Getty Images Cracking Down!

Out of context: Reply #35

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  • OscarMichelen0

    Just wanted to let this discussion board know what is happenign in the United States on this issue. I am an attorney in New York City and represent a number of web developers and e-business companies (including publishers,video sites and self-help sites) tha have gotten Getty letters. It has gotten so bad I posted my own site extortionletter.info just to keep the general public informed about their rights. Getty started this in 2006 and to date no lawsuits have been filed because they don't want a bad legal precedent in my opinion. The photographers that Getty represents likely never registered their photos with any copyright office. That means (in the US) that they would only be entitled at best to actual damages. Since most of these pics can be licensed for $US49.00 that is their actual damages. We have repeatedly demanded form Gett yon behalf of our clients to see their proof of registration and have received no response. Also, some of the photographers may have also placed the images on other sites so that Getty cannot prove that the pics were taken from their site or that it was not permitted to take it from the other site that the image appeared on. Also, most of the time, the alleged infringer takes the pics down immediately upon notice and many courts are likely to view this as a sufficient response and award minimal damages if Getty ever decides to go to court. In short, get some legal advice from a qualified practitioner before paying exorbitant sums on a claim that may not be provable.

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