Be careful what you post on your blog (SSD mentioned)

[Jennilyn]

Back in 2007, SSD would do "From Our Blog to Yours" posts and sometimes there would be quizzes where you'd post the results on your blog to get a point toward your Sweet Rewards...

Well, today (6 years after my post!) I got an Unauthorized Use Notification telling me I needed to pay $850 for the use of a licensed photo on my blog. Turns out the photo in question was one generated for the results of the quiz "How Weird Are You".

I have no idea what to do! I am going to e-mail Getty about it. I hope I don't have to pay anything just because I took a quiz. They should take it up with the person who hosts the quiz, not me!

[breakingbrie]

This may be a different situation than this, but I actually came across this blog post yesterday: http://www.roniloren.com/blog/2012/7...your-blog.html

This girl was contacted by the photographer of the photo she used. Is the notice you got from the owner of the photo? I do think your situation is a bit different since the photo was generated... That's weird. I'm not much help, I've never blogged and I don't know much about it

[Jenn Barrette]

That is very weird. Especially that they are coming after you for a 2007 blog post. I would delete the blog post and let them know where the image came from and that you have deleted the post.

[Jennilyn]

I know Jenn, it's 6 years old and clearly made from a quiz.

I went through all of my posts that have quizzes on them and deleted the posts that have photos, but I kept that one up until this is figured out. After that I will be making my blog private as I don't use it anymore.

Oh, and Brie, this letter was from Getty Images because that's where the photo is licensed to. It does say who the photographer is on the site though. It's not even a nice photo...a women holding toilet paper rolls over her boobs. LOL

[marlathrall]

I would hide the post, respond that you have taken in down and it was a misunderstanding. Getty images is very serious about misuse of their pictures, but I doubt they would come after you for $850.

[Traci Reed]

crazy!

[Tracyfish]

That is crazy that they came after you. I went back and deleted all mine just in case. Hope you get it solved easily with them. Let us know!

[alinalove]

these things are stupid especially because you are so helpless. my dh had a case where he sold some bootlegs on ebay. he bought them in our usual music markets (in the pre-online days). the band through their lawyer wanted 1400 euro (about 1800 dollar) from him. he had no chance. even with a lawyer (a friend of us) he had to pay it.

i mean on the one hand i can understand every "rights holder". on the other hand i think it's a case to case thing and one has to consider if it is neccessary to demand money.

the thing is... usually it is not the person that has the rights (photographer) but the law firm going though the internet. they get their money from people like you, so they are not easy to get rid of most of the time.

i keep my fingers crossed for you!

[lovely1m]

Jeez, I used to do those all the time, too. Problem is I can't figure out how to access my old blog.

[k23m]

aw, major bummer! That stinks that you had to go through that and pay the money. Thanks for writing the article. I'm pretty sure I just have personal pics and scrapbook pages on my blog, but I'm going to go and double check!

[Jennilyn]

Well I haven't paid it Melissa, and I probably won't! We'll see what they say when they email me back, but I am calling their bluff. They won't go to court for such a little amount, especially when it's the quiz-makers fault, not mine!

[k23m]

Originally Posted by Jennilyn

Well I haven't paid it Melissa, and I probably won't! We'll see what they say when they email me back, but I am calling their bluff. They won't go to court for such a little amount, especially when it's the quiz-makers fault, not mine!

oh good! I must have misead that you had to pay....I hope you dont!

[webseitler]

Sounds like a scam to me... there's no way they can find YOU at fault for something like that. Most likely, they will be happy with the post being taken down.

But their issue is totally with the quiz site--not you! So odd...

[HeatherB]

Yikes! That's terrible. This article might be of some help here. Make sure you don't keep a hidden copy of the image anywhere on your web server (but maybe print out a copy for your home records).

This article is also quite useful, and one of the comments has these steps to take initially:

kent says:
January 13, 2012 at 10:45 am
As a web designer, I too have had web clients that have and are receiving “the letter” and invoice from Getty. May I recommend the following:
1. remove images in question from the site.
2. block external linking and or browsing to and of the images in question and the folder in which your images reside.
3. kindly demand proof of Getty’s ownership if the images including all purchase date and fees paid.
4. require them to provide their “unbroken chain of custody” for the image from their creation to current date.
5. tell Getty, and any other collection agency, that their invoice is “under dispute” so that you are then legally protected from further harassment and calls until all the facts are established, proven and verified.
6. remind Getty that you are not liable for any damages or fees related to the good faith use of said images if they were acquired BEFORE Getty purchased the rights or management of the images in question.
7. Inform Getty that they cannot control the past, present, or even future use of an image that was legally acquired BEFORE Getty’s acquisition of said image. They cannot “revoke” the original terms and conditions under which the images were originally acquired.
8. Demand that Getty establish that the images and display page in question were on a page that was “for profit” and on a page that was “navigable and part of the site’s architecture” and for “public use or consumption”, and not for “private use or private display purposes only”.
9. Send Getty a Invoiced “bill” for any additional unauthorized bandwidth caused by their Picscout robot on your server as this was an unauthorized invasion of privacy, without a court ordered warrant.
10. Require Getty to prove that the images in question were NEVER previously sold or distributed by another owner or library as Royalty Free of otherwise.
11. Turn the tables! 1000′s of letters and invoices should be sent, under separate cover, to Getty demanding high dollar amounts from them for Getty’s use of said images and require Getty to prove their ownership or management rights, and “clean chain of custody” of said images including purchase or contract dates, purchase amounts, author’s and creator’s information, etc..
12. Be sure to locate any receipts, CD’s, dates, etc. for libraries for the images in question.
13. If doing all this on behalf of a web client or yourself, demand that all further communications from Getty be in writing only, be directed to you or your attorney’s only – no telephone calls please.
14. File a formal written complaint with your State’s Attorney General, your local department of consumer affairs, and the local BBB.

[Jennilyn]

Finally got an e-mail back from Getty Images tonight that says "After a closer review of the circumstances surrounding this unlicensed display, Getty Images has decided to close the aboveeferenced case."

Awesome!

[Traci Reed]

Yay!

[MommaTrish]

GReat news!

[purple_colourz]

Originally Posted by Jennilyn

Finally got an e-mail back from Getty Images tonight that says "After a closer review of the circumstances surrounding this unlicensed display, Getty Images has decided to close the aboveeferenced case."

Awesome!

Good thing they decided to close the case.

[SweetMelissa]

That's great news,

[Tracyfish]

Whew....I know that's a load off your mind. yay!!

[lovely1m]

Glad to hear that. I had been posting those on mine, too, but I don't use the blog any longer and cannot remember the password at all to get back in.