Getty caught me
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- 279 Responses
- ladyboy0
Jox - I thought of taking that approach but it wouldn't do any good.
the site owner is responisible for anything on the site - doesn't matter if some freelancer did it and told you the image was royalty free - you're still responsible.
There's plenty of cases where the the company has no idea the images weren't liscensed - they're still fucked.
- blaw0
this is not an "ignore it and it will go away" scenario. the people i know that got jammed up on had the initial communication sent to them last year and every few months things get ratcheted up a bit more to where it's really coming to a head.
i think you have a legit argument, as it was a comp. photo used in an unselected design. were the design selected they'd have gotten the business. it wasn't, so they don't.
i still say you should get a lawyer to help you with this.
- jox0
They got filthy rich selling images. They can get richer chasing down borrowers while spreading the message that borrowing does not pay.
I'd say yes, they're doing it.
rafalski
(Jul 25 07, 07:01)Insane.
They may as well flip the pages in a phonebook.
I bet they have twice as many people employed to just prank-call, than they have handling all the actual business.!
- MrD0
you know what, you did wrong.
its same as someone taking your work and posting it with out paying you.
end of story
- emecks0
I remember not so long ago someone else had the same issues with getty only I don't think they were demanding as much as 7k. It was a thread on this site! I have had a search but can't find anything. It was only a few months ago!
CFish
(Jul 25 07, 07:04)that would have been me I think, the reason the amount was less was because it was in £
- CALLES0
Is that "free" as in "liberate Ladyboy," or "free" as in "hey get some Ladyboy for free?"
harlequino
(Jul 25 07, 07:04)no its as in get a piece of free lady boy. he is giving away money
- version30
if you didn't pay for it and didn't charge anyone for it, what was it doing on your site?
if you had no permission to use it but were using it as part of an example of your own work, the argument could easily be that it was being used by yourself to advertise your abilities/taste.
you fucked up plain and simple.
- ********0
isn't 7k enough to flee for Brasil?
- ********0
How do they justify the 7 grand?
I don't think any of their images is worth that much?
- I'd argue that the image was given to me by the client and I have no clue how they got it.
- or I just take it off the site and argue that i've never put it up, they have no way to prove that i did.But if anything, they should just claim the actual price of the image which should be between 300 - 500 bucks.
- jox0
Jox - I thought of taking that approach but it wouldn't do any good.
ladyboy
(Jul 25 07, 07:06)No, I'm saying you should contact someone who ACTUALLY has a license and buy your way in on it! He could claim he produced the piece for YOU and you paid him money, including the usage of the image. Create a fake invoice, where it clearly states "website, including license for photos yadda yadda"..addressed to whoever you contact who has the license.
Hell, I might even offer to buy a license for the pic you're being sued for and claim I did the comp for ya... But they'd probably check the dates on the purchase...
- ********0
whatever you do it starts here:
1. you acknowledge it and reply
2. you don't and see what happens
- OSFA0
wait, what if ladyboy is actually a Getty rep getting some info on what we as designers would do if we are in this position...
May I see some id please sir....
- MrD0
is it rights managed photo?
i think if you go to the site there is a legal line says something about penalties for using it with out buying it.
- ladyboy0
I agree with the copyright issue - I fucked up. And it's "illegal" what I did.
But come on - that's the whole point - you make a comp and show it to clients. If they like it you purchase the photos.
That it was on my site was an understandable oversight.
Now if I was Getty I'd charge a reasonable fee - or better make me sign up for some subscription images product that I might get hooked on.
Instead - they've lost a lifelong customer. And that's bad biz.
Just ask a drug pusher what they'd do. They know good business.
- version30
and i bet those bots are reading hex information strings. aren't raster images written in hex? just compare that information to the hex libraries on file and voila, found!
btw, an image from getty's homepage
eerily appropriate, or vice versa
- MrD0
just think of it this way..
say you did a design, which took $1000 worth of your time.
someone uses it, with out you knowing.
do you want just $1000 or do you want to get paid for lawyers that you need to use to send them a letter?
- Jaline0
wait, what if ladyboy is actually a Getty rep getting some info on what we as designers would do if we are in this position...
May I see some id please sir....
OSFA
(Jul 25 07, 07:16)haha
- BonSeff0
im not a lawyer, but i play one on newstoday...
stfu
- MrD0
ladyboy, i think life long customers would be ad agencies
who spend $50000-100000 a month
- ladyboy0
It's a rights managed photo - and a bad one at that. Just a stupid white truck - I could have gotten a similar suitable image anyway - including my own camera.
I'm not a Getty Rep but I am paranoid as Hell. They're fuck'n evil - or at least their legal dept is.