Ladies: Maggie is exactly right.
Whether or not this case involves the real Getty Images or a scam using Getty's name, it's a good caution for everyone to recheck your own websites and social media for potential violations. Copyright violation in regard to online images is a large and quickly growing area of prosecution, especially in regard to social media, especially Pinterest, etc. Whether completely innocently or blatantly on purpose, many people have been "stealing" others' images and articles for years and using them on their websites, to promote their businesses on Facebook or in ads and in many other ways. I personally know of many cases where people and companies cut and pasted others' articles and resold them under their own bylines. Word for word. While the small freelance writers and photographers don't have much recourse, the larger agencies are getting tough. Here's how some of it happens: http://webtechlaw.com/posts/pinterests-hidden-threat-to-its-users.html I also completely agree with Maggie's recommendation. Best, Jayne Morehouse Jayne & company On Mar 14, 2012, at 8:30 PM, Maggie in Visalia wrote: > Lauren: > > First of all: Where did you obtain the photo? Did you know it was a Getty > image when you used it? Did it come from a source that lead you to believe it > was royalty free and available for your use? If so, then you should write > that all up in a fancy letter of dispute and send it back to them asking, > essentially, for them to fogive the infraction and call it good, or at least > point them at a bigger fish to go after. > > Even though it is customary to send a cease and desist order, it is not > necessary. For any of us who have had our photos stolen, you know how crappy > it is. They CAN just go after you. But if you can prove that you did not know > it was a copyrighted image, then you have a leg to stand on. > > There's a number of software options out there now that search the Internet > for photos. Several of them are out there for free and available to > consumers, I can only imagine what Getty Images has in its arsenal. > > Taking the photo down does not "un-do" copyright infringment, all they have > to do is take a screen shot of the site while it was up and they can take it > to court. I'm not sure how far it will go with a judge that sees that the > image was removed upon notice, but it's a possibility. > > Try communicating with the people who sent the letter (once you ascertain > that it is legit) and see if they are reasonable before you panic. > > Maggie Franklin: > Owner & Artist, The Art of Nailz, Visalia CA > "Visionary rebel dreamer; obviously way ahead of my time." > Maggie Rants [and Raves]@Nails Magazine > Facebook > > > From: Jill in Ky <jnai...@hotmail.com> > To: NailTech <nailtech@googlegroups.com> > Sent: Wednesday, March 14, 2012 7:24 AM > Subject: NailTech:: Re: oh no > > Now that you've taken it down, that should suffice. It sounds very > fishy, too, cause normally from what I understand they first send you > a letter explaining your violation and then tell you to remove it > immediately. They traditionally do not shake people down for money > right at the beginning. I'd definitely not pay a lawyer and I'd > definitely not pay this company anything, not even if you bargained > with them to lower the fee. It probably is some kind of scam. > > The company has to first sue you in court to get a judgment, and that > will cost them way more than the $780 they're trying to charge you. > And going thru the suit process just for $780 seems very unlikely, > since that would also take months. I'd just tell them that you've > taken the image down now that you're aware there was a problem and if > they want any more from you they'll have to file a lawsuit. > > If by some odd, small chance that this company is legit and they do > sue you, it'll take months and months. Then you'll get a notice to > appear in court (due to the amount it''ll probably be in small claims > court) and at that point you can call the company back and negotiate > for a smaller settlement if you want. > > But think about it....anyone can send anyone a typed up, legal looking > letter thru the mail and demand money for some random infraction that > may or may not be true. Naive, honest people and old people > automatically pay it with no questions asked because they get scared > that their credit will be ruined. And it's true that there isn't a > debtors prison. They could be sitting at home trolling the internet or > Facebook for beauty related businesses and sending hundred or > thousands of people letters such as this. Think of the amount of money > this alleged company or scam artist is making just if 10% of their > targets pay up? > > You may want to also check this out on snopes.com where they list > recent scams and such. > > Jill Wright > Bowling Green, KY > > On Mar 13, 6:53 pm, Lauren Dodson <april392...@yahoo.com> wrote: > > I got a letter today saying an image that I have on my website is copy > > written and I need to send in $780 to Getty Images. It is a small photo of > > nails that I pulled from the internet. I have taken it down and will try > > and deal with them to pay less money. Anyone been through this before? > > -- > You received this message because you are subscribed to the Google Groups > "NailTech" group. > To post to this group, send email to nailtech@googlegroups.com. > To unsubscribe from this group, send email to > nailtech+unsubscr...@googlegroups.com. > For more options, visit this group at > http://groups.google.com/group/nailtech?hl=en. > > > > > -- > You received this message because you are subscribed to the Google Groups > "NailTech" group. > To post to this group, send email to nailtech@googlegroups.com. > To unsubscribe from this group, send email to > nailtech+unsubscr...@googlegroups.com. > For more options, visit this group at > http://groups.google.com/group/nailtech?hl=en. -- You received this message because you are subscribed to the Google Groups "NailTech" group. To post to this group, send email to nailtech@googlegroups.com. To unsubscribe from this group, send email to nailtech+unsubscr...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/nailtech?hl=en.
