Intellectual Property Law

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I just received an invoice for $7800 from Getty Images (an

online stock photography Co.) for...
I just received an invoice for $7800 from Getty Images (an online stock photography Co.) for using several low quality thumbnail images on my web site. I had no cease and desist warning just a copyright infringement notice with non-negotionable invoice. The images were used unintentionally and taken down within hours of the notice. Should I send a Cert. letter that I've complied with cease and desist but make no further comments? OR Should I do nothing at this point. I'm 63 and live on SS income. My web site has little traffic.
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Answered in 31 minutes by:
7/14/2013
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified

Alex Reese :

hello

Alex Reese :

in most cases they are looking for quick easy money and are willing to negotiate and most of such cases can be settled for far less than the initial demand amount

Alex Reese :

however, if there is no way to communicate/negotiate then that option is out

Alex Reese :

in many cases, if you ignore them they will go away, and that is obviously the best outcome since it requires no money on your part

Alex Reese :

normally I would suggest giving them a much lower counter offer that you are comfortable with and sticking to that and indicate that you are not able to pay more....when they realize you are firm and/or don't have the funds, they will either or accept or often they will just go away

Alex Reese :

and responding that you have ceased use of the images is also good

Customer:

Doesn't making an offer imply guilt? From what I've been reading this is happening to thousands of mom and pop biz. These companies have Bots that spider sites looking for infringements. They do not settle with people for less.

Alex Reese :

no it doesn't, it's just a settlement...common practice

Customer:

If they do file a judgment against me and win my income is Social Security and can't be garnished.

Alex Reese :

that's right....but they do settle for less in most cases

Alex Reese :

they do not want to go to court in most cases...too much trouble for them

Alex Reese :

no that type of garnishment is highly unlikely

Alex Reese :

especially for an innocent infringer

Alex Reese :

if there is no way to counter-offer then i suggest ignoring it

Alex Reese :

otherwise I would submit a counter offer for a low amount you can afford

Alex Reese :

there is always a risk of getting sued, but it is not too likely

Customer:

Since I have no money to offer them and have very little site traffic I'm not going to offer anything but should I still send a compliance letter about removal of photos for wait to see whats next. I live below poverty level I need the small amount i get to buy food and pay rent. I just went bankrupt this year and have noting.

Alex Reese :

yes just send that letter...and don't admit any wrongdoing

Alex Reese :

just say you had no idea of the copyright etc and that you immediately removed the photos upon notice

Alex Reese :

you should be fine

Customer:

Thank you Alex I appreciate your time and for easing my mind. I've learned a lesson from this and am using image search thru out my site to find any other potential problems. I'll leave a good rating for you. Thanks again.

Alex Reese :

thanks, XXXXX XXXXX luck!

Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
Experience: Experienced in intellectual property law
Verified
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Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,467
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