Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
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.
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.
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.
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.