Legal Question in Technology Law in California
Getty Images Unauthorized Use
I've recently received an invoice for using a photo
from Getty
Images
with out proper licensing. I did it because at the
time I really
didn't
understand what Royalty Free meant, but Getty
doesn't seem
to care -
They were going to charge me $2400 for both
images. However,
I
contacted both of the photographers, after the rep
from Getty
told me
that is the only way to have my cased pardoned.
Both photogs
have
sent in emails pardoning the past use of their
images. Well now
Getty
is saying that I'm still responsible for a fraction of
the fee which
is
specifically to cover the third party agency,
PicScout, which
actually does the image tracking for Getty. My
question is should
I pay
the fee, which is now $500, or should I contest the
charge. I
read that
unless photos are registered, cases generally won't
hold up in
court. My
biggest concern is that they give the bill to a
collection agency
and my
credit will get ruined. Any recommendations?
2 Answers from Attorneys
Re: Getty Images Unauthorized Use
Technically, it's still a copyright infringement, and you're liable for damages.. the amount in question is probably negotiable.
Their decision to pay a third-party agency is not really your problem, if the photographers granted you permission to use the pictures, you shouldn't have to pay anything, but you'll waste lots of time and money fighting with Getty over this.
Maybe making a counteroffer ($150 or so?) would settle things.
Re: Getty Images Unauthorized Use
This is all over the internet right now and this is not the first case I've heard about. If you ask Getty to provide proof, they will likely back off. If you need assistance, please feel free to call. This is also going on with Corbin in association with Getty. It appears to virtually be an effort to create a profit center through litigation threats.
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