Jason posted on April 15, 2009 14:38

Threatened with Legal action over an Image? 

COPYRIGHT INFRINGEMENT CLAIMS

This is still happening and concerned clients continue to call us.  So, just in case you get 'caught', this is a brief lowdown...

Basically, you'll receive a rather threatening letter from a solicitors, who claim to represent Getty and/or Corbis.  (One of the names is Morton Smith Solicitors but there are others).  As you'd expect, the letter is pretty well prepared and very official looking.  The letter will claim that you are infringing copyright etc. by using their images blah blah, and that you do not have 'permission'. They will demand a many hundreds of pounds as your only chance of avoiding impending Court Action against you.  Words to that affect anyway.

Put simply; it seems to be a simple numbers game.  They simply rely on a certain percentage of businesses to panic, not bother checking or just paying up to make it go away. Sadly, some of our clients have already paid them. 

The 'solicitors' will not respond to any query, nor supply any evidence or proof if asked. They just say pay or they'll see you in Court, as it were.  It is worth pointing out fact that this process has now been going on since 2005 or so and as far as it's known, there is not a single recorded instance of an individual being taken to Court during this period.

Any legitimate claim of this nature will normally supply certification of image ownership, specific dates or periods of reported abuse, and of course proof that you have indeed utilised their collateral.  In any case, one response is just to ask you to remove the 'offending' item anyway, rather than just demand loads of cash. So be very careful before paying this type of thing!

See more results from Google by just typing Getty Scam or Corbis Scam into the search query. Or better still, read this link from the Federation of Small Businesses.

And now you know... hope it helps!

 

Disclaimer: We do not dispense legal advice nor do we claim to. The information is based on statements that have been reported as facts, therefore no guarantee is offered to their accuracy.


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March 10. 2010 04:23

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