QUESTION
Getty Images claiming copyright infringement and trying to make me pay $965 within 14 days. Gave no warning.
Asked on Sep 20th, 2011 on Intellectual Property - Kansas
More details to this question:
I volunteer at a non-profit group that raises money for scholarships, teacher supplies, and provides low income families affordable daycare. I was either sent or found a calendar image on the Internet. There was no indication of copyright ownership or where it came from. I used it on our site.
Today I received a letter from Getty Images demanding $965 within 14 days for copyright infringement, stating that it doesn''t matter if I didn''t get it from their site or had no knowledge of it''s origins. I''ve never received any communication from them before now. Their thumbnail has a watermark on it but the image I have does not, and it''s clear I didn''t crop anything. I don''t see how they can demand money without me entering an agreement, profiting, or knowingly used their image, especially if the image was out on the Internet. Is this legit or is it a scare tactic?
I have removed the image from the site and left them a voice message, but haven''t heard back from them.
1 ANSWER
Intellectual Property Attorney serving Salt Lake City, UT
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Kirton McConkie
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Ok...bad news first: United States law no longer requires the use of a copyright notice. Further, a copyright is created as soon as the image, song, literary work, calendar or other original works of authorship is fixed in a tangible medium of expression. Unfortunately for you, Getty Images has every legal right to demand payment for use of their image, regardless of what you did or did not know.
Potential good news: You did the right thing by removing the image from your site. I have no experience with Getty Images, however, your gesture of submission may be sufficient for them to call off the hounds. Be sure to let them know that you acted innocently, have now been educated and know the error of your ways, and will be sure to educate others about Getty Image's property rights. If that doesn't work, you may be able to negotiate a lesser fee based on the limited time of use.
Lesson learned: In the words of my mother: "If it doesn't belong to you, don't touch it unless you have the money to buy it". How true.
Answered on Oct 27th, 2011 at 1:39 PM