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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117401
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I have been contacted by a debt collector in Australia on

Customer Question

hi, i have been contacted by a debt collector in Australia on behalf of getty images regarding unathorised use of images. this is a new site still being developed and has not been launched. My colleague did not know the images were getty images. we had placed them for exploration of images when designing the site. We have taken down the three images and in the process of establishing a licence but the debt collector states we have to pay a fee of $3421 (Aus). can you advise if we have any legal position in thsi matter?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In most of these cases Getty is just seeking money, not looking to pursue any lawsuit. Most all times if you fight the collection, they will not sue unless the infringement was obvious. If you obtained a image from a free site, which Getty is famous for claiming rights to, you need to inform the debt collector you do not owe any money as the image was obtained on an open source site and as such you demand they have a copyright and rights to enforce the copyright. Generally at that point they cannot provide proof and they will cease and desist the collection. If this is the rare instance they can actually prove the copyright, they will generally settle for around $100-$200 AUS.

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