Sorry to be the bearer of bad news, but: In short, your client is screwed for using an image they simply took off of the internet. As any lawyer (and particularly a lawyer who is a photographer) knows, U.S. Copyright exists at the moment of image creation. Getty uses sophisticated software to search for images being used. They have more resources than your client to keep this going and make their life hell. The truth is that companies like Getty make far more money off of infringement than they do from legal licensing, these days. The only thing (probably) left to negotiate is the AMOUNT of the infringement. If the image was NOT actually registered with the U.S. Copyright office, your liability is less. If your client (or whoever they got the image from) cropped OFF a watermark or copyright area, their liability under law is far higher. The only thing you are doing now is trying to negotiate for the lowest possible settlement without going to court (which would not be in your client's best interests because they would LOSE). They are probably looking at 4 figures.
On Sun, Sep 25, 2016 at 1:19 PM, John <sesso...@earthlink.net> wrote: > I agree. > > > On 9/23/2016 11:25 PM, P.J. Alling wrote: > >> I believe that goes beyond copyright infringement, that's actual fraud. >> >> On 9/23/2016 11:21 PM, John wrote: >> >>> Getty has a bad habit of claiming public domain images and demanding >>> payment for their use. >>> >>> On 9/23/2016 2:36 PM, Daniel J. Matyola wrote: >>> >>>> Travel agent client maintains a website and newsletter featuring >>>> vacation >>>> travel venues. Client makes every effort to use only public domain >>>> images. >>>> Client received a letter from Getty Images, claiming a particular image >>>> used by client was a rights managed image controlled by Getty. >>>> >>>> The image in question was no longer on the website,, but still >>>> appeared on >>>> a FaceBook account. Client immediately removed it. >>>> >>>> The Getty letter states that removal of the image will not resolve the >>>> matter, and demands a monetary settlement for past usage. >>>> >>>> Has anyone handled this sort of claim, with Getty or another stock >>>> agency? >>>> Will they accepts an apology and an agreement to take reasonable >>>> steps to >>>> prevent future inadvertent infringement in lieu of payment? >>>> >>>> Dan Matyola >>>> http://www.pentaxphotogallery.com/danieljmatyola >>>> >>>> >>> >> >> > -- > Science - Questions we may never find answers for. > Religion - Answers we must never question. > > -- > PDML Pentax-Discuss Mail List > PDML@pdml.net > http://pdml.net/mailman/listinfo/pdml_pdml.net > to UNSUBSCRIBE from the PDML, please visit the link directly above and > follow the directions. > -- “The Earth is Art, The Photographer is only a Witness ” ― Yann Arthus-Bertrand, Earth from Above -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
