Getty Images Extortion Letter

Just before Christmas last year I receive a rather bullish letter from our friends at Getty Images. The letter basically said I was using an image without permission on a website I created around 10 years ago. I can’t say for sure where I got the image from all that time ago but I would like to think that I wouldn’t have just Google’d the image or something similar.

The image is actually heavily modified from the original. I had to do quite a bit of photoshopping to actually determine whether it was the same image or not. It had definitely been matched via an automated robot/spider. 

Anyway, getting back to the contents of the letter… It demands I pay £1000 excluding VAT which is a figure they appear to have pulled out of there ass hat! 

I’ve sent them an official response which reads as follows…

Dear Sir/Madam,

  Many thanks for your letter informing us of the possible copyright infringement involving the referenced image. We acknowledge and accept your letter as a “cease and desist” notice and have removed the image with immediate effect.

We are unsure of the origins of the referenced image and wasn’t aware of any infringements. The image on our site has been heavily modified from the original you have produced and find it hardly recognisable. We are unable to contact the original designer so cannot find out whether he has the rights to use this content so are removing it regardless. No profit has been made from the image at all.

  We recognise no validity in your invoice and would question why a less bullish “cease and desist” notice was not issued prior to this demand. I would also like this opportunity to remind you of the following…

The Copyright, Designs and Patents Act 1988 (c. 48)

“97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy.””

It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety.”

 Yours sincerely,

Lee Casey

I believe they are bordering on Section 40 of the Administration of Justice Act 1970 with their aggressive natured letter. 

Needless to say I won’t be paying them as I don’t believe I should. It almost seems like a scam to me. If I knew I took this image from their site maybe I would think different but I know I didn’t. 

For the sake of anyone else in the same position (and I believe it’s thousands) I will keep you updated and see if they actually proceed with taking me to court.