Getty Images would care to come back and discuss this, we might get some reasonable answer.

    But I doubt that will happen.
    I also doubt he worked for them... Seeing how his post seemed a little childish...

    But who knows i guess that getty is throwing a temper tantrum over this image use...

    And I agree this has the RIAA written all over it

    But to all you who have gotten a letter I would just take down the image and most likely ignore them.. I don't believe they have much bearing for the suit so...

    But thats just my opinion... Feel free to feed the fire if you want too.
    • Follow the dancing banana

  17. #42
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    had the same problem of re-using an image from a template of an old client that went bust before he paid me.

    got an invoice from getty around the start of the year and i could not find any info or advice on what to do.

    they invoiced my new client after his site had been up for a couple of years - i took responsibility because it was just a suitable image that i used simply because it fit the job and i thought at least i'd get something back from the old client that didn't pay.

    so my mistake and my inexperience meant i had to pay about 1200 - i coudn't afford to let it escalate to an amount that would put me out of business.

    i took the image down immediately and phoned their legal dept in the uk

    i apologised, offered to pay less and generally grovelled but basically they said that i'd better pay up so i did

    had to look on it as experience and now always make sure i know the client has permission to use images and content in their sites.

    i get all my stock images form istockphotos.com now

    it'll be interesting to see how this develops.

  18. #43
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    I know of a guy in UK who got an invoice from Getty earlier this year and he took the image down pronto. Getty still sent him reminder invoices etc but then eventually gave up and passed it on to a UK debt collections agency called Moreton Smith who are hassling him. His solicitor says to don't do anything as they can't legally enforce a disputed invoice.

    It looks to me like Getty just pick an arbitary figure and hope enough people pay up the full amount to make it worthwhile.

  19. #44
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    Similar Copyright Issue

    I had a similar issue several years ago from a photographer. He sent a nasty letter saying I owed him $15,000 for his photos that were used on a site. In actuality, I inherited the site from another designer and had simply finished the code and uploaded it the client's web server. He also sent the same letter to the client. Turns out the President of the company scanned some images from his company's brochure and sent them to the other designer. He just wasn't aware about copyright laws and thought the photos were on his brochure so...

    I did remove all of the photos as soon as I got the letter.

    My lawyer sent a response back to the photographer letting him know that I could sue for slander (he was especially nasty with name calling and threats) and that I don't him anything. My client didn't pay either.

    It was a lesson-learned though. My contract states that all images that I recieve from clients are owned by them or they have the license.

    On that note, my clients (even the bigger ones) don't want to pay Getty prices. So, I stick with istockphoto.com.

  20. #45
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    Quote Originally Posted by marcel
    give them a call.
    I am unable to find a phone number on template-help.com

    I did get a response though on my support ticket. I was given the name and email of someone in their legal department, and was told to supply him with the template order number, the documents received from Getty, my website url, and my contact information. Then the support person closed the ticket.

    I sent the information as requested and also attached the zip file of the template. This is as far as it's gotten. I guess I'll wait a few days to see if I get a response.

  21. #46
    SitePoint Member potion's Avatar
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    Quote Originally Posted by ian20

    i get all my stock images form istockphotos.com now

    it'll be interesting to see how this develops.

    lol.. look what I've found:

    "In February, Getty Images, the largest agency by far with more than 30 percent of the global market, purchased iStockphoto for $50 million. “If someone’s going to cannibalize your business, better it be one of your other businesses,” says Getty CEO Jonathan Klein."

  22. #47
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    kosh is absolutely right about the DMCA procedures!
    Are you looking for entertainment traffic?
    badass company is here for you!
    We can deliver up to 500.000 unique clicks per month!

  23. #48
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    Quote Originally Posted by jshumko
    I am unable to find a phone number on template-help.com

    I did get a response though on my support ticket. I was given the name and email of someone in their legal department, and was told to supply him with the template order number, the documents received from Getty, my website url, and my contact information. Then the support person closed the ticket.

    I sent the information as requested and also attached the zip file of the template. This is as far as it's gotten. I guess I'll wait a few days to see if I get a response.
    template-help.com is the non-branded service center of templatemonster.com, mainly used by their affiliates to hide the fact they are TM-affiliates (I operate some affiliate sites myself as well). So you can call TM if you want to. But it seems you have chosen to send a ticket, which is good. They will very probably take care of it. I had the exact same situation almost a year ago. I sent a support ticket to TM, forwarded all the details to them as well, and never heard from Getty again.
    Regards,
    Jurgen Nijhuis
    Argos Media (Dutch)

  24. #49
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    Phishing attempt?

    I wonder if this whole Getty thing isn't a phishing attempt (or similar scam) to get people to provide credit card or bank account information in order to pay the "fines"

    I've been reading a lot about scams like this including one from someone claiming to be a representative of the Court system calling about a "failure to show up for jury duty" and that you face time in jail if you do not immediately reply and when they get you on the phone, they ask for Social Security and personal info to "verify" that you actually missed jury duty, but that's when they have you.
    The FBI and other agencies have a warning out about this scam, saying that the Court systems seldom if EVER contact anyone by phone or email, and especially not about missing jury duty.

    Just a thought.

  25. #50
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    Jury duty scam

    Here's the link for the Jury Duty scam...

    http://www.fbi.gov/pressrel/pressrel05/092805.htm


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