Tina L. Ralls, Esq.
63 South Seventh StreetThe Factory BuildingEmmaus, PA 18049Phone: (610) 928-1616 E-mail:email@example.com Fax: (610) 928-1617 Admitted to practice in PA and NYJanuary 17, 2013Getty ImagesATTN: Copyright Compliance Team605 Fifth Avenue S.Suite 400 Seattle, Washington 98104RE: Notification of Alleged Unauthorized Use of Image(Case Number: 1278175)Dear Sir/Madam:This letter is in response to your letter of November 27, 2012 to my client, AllentownToy Mfg. Co., wherein you assert that my client committed a copyright infringement of an image
“represented by Getty Images,” and demand a “settlement” payment
therefor, in the amount of $875.00. Please be advised that my client must respectfully decline your offer to settle thisalleged copyright infringement. Please also be advised that any further correspondenceconcerning this matter should be directed to my attention, at the above address.First, I note that
the “settlement” amount you seek is in excess of the highest price you
charge for the licensing of this image on your website,
, $815.00 for a five-year license; assuch, this demand is an excessive and unwarranted attempt to obtain liquidated damages for thisalleged infringement, despite the absence of any legal basis for same.Contrast Grant HeilmanPhotography, Inc. v. McGraw-Hill Cos.,
., 2012 U.S. Dist. LEXIS 168550, *24 (E.D. Pa.2012) (noting basis for liquidated damages demand contained within agreement between the parties). Significantly, and without conceding any part of your accusation herein, any allegeduse by my client of the Getty image at issue on itswww.tshirtguns.comsite was, at most, fleetingand unintentional and does not, without more, provide a basis for seeking liquidated damages.Y
our threat to seek a recovery of “profits” from my client’s alleged use of the image at
issue is similarly baseless, as my client stands ready and able to establish that no such profits
exist. Moreover, as this image is not in use on my client’s website –
nor will it be in the future
there is simply no cause for a lawsuit against my client, nor a threat of same, in order to preserve
the rights of the image’s owner.
So, too, your assertion that this image is not available on a ‘royalty
free’ basis is belied by your own website, which
presents this image as such. (See enclosed ). Consequently, any calculation of purported licensing fees would
necessarily need to take this into account, which your “settlement demand,” by its own terms,
see page 8, does not.