Legal Question in Intellectual Property in Georgia

I was wondering if whomever is answering this question is familiar with Getty Images. I have a website through a web hosting called justhost. When setting up my company's website I used an image/template from Justhost's choices of images. Recently I received a letter from Getty Images stating I was using this image illegally and asking for $1,000. While I took the image down immediately, I am still being told I owe $1,000. I have contacted my web hosting company and ofcourse asked them to handle the situation but don't have faith that it will be done. In searching the internet I have seen many posts calling Getty Images practices extortion.

I would appreciate any help. Thank you.

Rick


Asked on 11/28/11, 3:01 pm

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I think you would be well served having a lawyer write a letter on your behalf, and stop talking directly with them.

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Answered on 11/28/11, 4:20 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It is unlikely that you would owe them money since you took down the image. As such, you can either ignore it and see what happens or have an attorney send a letter proactively defending their claim.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 11/29/11, 1:15 pm
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

The owner of a copyright has certain exclusive rights, including the right to reproduce the copyrighted work (such as a photograph on a website). Anyone other than the copyright owner that uses that photograph without a license may be liable for infringement. �Innocent use" is not a defense to copyright infringement.

Getty Images is a corporation that goes after most infringing uses of their copyrighted photographs/images. However, before conceding to the demands of their Cease and Desist letter, we must (1) determine whether you actually have infringed their copyrights (2) and, if so, are there any defenses that may reduce or eliminate the amount of money that is owed.

I have specific experience in responding to copyright infringement notices, so feel free to contact my Atlanta office for additional details. (404) 496-4119.

*Comments provided are not legal opinion and do not establish an Attorney-Client relationship.

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Answered on 11/29/11, 11:14 pm


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