Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.
Getty Images is notorious for doing things like this. Ultimately, the burden is on Getty to prove that you actually used this image on your website, and if they can't prove this - - which they should not be able to if you never used it - - then you should be ok legally speaking.
However, this doesn't mean that you won't be sued as you can't stop that unless you pay Getty some amount of money (usually, they will accept far less than the demanded amount). But, if you don't settle and they sue, you have a right to demand strict proof of their claim and the judge will hold them to that standard. If they can't prove their case, then you obviously would win.
At this juncture, you can ask Getty for strict proof that this image was ever on your website - - like a screen shot, etc. If they can't produce something, then their case is pretty weak. Also, it isn't usual (in my experience) for them to actually sue because of the cost involved. It's more of a bluff game.
They sent me a screen shot that was not one I put on the site. I think they are trying to scam me. They say that it is their proof, but in fact, it is not on my website when I check for it. I really know that they are harassing me to pay them money. How do I approach this?
Well, you should have data of your own to prove that this screen shot is not yours.
You should have some type of log history to prove what your site consisted of since it went online. I am NOT a computer savvy person, but I'm sure you or maybe a local computer engineer could extract the images ever used on your site to show that this one has never appeared.
Isn't proof alone that I do not sell birds? I do not have birds displayed for sale. I do not have access to a computer engineer and can't afford to hire one. How do I prove that they are notorious for doing this?
It goes to my to the home front page of my site, but the picture does not appear anywhere. I am being harassed and I almost feel that I should turn around a sue them. I did not accidentally use the photo or create a page that they are showing.
Thank you for your assistance. I will write a letter stating what you suggested. If they choose to hire a lawyer to sue me, then let them take me to court.
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