Fighting Getty Images on Copyright Issue.

J

Johnnyd

New member
Oct 1, 2001
7
0
0
51
Our modest company (7 employees) finally got on the web a few years back and everything seems fine until a few weeks back when Getty images says

"...you have unautorized use of our images..."

bummer so we call the kids who did the site and they say the got the images from a web template disc in a legit fashion but do not currently have the lic (yeah right).

- so we remove all images to be sure.

Getty replies by saying basically:
"... to bad we want 1100 per picture X 5 pictures = 6000+ after tax..."

Huh? Where did that number come from? The disc with all the images is aprox $700USD.

Anyone who can offer advice on the following:
Are they doing this to people and getting away with it?

Is there any point in fighting it?
Are canadian companies subject to Copywrite Laws of united states
http://www.copyright.gov/title17/?

What if the images were legit and the lic was misplaced?

I has gone to a collections company ripe with threats of escalation and more costs. I just don't understand how a company can arbitrarily levy a dollar value to an inocent 3rd party who immediatly removed the images upon notification.
 
Drudge report uses copyright images all the time, and he was in hot water for it a while back.
Not sure what happened with him but he still uses copyright images on his site to this day.

Mind you these are news photos so I dont know if the same laws apply
 
Esco! said:
Drudge report uses copyright images all the time, and he was in hot water for it a while back.
Not sure what happened with him but he still uses copyright images on his site to this day.

Mind you these are news photos so I dont know if the same laws apply
Click to expand...

was that on a website?
 
Sheik said:
Point the finger at the kids that did the website and say they had assured you everything was in place.

Do not admit responsibility for the design of your own website.
Click to expand...

Yes that is sort of what we did, but they "said" end user is respondsible and accountable regardless of ignorance.
 
Sheik said:
Check your contract with the designer. If they are professional, then this would be covered under their insurace.
Click to expand...

I feel like a penny-wise pound-stupid dumbass. We have no such contract and it retrospect I never thought something like this could happen since the site was about 3k to develop. I have no legal leverage over the design guys.

Any other ideas?
Copyright laywer on speed dial might be the question I should be asking at this point *mutter*
 
Contact the Law Society of Upper Canada, Lawyer Referral Service (LRS).
For $6, the LRS will provide the name of a lawyer who will provide a free consultation of up to 30 minutes to help you determine your rights and options. You can access the service by calling:

1-900-565-4LRS (4577)


http://www.lsuc.on.ca/
 
I wouldn't do anything until they take you to court. And then you can still settle. But, why pay upfront? 6000 dollars is a relatively small amount. The rule of thumb is that it is not worth suing a corporation unless it is for at least 12 - 15k.
I would contact the company that made these templates (Adobe, Corel, ....) and get their license agreement.
 
I don't understand how it could have gone to a collection company? If the collection company contacts you again ask them for all their information and under which law they can collect for a company when there is no signed contract or court order to pay damages.

I would think that if this company wants to proceed, the first step would be to get a court judgement of copyright infringement. They can't just make up their own judgement that you are guilty and then come up with their own numbers as to the damages.

Report the collection agency to the proper government department (consumer protection I believe) and tell the company to send you a copy of the court judgement and the papers they filed to get the judgement (they need to make a reasonable effort to notify you of any impending litigation actions before a judgement can proceed.)

Of course, IAMAL, but I have stepped through the small claims court process, and these are my recollections of some of the necessary steps before you can demand money from someone.

P.S.

Please send me your name and address so I can send you my bill for services ;-)
 
Investor Alert

Everyone cash in all your investments and spend like crazy living for today. A sure sign that the RAPTURE is coming is that I now officially announce that I agree with something woolf has posted.

He is right about a judgement, to get default they would have needed to show sworn proof of service attempts and besided if small claims court was used they send out the notices.

Is there any relationship between the people who did the site and the company now harrassing you. If you are sued, defend and counterclaim against the web people as a third party.


Please note that this is an isolated incident and if the end of days is not yet upon us then something else is going on that is really odd for oolf and I to be on the same page.
 
LancsLad said:
Everyone cash in all your investments and spend like crazy living for today. A sure sign that the RAPTURE is coming is that I now officially announce that I agree with something woolf has posted.

He is right about a judgement, to get default they would have needed to show sworn proof of service attempts and besided if small claims court was used they send out the notices.

Is there any relationship between the people who did the site and the company now harrassing you. If you are sued, defend and counterclaim against the web people as a third party.


Please note that this is an isolated incident and if the end of days is not yet upon us then something else is going on that is really odd for oolf and I to be on the same page.
Click to expand...

Please confirm its only the same page that you and woolf share.
 
LancsLad said:
Oh God yeah.
Click to expand...

Tks, I was getting concerned knowing that you have been seen holding hands with Finny and assorted others in the frozen food aisles at Loblaw's.
 
great bear said:
Tks, I was getting concerned knowing that you have been seen holding hands with Finny and assorted others in the frozen food aisles at Loblaw's.
Click to expand...



I like to slip into something cool, he was a little chilly at first but he warmed up to me. Just don't tell him it wasn't really a long lasting popsicle.
 
LancsLad said:
I like to slip into something cool, he was a little chilly at first but he warmed up to me. Just don't tell him it wasn't really a long lasting popsicle.
Click to expand...

Finny told me you are such a cold SOB.
 
great bear said:
Please confirm its only the same page that you and woolf share.
Click to expand...
LancsLad said:
Oh God yeah.
Click to expand...
great bear said:
Tks, I was getting concerned knowing that you have been seen holding hands with Finny and assorted others in the frozen food aisles at Loblaw's.
Click to expand...
LancsLad said:
I like to slip into something cool, he was a little chilly at first but he warmed up to me. Just don't tell him it wasn't really a long lasting popsicle.
Click to expand...
great bear said:
Finny told me you are such a cold SOB.
Click to expand...
LancsLad said:
Cold cocked, but I got back up again. Wow a double entendre.
Click to expand...
Wow, you guys are really clever with the repartee. I couldn't stop laughing. Have you ever thought of writing your own sitcom? ROFL
 
Questor said:
Wow, you guys are really clever with the repartee. I couldn't stop laughing. Have you ever thought of writing your own sitcom? ROFL
Click to expand...



Now that you mention it, remember the bar based sitcom Cheers and then later the Frasier spinoff. So do I, wish I wrote for them.
 
Johnnyd said:
Is there any point in fighting it?
Are canadian companies subject to Copywrite Laws of united states
http://www.copyright.gov/title17/?
Click to expand...

Disclaimer - I am not a lawyer. But I know a bunch of lawyers and through osmosis I have garnered some knowledge in things legal.

The Internet is decidedly a grey-zone. US copyright laws obviously apply in the US and Canadian copyright obviously applies here. If your website was available in the US (which it obviously was) then copyright applies. But since you're here, they can't nail you. Take another example - if you rob a bank in the US and make it back to Canada, technically you're free because you haven't broken the law in Canada. (In reality the Canadian authorities will probably arrest you on behalf of the US and extradite you back to the US where you'll face charges.)

So if you fight it, you might get away with it particularly in light of the fact that you removed the images once you found out. Keep in mind though that ignorance is not a valid defence. The fact that you didn't know the images were copyrighted material is irrelevant. For example, I can't quote you the exact law that says robbing banks is illegal, but I'm not allowed to rob a bank on the basis that I don't know the law.

Having said all that, a real lawyer will probably cost you several thousand dollars. You could fight it to a point but since they want less than $10K the lawyer route won't go far until you hit a financial breakeven.
 
You must log in or register to reply here.
Ashley Madison
Toronto Escorts
Top Bottom
Back