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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10256
Experience:  Barrister 17 years experience
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I recieved a letter from debt collector images, charging

Customer Question

Hi I recieved a letter from debt collector for Getty images, charging €1989 for two images used on a blog. I was unaware of the copywrite and removed immediately. I don't have that money.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. A licence fee falls due once you use another person's image. However, the licence fee for the use of one image is quite small. Accordingly, I would suggest you send Getty Images the sum of 40 euros for the unauthorised use of their image on the basis that this represents an appropriate licence fee for use of the image. State that youhave taken down the image and will no longer use it. Make clear that you did not know or realise it was their image.

Expert:  Buachaill replied 1 year ago.

2. Don't be put off by the large 1989 euros fee Getty Images is purporting to charge you. They would never recover such a large sum in court. This sum is merely demanded to frighten you from using the image without their licence. It is not worthwhile to recover small sums so the sum claimed is as large as possible. Be aware that in court only a "reasonable" licence fee is recoverable based on the general going rate for images in the market.

Expert:  Buachaill replied 1 year ago.

3. However, do send Getty Images some fee. Otherwise you have used it unauthorisedly and have a legal liability for which you can be sued. Once you pay up, the Getty Image lawyers will have done their job.

Customer: replied 1 year ago.
do I answer the debt collector or Getty and pay the Getty images 40€ from the bank account details in the debt collector letter? If they say no ..do I need a solicitor?
Expert:  Buachaill replied 1 year ago.

4. You answer the debt collector and include in the letter the items i have listed out. Pay over the forty euros into the account and refute liability for any more money. You don't need a solicitor unless the matter goes to court.Then only to refute liability and to argue the issue of a reasonable licence fee. Be aware that Getty Images have in house solicitors issuing this type of letters. So don't get worried by it. Once they get some payment, they will leave you alone.