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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3774
Experience:  Solicitors 2 years plus PQE
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is it worth fighting getty images over an unauthorized use

Resolved Question:

is it worth fighting getty images over an unauthorized use notification
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

How much are they demanding you pay? Have you made any money from the use of the image?

Kind regards

AJ
Customer: replied 3 years ago.

we used it in error on our shopping website. It is a picture of a slice of cake. We had it on the page of our sponge mix, just to illustrate what a spong looks like. They are demanding£916

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Have you taken it down?

What I would do is write to them and say it was "accidental and inadvertent" and has been removed immediately. Say you have made no profit from it and they have suffered no damage.

If they still chase you for money at the very least you should try and negotiate down the fee. You could offer them say £250 to go away. £916 without any proof as to costs or losses is a lot of money especially if you have not profited from the infringement.

Kind regards
AJ
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Customer: replied 3 years ago.

Thank you. I have taken it down.I believe they are quite aggressive in hounding people. Do you think I should enclose a cheque for £250 in the letter and hope they will regard it as a' bird in the hand'

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

No i would start by writing them and undertaking not to do it again and confirm you have made no profit.

If they still chase you then make them offer. £250 is a figure I picked out the air as a negotiating point. They have to prove their losses as part of any claim, so bare this in mind when negotiating, where have they got their figure from? I would challenge it to negotiate it down if they push ahead with a court claim.

Kind regards

AJ