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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience:  Solicitors 2 years plus PQE
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I have received an e mail from Getty Images. I have a website

Customer Question

I have received an e mail from Getty Images. I have a website for a small B&B. All the photos on my website belong to me.
However, I had links to local restaurants for potential guests to book meals whilst staying with us. One of the restaurants websites apparently has photos on it that are under copy write to Getty Imagery. I had no way of knowing this. I responded stating that the photos were not on MY website, but via a link, (which was taken down immediately). Access to the photo
was gained by clicking on two links to take you to the eating out page and was not visible on my website. I had not intentions of using the image illegally. Getty have replied that I must pay them £600.00 so that I can use the photos, and settle the matter. However, I do not want access to the photos again, they are not an intrinsic part of my website and belong to another party. I am not making anything from them being on my site either, just, I thought helping out local restaurants in a difficult time. Can you please help and advise? There are help sites on on the internet relating to Getty Imagery and its way of dealing with this, but is US based so not any help to me here in the UK.
It would appear that Getty are famous for using threats of this kind. Thank you.
Regards.
Val.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have Getty Images explained for what reason they believe you are infringing their rights?
Kind regards
AJ
Customer: replied 1 year ago.
Here it is. Sorry it is so long. all gobbledegook to me.
Thank you for taking the time to contact us about your Image License Validation, and thank you for removing the images from your website. Please be aware that removal of the images alone does not resolve this matter because it does not compensate our photographer for your use of their images.
Regarding infringement issues such as this, if no licenses from Getty Images exist with the end user, the liability of any infringement ultimately falls on the company (the end user) that is using unlicensed imagery. As this picture was found on http://www.coedllyscountryhouse.co.uk/ the end user of our picture is Coedllys Uchaf Country House .
Then, as the end user of Getty Images' imagery, you are ultimately responsible for insuring that you have obtained the appropriate rights to use the imagery. That means that if you acquire imagery from a web designer, web template provider or other such company, you are still liable for copyright infringement if that provider or other such company did not properly license the imagery for your use.
If a third party supplied the imagery for use on your company website and warranted to you that the imagery was fully licensed on your behalf, you may be entitled to insist that this third party resolve this matter or to pursue reimbursement from them for any funds paid to Getty Images to resolve this matter, based on any agreement or contract that you may have had with this third party. However, should this third party be unable or unwilling to settle this matter on behalf of your company, ultimately, the responsibility to settle this case lies with your company directly. Getty Images is also willing to review any license documentation (in the form of a Getty Images Sales Order Receipt or Getty Images Invoice) that this third party can provide.
After careful review, Getty Images is willing to settle the matter for £ 600. This offer is based on the average licensing fee for the use of the imagery on your website.
Please, bear in mind that this picture has been used to advertise a business.
Please note that we are not adding any fees or attempting to recuperate any of the costs Getty Images has incurred in relation to this matter. You can review what the license fee would have been if the image had been licensed prior to use by visiting www.gettyimages.co.uk , searching for the imagery, and using the website’s price calculator.
We understand that this use was unintentional, and we want to facilitate replacement of the imagery. If you agree to this settlement offer, we are prepared offer you one of the following options to offset this unexpected cost on your business.
1. Discount on an Essentials 50 subscription –o 1 year subscription - 50% discount on the list price of £ 588o 1 month subscription - 25% discount on the list price of £592. 12 free iStock credits (£69 value) – £69 of iStock credits which will allow you to license up to 12 royalty-free, RF, images. These images can be used indefinitely and in multiple projects based on iStock’s license terms.Take some time to think about how you would like to proceed. However, I do need to hear back from you within the next 7 days. I may not be able to extend this settlement offer and/or future use options to you after 28 October 2015.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Just to be clear - the picture was not actually on your website? It was only on the website of a restaurant - a link to which was on your site?
What I would do is write back to them as follows:
- Say to them that they have not actually explained how you have "used" the picture as the picture does not appear on your place of business - the alleged infringement has arisen on another website ;
- Say you do not actually believe you have in any way benefited from the use of the picture and do not believe their allegations factually amount to Copyright infringement in accordance with the definition under the Copyright Designs and Patents Act 1988;
- Say that seems nothing more than a way to illicit payment of monies from you, which would surely be against the law in accordance with S.40 of the Administration of Justice Act 1970 - on the basis they have not satisfactorily explained what law you are alleged to have broken;
- Say surely they have pursued the restaurant directly and accordingly you do not believe they could have suffered any financial loss, as a result to you placing a link on a free to access website.
- Say that in the mean time you acknowledge receipt of their offer, but reserve all rights and the right to obtain further legal advice.
(I would also note that there is a case form last year in the European Court of Justice called Svensson (C-466/12) - this states that a free to access websites that posts links to protected works on other sites without permission of the copyright holder would not be guilty of infringement.)
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 1 year ago.
Thank you AJ. I have been in touch with the restaurant web designers and they say the restaurant has not been contacted. Funny that.
They are going to contact the Restaurant owners about the photos ownership. As it is believed all the photos used are owned by the Restaurant.
I will send an e mail to Getty and let you know.
Thank you very much for your help. It has lifted a weight from my shoulders.
Expert:  Alex J. replied 1 year ago.
Hi,
No problem.
I wish you the best of luck. Please do not hesitate to contact me with any follow up points.
I would be most grateful if you rate my answer.
Kind regards
AJ
Expert:  Alex J. replied 1 year ago.
Hi, Can I assist you any further with this? Kind regards AJ
Customer: replied 1 year ago.
Hi AJ.
I am awaiting confirmation from the web designer of the Restaurant whose link I had on my website.
He is adamant that the photos were taken by the Restaurant owners friend. I am just awaiting confirmation and proof on that, before I send my message to Getty as advised by you. I will let you know and seek advice on how to proceed on that point too.
Have a lovely weekend.
Val.
Expert:  Alex J. replied 1 year ago.
Thank you
No problem - please do not hesitate to contact me with any follow up questions.
I would be most grateful if you could rate my answer in the mean time.
Kind regards
AJ
Customer: replied 1 year ago.
Hi A J.
I rate your answer 20 out of 10.
I am VERY Pleased.
Kind regards.
Val.
Expert:  Alex J. replied 1 year ago.
Thank you very much. There should be a screen that allows you to rate my answer - if you see that screen I would be most grateful for any feedback. Can I assist you any further? Kind regards AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello ALex J.
I have send the response as directed by yourself to Getty Images, and am still awaiting their response. I am sorry for the delay in letting you know what is happening. They have a habit of leaving it for a couple of weeks from what I can make out, before banging out another threat.
I am really interested to see what their response will be, especially regarding The European Courts of Justice comment.
Once I hear from them I will let you know.
Once again a huge Thank you for your assistance in this matter, which I am sure is ongoing, so will do a proper review and tip at the end.
Kind regards.
Val Harber.
Expert:  Alex J. replied 1 year ago.
No problem. I look forward to hearing from you.Kind regards AJ
Customer: replied 1 year ago.
Thank you AJ.
Val.
Expert:  Alex J. replied 1 year ago.
Many thanks AJ

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