A agreement demand letter is a formal offer from someone to go into into an agreement with them to settle a legal dispute. The terms used in settlement demands generally ask an alleged offender to pay a positive sum of money with the agreement made that if they pay the quantity "demanded" the person or business will give up all different prison rights to take similarly prison movement (inclusive of the right to sue you) for any claims they may have in opposition to you.
About Getty Settlement Demand Letters
If Getty Images has despatched you a demand settlement letter asking for payment for the usage of an unlicensed photo(s) on your internet site, you have got possibly been despatched separate felony needs:
- A cease and desist order (do away with the pics); and
- A settlement provide so that you can pay them cash and in go back, Getty will not take in addition criminal motion in opposition to you.
The give up and desist component is straightforward to comply with: just get rid of all copies of the snap shots from website and weblog pages and the real pix documents from your server. The faster you do this, the extra it will likely be on your prison advantage. If you're sued, a judge will examine whether or now not you straight away complied with Getty's stop and desist order. If you probably did no longer comply or did now not comply within a reasonable time body, you may be held answerable for greater damages.
Be sure to inform Getty in writing (or get the name of the consultant at Getty you communicate with in case you inform them via smartphone) as quickly as you have eliminated the photo(s). The "call for" part is not as easy as the "settlement provide" may be inappropriately high, or you may trust you're harmless. It is important to do not forget a few things if you are deciding whether or no longer to disregard the call for:
- Even if you did now not location the pics on your website yourself (i.e., your internet clothier did, or the image(s) came with a template you got) you could still be held liable for copyright infringement. Ignorance is not a defense and it's going to no longer get you off the hook.
- The law does now not require you to pay the quantity within the demand letter, and Getty will probable negotiate a decrease fee in case you beat back, but, in case you do no longer respond you may locate yourself in deeper prison problems consisting of being sent to a set organisation, situation to constant harassment, or even get sued.
- Getty Images has a license compliance branch staffed via low-salary workers who're regularly law college students and aren't familiar with the nuances of copyright laws. For this purpose, it's miles often very hard to persuade Getty to forestall pursuing you.
If you can't pay the call for, are being pursued falsely, are out of doors of a statute of boundaries, or Getty themselves has now not furnished evidence that they actually have the rights to the pix they're asking damages for, you ought to don't forget hiring your personal attorney.