Intellectual Property Law

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trying to formulate a letter to Getty Imaging. we received

trying to formulate a letter...
trying to formulate a letter to Getty Imaging. we received notice that 2 of our photos on our website were copy righted. We immediately removed the images, no indication that they were copyrighted. Let them know that we removed them, they said not good enough pay us 1200.00. we are a small medical office and really feel like we are being swindled here. I am trying to draft a letter but am having a hard time navigating article 17. any suggestions.
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Answered in 1 minute by:
7/25/2013
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 :

this is a common situation

Customer:

So do we have to pay this outrage bill? We responded in good faith.

Alex Reese :

at this point it is just a matter of negotiation and your risk tolerance. these guys want easy fast money. like you, they don't wantto get into litigation. these matters can usually be settled for much less than the initial demand, so i suggest giving a lower counter-offer that you can live with, and staying firm on it

Customer:

Is this legal on their part? Seems a lot like extortion to me. We were unaware of these copy rights, in place on the pictures did it indicate that this was an issue.

Alex Reese :

sometimes they also leave you alone if you ignore them or are not willing to raise your offer, that works in some cases, but just beware there is a risk of a lawsuit if you do not settle, although the chances are fairly low

Customer:

Can I try to write a letter to them

Alex Reese :

it's perfectly legal assuming you used 2 of their copyrighted photos without permission....they sent out thousands of such notices every week i would imagine

Alex Reese :

sure you can but it will likely be equivalent to igoring them or a $0 counteroffer in their mind...unless there is something special in the letter

Customer:

Okay, thank you for your time. This just doesn't seem very ethical on their part, but I understand what you are saying.

Alex Reese :

yeah, copyright infringement does not require any knowledge, it's juststrict liability essentially

Alex Reese :

they make a lot of $$ by going after people who fal in the trap

Alex Reese :

best of luck!

Customer:

Ugh! have a great day.

Alex Reese :

likewise

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

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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