[kingdoz]

Hi Guys,

I would like some comments and ideas of what to do now... Has anyone had any dealings with getty and breach of image copyright?

We built a small website for a client and an old designer who worked for me from India, used google images to find some images for the website. I think he took the images from another website or something without giving it a second thought, which I know is wrong but I cant check these things all the time.

Anyway, a year later my client gets a letter from Getty threatening to sue for breach of copyright for 2 images which they say is theirs. My client phoned me up in panic.

I immediately removed those images, but our client received another letter from Getty demanding £2937.50 for using those 2 small images otherwise they will sue and they say it doesn't matter that we removed them as they have already been used. Its a crazy amount to pay Getty for 2 rubbishy photos anyway (they charge approx £100 each for them but because we used illegally they can charge nearly £1500 in their small print). We had no idea they originally came from Getty anyway when found on google and this Indian chap now disappeared.

Does anyone know if they indeed will sue our client or us, or are they just flexing their muscles? Any advice or will be appreciated.

Thanks - James

[finbarr]

I'm afraid you havent got a leg to stand on. getty employ a whole team of people to surf the net looking for their images and they are pretty hot on taking people to task that have used their stock illegally.
The fact of the matter is you shouldnt be using images from google anyway - at least not in their original format... they belong to someone as well. Use them for sources for illustrations or patterns/etc for sure but dont just download and basically steal them. You can go to image banks that are not as dear as Getty and sometimes even free.

Sorry if thats not what you wanted to hear

[Dusteh]

I think you are buggered, if you got a cheap indian designer to work under your company name, the client will be looking to you to foot the bill.

[cam]

Originally Posted by Dusteh

the client will be looking to you to foot the bill.

I know I would be anyway. Totally irresponsible.

[oli]

The old 'indian designer' ploy eh

[Mr Fred]

just offer to buy them - they offer amnesty.

Just say "we didnt know and that we are more than happy to buy them"

[gray]

buy getty? bit extreme that

can see it working though

[smallbeer]

interesting article - http://online.wsj.com/public/article... main_tff_top

it seems in this case though that Getty have gone passed the cease and desist stage. I'd write a letter to them explaining the situation. I'd also contact my solicitors.

this type of thing should be covered in your terms and conditions, either between you and the client, or you and your contractors.

unlucky. funny how it's always the fault of "the outsource" or "the freelancer we had working for us".

[datahound]

fold the company and phoenix it.

Relaunch as Bombay Design (UK) Ltd

[kingdoz]

Unfortunately, Getty never gave an opportunity to cease and desist. If that was the case the it would have been dealt with immediately and yes... I do use Indian contractors...

[Dusteh]

I once had to do some work for a client who had also employed an Indian designer to create an updatable website.

I had to create the graphics to skin this Indian guys code... however, I never got to see any code, or measurements. Instead I was asked to create a stupidly detailed graphic layout - which I kept pointing out would never optimise for the web. The end result was a shite super-detailed flash mess that took minutes to load, and this was for a site that was supposed to encourage people to visit on a daily basis. The code was not of this planet.

Never even got fucking paid, client in America so tricky to track down - learnt from that one. I would embarrass the site if I could remember the URL... it was called Tuned and had something to do with barry-boy cars American-style. Hope its dead.

[ksudesigner]

Yeah you're screwed man. Getty can't sue you directly, but you can be sure your client will. It falls in your lap because even though you don't have time to check for copyrighted images, you should make sure your employees understand what photos they may or may not use. Basically if you never paid for a photo, it's probably illegal to use (though there are a few free stock photo sites around), and since it's your company you are ultimately responsible. Good luck in your court proceedings, ha!

[Brown]

Originally Posted by kingdoz

I think he took the images from another website or something without giving it a second thought, which I know is wrong but I cant check these things all the time.

you've set yourself up there. where did you think the images were coming from? did you not check the copyright on any of the images used? i'd be sure to do a careful audit of everything on that site immediately. do you have professional imdenmity insurance - that might cover you. oh, and good luck.

[indranil]

Damned Indian idiot designers!! Oh wait!

[datahound]

very good!

[finbarr]

Originally Posted by indranil

Damned Indian idiot designers!! Oh wait!

haha

[d*d]

Originally Posted by indranil

Damned Indian idiot designers!! Oh wait!

It's not just Indian designers, we have plenty of cowboys over here who do the same thing, so it's cowboys and indians.

ha ha aha hah

[ilostmypassword]

Pay it and move on. And oh.. don't steal other peoples work

[spiderman]

I too would be interested in a followup post from Kingdoz. I received three letters from Getty Images and they are really stressing me out. I designed two web sites for my children and got photos from the web. Now Getty want £15,000 from me.

I know that some posts here are not at all concerned with how people feel but this is very distressing.

Any update on what to do would be appreciated.

[gray]

my word. good luck.