Getty Images, 6 years latter.



  • Got a surprise email end of the day yesterday from Getty Images claiming we're using copyrighted material. The email does appear to be legitimate. The page they reference has been up for nearly 6 years now..... and you just now tell us this?

    Has anyone dealt with this sort of thing before?

    If we are using material that needs licensed then of course I'll take them down. Really, really annoying to get the notice after 6 years tho.

    For the curious, it's two images in our ingredients glossary. Precision Herbs PHMA Ingredients Glossary Be quick tho, I'm taking the two pictures of plants down for now till I get this dealt with.



  • @travisdh1 said:

    The page they reference has been up for nearly 6 years now..... and you just now tell us this?

    Did you notify them at the time that it was put up? If not, it's not like they get a notification and know to tell you ahead of time. The person whose image it is has to do a search for the image, have it come up, figure out how to contact, etc. There is no way for them to know that someone is using their image, it's pure luck that they find it.



  • @scottalanmiller Oh, I know and understand that.

    Apparently they're known for sending extortion letters, now that I've had a little bit of time to do some research on them.

    I really don't mind getting rid of them or paying a reasonable license fee. What they're asking for isn't what I'd call reasonable, it's just enough that most companies would pay rather than go to court.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions. Probably going to have to get a lawyer involved.



  • @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    Apparently they're known for sending extortion letters, now that I've had a little bit of time to do some research on them.

    I really don't mind getting rid of them or paying a reasonable license fee. What they're asking for isn't what I'd call reasonable, it's just enough that most companies would pay rather than go to court.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions. Probably going to have to get a lawyer involved.

    Oh that sucks. Is this a school site? A professor's personal pages?



  • @scottalanmiller said:

    @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    Apparently they're known for sending extortion letters, now that I've had a little bit of time to do some research on them.

    I really don't mind getting rid of them or paying a reasonable license fee. What they're asking for isn't what I'd call reasonable, it's just enough that most companies would pay rather than go to court.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions. Probably going to have to get a lawyer involved.

    Oh that sucks. Is this a school site? A professor's personal pages?

    It's a page that lists different plants that are often used by herbalists, just a list along with the best information about where they originate and such. Even scientific names of all the dull things people find dull and boring. It was difficult to put together because a lot of this sort of information is still locked up in books and hasn't gotten online or in databases yet.



  • @travisdh1 said:

    @scottalanmiller said:

    @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    Apparently they're known for sending extortion letters, now that I've had a little bit of time to do some research on them.

    I really don't mind getting rid of them or paying a reasonable license fee. What they're asking for isn't what I'd call reasonable, it's just enough that most companies would pay rather than go to court.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions. Probably going to have to get a lawyer involved.

    Oh that sucks. Is this a school site? A professor's personal pages?

    It's a page that lists different plants that are often used by herbalists, just a list along with the best information about where they originate and such. Even scientific names of all the dull things people find dull and boring. It was difficult to put together because a lot of this sort of information is still locked up in books and hasn't gotten online or in databases yet.

    This is one of the reasons that I create all content myself. I have never had to deal with plant availability though and I'm sure that will be/has been an issue for you. I'd say update us but this may take you awhile to resolve if you have to get lawyers involved.



  • Often the best answer is... go to court.



  • We had that happen to us.

    Someone designed a web page for us, and just used images he apparently wasn't licensed for. There were 3 Getty images, and they came after us for a pretty good sum of money.

    I called them, and negotiated a lower amount, but we definitely paid it, and learned a very valuable lesson. Or at least I did.



  • @BRRABill said:

    We had that happen to us.

    Someone designed a web page for us, and just used images he apparently wasn't licensed for. There were 3 Getty images, and they came after us for a pretty good sum of money.

    I called them, and negotiated a lower amount, but we definitely paid it, and learned a very valuable lesson. Or at least I did.

    Right. If it's a legitimate request then we really have no option to to pay for a license weather we leave the images up or not. Which I really don't have a problem with. Doesn't mean I'm not going to get a lawyer involved first.



  • @BRRABill said:

    We had that happen to us.

    Someone designed a web page for us, and just used images he apparently wasn't licensed for. There were 3 Getty images, and they came after us for a pretty good sum of money.

    I called them, and negotiated a lower amount, but we definitely paid it, and learned a very valuable lesson. Or at least I did.

    In that case, if you had an invoice, you could send them after the person that sold them to you. Likely you would have been much better off in court.



  • @travisdh1 said:

    Right. If it's a legitimate request then we really have no option to to pay for a license weather we leave the images up or not. Which I really don't have a problem with. Doesn't mean I'm not going to get a lawyer involved first.

    How do they know that you do not have a license? For that matter, how do you know? Why would IT be involved with content licensing?



  • @scottalanmiller said:

    @travisdh1 said:

    Right. If it's a legitimate request then we really have no option to to pay for a license weather we leave the images up or not. Which I really don't have a problem with. Doesn't mean I'm not going to get a lawyer involved first.

    How do they know that you do not have a license? For that matter, how do you know? Why would IT be involved with content licensing?

    I'm not, I wasn't, and they've been gone for 3 years now. So with 8 warm bodies, it falls to the troubleshooter. IT in very small business, it's not all IT.



  • @scottalanmiller said:

    In that case, if you had an invoice, you could send them after the person that sold them to you. Likely you would have been much better off in court.

    It was a friend who did it, and even with the Getty charge ended up being a good deal.


  • Banned

    @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions.

    No, it's very obliously a company site for someone who sells products. This is not fair use.



  • @Jason said:

    @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions.

    No, it's very obliously a company site for someone who sells products. This is not fair use.

    How did you determine that they sold something? I was under the impression that it was like a botanical guide offered freely online. I guess I just read into that, though.


  • Banned

    @scottalanmiller said:

    @Jason said:

    @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions.

    No, it's very obliously a company site for someone who sells products. This is not fair use.

    How did you determine that they sold something? I was under the impression that it was like a botanical guide offered freely online. I guess I just read into that, though.

    No, they just have a glossary section to help sell products, really still part of the sales.

    https://www.precisionherbs.com/product-list/



  • @Jason said:

    @scottalanmiller said:

    @Jason said:

    @travisdh1 said:

    @scottalanmiller Oh, I know and understand that.

    I'm also not sure if the Fair Use would cover those under the teaching, scholarship, or research exemptions.

    No, it's very obliously a company site for someone who sells products. This is not fair use.

    How did you determine that they sold something? I was under the impression that it was like a botanical guide offered freely online. I guess I just read into that, though.

    No, they just have a glossary section to help sell products, really still part of the sales.

    https://www.precisionherbs.com/product-list/

    Which is why I'm probably going to be getting the lawyer involved. It's outside my area of expertise now. Yes, we do sell products on the website, yet the pages they reference are information/education only.


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