Atradius Collections (UK) Settlement Demand Letter
/2016
Your reference :
Case Numb
:
Amount :
.00 G
Re : Unauthorised Use of Getty Images Photograph
Dear Sirs,
IMPORTANT: FAILURE TO RESPOND TO THIS LETTER MAY LEAD TO LEGAL ACTION BEING TAKEN
AGAINST YOUR BUSINESS.
We have been advised by our client that you have used an image (or images) exclusively
representated by Getty Images for online promotional purposes without purchasing a
valid license for the use of the image(s).
Unauthorised use of the image(s) consitutes copyright infringement under the Copyright,
Design and Patents Act of 1988. Please be aware that copyright legislation provides
for strict liability, meaning that you can be found liable for infringement regardless
of your level of knowledge of the infringement or your intent. A FAQ from Getty Images
is enclosed for your information.
Our clients have provided you with a settlement demand together with a copy of the
image(s) in question and the usage found on your companys website.
We hereby demand payment of the full outstanding amount within 5 days of the date of
this letter; payment should be transferred into our bank account 20423165 SORT CODE 2018-15 IBAN Code GB38 BARC 2018 1520 4231 65 SWIFT Code BARCGB22 BARCLAYS BANK PLC
CARDIFF BUSINESS CENTRE PO BOX N 69 CF10 1SG CARDIFF, stating our reference number.
If you prefer to pay by cheque, we instruct you to make the bank cheque(s) payable to
ATRADIUS COLLECTIONS quoting our ref.
We urge you to comply with our request, if you do not respond we will have little
alternative but to advise our clients to escalate this issue through a law firm. If
done so, costs incurred, if legally recoverable, could be charged to you.
If you are experiencing any financial difficulties we are prepared to discuss the
possibility of a payment schedule or reduced settlement upon receipt of evidence of
your financial deterioration. Please contact us immediately with any payment proposal
you may have.
If payment has already been made, or you believe you have received this letter in
error, please inform us immediately.
Yours faithfully,
ROBERT BRISTOW
Atradius Collections
Tel. : +44 (0) 29 2082 4579
Fax : +44 (0) 29 2082 4508
r.bristow.collect@atradius.com
Frequently Asked Questions
Who is Getty Images?
Getty Images represents some of the worlds best photographers and filmmakers. Getty
Images has contractual agreements with its photographers to represent certain RightsReady and Rights-Managed imagery exclusively and to license the use of these images to
companies all over the world. The images Getty Images provides can be found in
magazines, websites, and billboards, marketing collateral, product packaging and mobile
devices, to name only a few. Getty Images, on behalf of itself and its represented
photographers and artists, is committed to protecting its imagery from unauthorised
use.
Somebody else created my companys website.
Getty Images understands that a third-party designer, former employee, or intern may
have been contracted to design and develop your companys website. However, if no
licenses from Getty Images exist, the liability of any infringement ultimately falls on
the company (the end user) who hired that third-party, employee, or intern. Getty
Images recommends that your company contact the third-party, employee, or intern to see
if any licenses from Getty Images surrounding the specific use of the images in
question exist. Please provide an invoice number or sales order number and Getty Images
will research as appropriate.
We have removed the images and now consider this matter closed.
Getty Images appreciates the removal of its represented images from your companys
website. However, removal of the images in question solves only part of the issue, as
Getty Images will continue to require full payment of the demand presented to settle
the matter and avoid further escalation.
We found these images on the Internet or the Getty Images website and thought they were
Royalty-Free.
Although Royalty-Free images from Getty Images are different from Rights-Ready and
Rights-Managed images, a license must still be purchased for Royalty-Free image use.
We didnt know these images were represented by Getty Images and had to be licensed.
Unfortunately, despite the fact that your company may not have known, this does not
excuse your companys unauthorised use, nor does it relieve you of the obligation to
pay the demand to settle Getty Images claim of copyright infringement. If no licenses
exist, you received the benefit of using the images in question on your companys
website without permission from Getty Images or its represented photographers. Since
the unauthorised use already occurred, payment for that benefit is necessary.
We purchased these images from a company we found online as part of a web template.
As the end user of Getty Images imagery, you are ultimately responsible for ensuring
that you have obtained the appropriate rights to use the imagery. That means that if
you acquire imagery from a web template provider or other such company, you are still
liable for copyright infringement if that provider or other such company did not
properly license the imagery for your use.
Why are you charging Irish VAT?
Getty Images International is an Irish resident company. Pursuant to Irish
regulations, legal settlements are subject to Ireland VAT. If your company
registered, please provide us the VAT number before the payment is made so
be charged. If your company is not VAT registered, the VAT will need to be
with your settlement payment.
VAT
is VAT
no VAT will
collected
