Getty Letter copyright extortion letter response

I got the response letter from this link: http://alj.orangenius.com/respond-getty-images-demand-letter/

Here is the exact response letter I used for Patrick Tai for Artist Defense:

—

12-1-17

Case Number: DP-93

To Whom It May Concern:

Thank you for your letter dated 11-21-17 notifying White Glove Cleaning Services, LLC (“SHORT COMPANY NAME”) that the website www.whitegloveny.com (“Website”) may have used an image represented by ArtistDefense, Inc., without authorization.

If the alleged copyright infringement did take place, be assured that it was entirely innocent and unwilling. However, until this matter is resolved, and as a good-faith gesture, the potentially infringing image has been removed from the Website, and any other location on our server, including any server backups.

As a proposed licensing fee does not determine copyright infringement damage awards while admitting no guilt or wrongdoing, we are willing offer reasonable settlement based upon the fair market value. As noted in Davis v. Gap, Inc., 246 F.3d 152 (2d Cir. N.Y. 2001);

“[C]ourts have construed “actual damages” by examining the fair market value of a license fee that the copyright owner would have obtained for the infringer’s use of the copyrighted material” . . . . “The question is not what the owner would have charged, but rather what is the fair market value.”

We have found dozens of nearly identical or similar images that could easily replace the image at issue here. In some cases, the photos are available for a fee while others require credits. Below find some of the many functionally identical images from comparable stock photo sites. All prices listed are for sizes equivalent to the image in question, approximately 500 x 500 pixels 72dpi (Low Resolution for web)

“Cleaning-Supplies-In-A-Bucket” (available on www.mediabakery.com for $45:  https://www.mediabakery.com/FLR0015282-Cleaning-Supplies-In-A-Bucket.html?usource=lc
“House cleaning product on wood table” (available on www.istockphoto.com for $12:  https://www.istockphoto.com/photo/house-cleaning-product-on-wood-table-gm493659432-77021625
“Unattended pre used bucket of cleaning tools” (available on www.istockphoto.com for $33:  https://www.istockphoto.com/photo/unattended-pre-used-bucket-of-cleaning-tools-gm123370142-8349422
“Bucket with chemical products on table over blurred bathroom background” (available on www.istockphoto.com for $33:  https://www.istockphoto.com/photo/bucket-with-chemical-products-on-table-over-blurred-bathroom-background-gm610225366-104702537
“Group of cleaning products” (available on www.istockphoto.com for $12:  https://www.istockphoto.com/photo/group-of-cleaning-products-gm149217539-12694052
“Cleaning 1” (available on stock.adobe.com for $9.99: https://stock.adobe.com/stock-photo/cleaning/103659545
“Cleaning Bucket and Supplies” (available on stock.adobe.com for $9.99: https://stock.adobe.com/stock-photo/cleaning-bucket-and-supplies/114089929?prev_url=detail
“Cleaning items in bucket on color background” (available on shutterstock.com for $14.50: https://stock.adobe.com/stock-photo/cleaning-bucket-and-supplies/114089929?prev_url=detail
“A Bucket with Cleaning Supplies isolated on White” (available on www.bigstockphoto.com for $.53: https://stock.adobe.com/stock-photo/cleaning-bucket-and-supplies/114089929?prev_url=detail
“Cleaning supplies in a green bucket” (available on www. depositphotos.com for $4.90: https://depositphotos.com/9595364/stock-photo-cleaning-supplies-in-a-green.html

Based upon our analysis of easy-to-find comparable images to the one at issue here, we calculate that a small sized, unremarkable image of a bucket containing cleaning supplies, has a fair market value of $20. As such, we are willing to offer ArtistDefense, Inc., $20.00, which is equivalent to the minimum 10-credit purchase on Getty’s iStockphoto.com site. We hope our offer will amicably and expeditiously close this matter.

If you choose to reject the above offer, we ask that you provide the following information to establish your rights to the Image and to further support your settlement demand amount.

Please provide proof of ArtistDefense Inc. right to manage the Image.
Please provide proof of proper copyright registration and the chain of title for the Image.
Please provide a clear explanation as to how ArtistDefense Inc. has determined the valuation of this image as being so far above comparable images.
Please provide sales data for the Image for each size and use.
Please detail your costs incurred related to the pursuit of this case.

We will expect and require the above information before proceeding further. Thank you again for notifying us of this alleged infringement. We respect and appreciate the fair and reasonable application of copyright law. I hope you find this settlement offer adequate to close this matter prior to both parties investing more time and resources.

Sincerely,

Joe Burnich, Web Designer
Big West Marketing Inc.

In agreement with Patrick Tai owner of the domain: www.whitegloveny.com

913 SW Higgins Ave, Suite 204

Missoula, MT 59803