Getty Images copyright infringement

[PersonOfInterest]

I used some images on a website that I picked up either here or elsewhere from a stock images collection about a year ago.
Lately, I've been getting these e-mails about "Getty Images copyright infringement" from some company that wants to charge like $1400 per image, etc. I suspect it's a scam but I'm not sure. I've got several emails from them and the amounts were less. I looked this up, http://business.answers.com/economics/is...-scam-real but was curious to see if anyone here knew anything about this. Make me wary about using any stock images or even Creative Commons photos that I also use. Any thoughts?

[keithoz88]

Relax mate.
Many years ago i worked in the publishing industry here in Oz
and one day i discovered a clever scam being run by a guy in a sister company.
After a few beers he told me that if you send out 100 false invoices for advertising run,
on average at least one will just send a cheque (slack accounting) and at least a few will ring requesting original invoice copy sent (easy to fake).
So the average was 1 in 50 paid up. Kept it small and simple.
Unfortunately he operated on the principle that there's a mug born every minute and his
job was to find them! lol
He got the idea from an American.
Moral of story: make sure you're not one of those mugs :)

[PersonOfInterest]

Thanks. That's about what I suspected. If it was legitimate, you'd think they would simply ask you to pay for licensing.

(03-05-2015 10:44 AM)keithoz88 Wrote:  Relax mate.
Many years ago i worked in the publishing industry here in Oz
and one day i discovered a clever scam being run by a guy in a sister company.
After a few beers he told me that if you send out 100 false invoices for advertising run,
on average at least one will just send a cheque (slack accounting) and at least a few will ring requesting original invoice copy sent (easy to fake).
So the average was 1 in 50 paid up. Kept it small and simple.
Unfortunately he operated on the principle that there's a mug born every minute and his
job was to find them! lol
He got the idea from an American.
Moral of story: make sure you're not one of those mugs :)

[oldinc]

Make no mistake - Getty Images is also out there trolling for their images. If you search Getty image collection letter you will see a whole lot of cases come up. They basically set up an entire arm of their business trolling for copyright violations and then either threatening to sue or actually suing people to collect.

They really got a bad rap for this and some time last year actually released about 1 million of their photos for use if you attribute them.

[R- Type]

is Getty Images a Scam ?!
strongly belive it is. why ? they charge amazon affiliates for using pictures amazon offers to his affiliates- at least they try - and man they try hard.
so the question remains : how low can you go .. ?

[sjc999]

Put the images in question into Google image search. If the image shows up on Getty's site (not the free part) you have a problem. If they were just stock images and show up from other companies, then you are being conned.

[richardhertz]

I had a template designer use a Getty Image without an appropriate license, and Getty came after me wanting 4,000 in 'compensation' for the improper use and improper licensing of their intellectual property. They escalated from email messages, to letters, and finally phone calls. They used all kinds of threats to get me to pay.

I found lots of good information on this web site: http://www.extortionletterinfo.com/

You will find that there are many stock photo companies doing the same copyright trolling. Its a entire sideline business and source of cash flow for stock photo galleries. I sell stock image I take, and I've yet to get paid any compensation for the photos that have been used without license.

Do take the email seriously. Respond, but DO NOT admit any guilt. While Getty's lawyers make some extreme threats, in reality, Getty has yet to go to court to force a settlement. If you defend your rights vigorously, it will cost Getty's lawyers a lot of time and effort, which means a lot of expense in legal fees to Getty. The more effort, the more cost, the less likely they will go after you. If they DO go to court, your odds are pretty good that an impartial judge will knock an unintentional violation of copyright down to 400 bucks in damages and legal fees to the infringed party, so, Getty won't likely go to court and take their chances as they will lose more than it cost them to get to court and get a settlement.

Now, keep in mind, I'm not a lawyer. You may want to consult your lawyer to make sure you are within your rights.

Take down the offending images immediately so as to show your intention not to willfully violate copyright. It may also limit any damages if in the event you are found guilty. Don't offer to pay anything, but be cooperative in responding to messages, emails, letters, phone calls but do not admit guilt or offer to pay anything as you have rights too. Remember, these people contacting you work for Getty and have Getty's best interests in mind (and action). They will say anything to get you to pay, including lie and mislead you. Some of these copyright trolls are paid a percentage of what they collect, so if they don't collect, they don't get paid, which is another matter entirely for the Bar Association to consider if you wish to file a complaint with them regarding the lawyer that is contacting you's conduct. As I said, consult your own attorney to find out your rights, and then stand behind them.

Good luck, and don't buy or license any image Getty or any of their other brands (Like IstockPhoto Dot Com). Boycotting them is the best revenge.

[OnceWild]

richardhertz has given you some great advice. I will add to that.

There are TONS of free images available for you to use.

Go to Google Images and select advanced search, then select FREE to use or modify even for commercial use.

[PersonOfInterest]

Thanks everyone for all the advice. I really appreciate it!

[softarchive20]

Thanks for the information