sample pictures - copyright

Help - I used a "sample picture" on my website and now Getty is after
me.
I usually use my own pictures but for some reason saw the "sample
public pictures" and used a tree! I am not sure what the consequence
will be but this is warn ALL users that if you think it is free to use
it is not. It was a moment of stupidity, I do not just use pictures from
the internet but because it was with vista i did not give it a second
thought - big mistake.
Any advice would be welcome


--
gardenlane
Posted via http://www.vistaheads.com

What is a Getty? Is it 'orrible?
http://www.microsoft.com/about/legal...s/default.mspx
--
..
--
"gardenlane" <> wrote in
message news:...
>
> Help - I used a "sample picture" on my website and now Getty is after
> me.
> I usually use my own pictures but for some reason saw the "sample
> public pictures" and used a tree! I am not sure what the consequence
> will be but this is warn ALL users that if you think it is free to use
> it is not. It was a moment of stupidity, I do not just use pictures from
> the internet but because it was with vista i did not give it a second
> thought - big mistake.
> Any advice would be welcome
>
>
> --
> gardenlane
> Posted via http://www.vistaheads.com
>

What is a Getty? Is it 'orrible?

Yes -


--
gardenlane
Posted via http://www.vistaheads.com

"gardenlane" <> wrote in
message news:...
>
> Help - I used a "sample picture" on my website and now Getty is after
> me.
> I usually use my own pictures but for some reason saw the "sample
> public pictures" and used a tree! I am not sure what the consequence
> will be but this is warn ALL users that if you think it is free to use
> it is not. It was a moment of stupidity, I do not just use pictures from
> the internet but because it was with vista i did not give it a second
> thought - big mistake.
> Any advice would be welcome
>
>
> --
> gardenlane
> Posted via http://www.vistaheads.com

" Any advice would be welcome"

Get a lawyer.

Getty Images whose copyright you may have infringed are notoriously
litigious.
If one of the images you have used is one owned by Getty Images and licensed
for use in Windows by Microsoft and the company Getty uses to scan the
Internet looking for unlicensed uses has found you, then you need to
potentially worry as they have a track record of not only going after the
infringement but seeking damages.
You may be interested in
http://en.wikipedia.org/wiki/Getty_Images
and the section
"...
Copyright enforcement
Getty Images uses a firm called PicScout to scan the web for unauthorized
and unlicensed usages of its protected images. Websites that are found to be
in violation are sent financial settlements that retroactively licensed the
image. However, the settlements also demand damages, which are said to have
been incurred against the copyright holder.
...."

--
Mike Brannigan

You're right to create your own images. I have a little lemon logo I use. I
went on the 'Net to find a good lemon. But after a time of looking and after
thinking about copyright and all the nonsense that goes on these days, I
decided instead to go to the store, buy some lemons and take my own
photographs. Although I know zip about photography, with a little bit of
imagination and the help of old Corel software, I created a very nice lemon
logo on my own.

I hope this is resolved amicably between you and Getty. Perhaps a phone
call? Get to someone in charge and explain what happened? You might mention
that it did say "sample". If sample shampoo comes to my door I use it, or
if there's a sample box of cereal in the mailbox I eat it. They put out a
"sample" photo - you used it in good faith that it was indeed a sample.

I'm not a lawyer and can't give legal advice, but it seems to me if you
could talk to a higher level boss there you could resolve things to
everyone's satisfaction. A simple matter shouldn't lead to bad feelings.

Saucy


"gardenlane" <> wrote in
message news:...
>
> Help - I used a "sample picture" on my website and now Getty is after
> me.
> I usually use my own pictures but for some reason saw the "sample
> public pictures" and used a tree! I am not sure what the consequence
> will be but this is warn ALL users that if you think it is free to use
> it is not. It was a moment of stupidity, I do not just use pictures from
> the internet but because it was with vista i did not give it a second
> thought - big mistake.
> Any advice would be welcome
>
>
> --
> gardenlane
> Posted via http://www.vistaheads.com
>

P.S.

You might read this through, if you haven't already, especially the part
near the bottom about Copyright:

http://en.wikipedia.org/wiki/Getty_Images

Saucy



"gardenlane" <> wrote in
message news:...
>
> Help - I used a "sample picture" on my website and now Getty is after
> me.
> I usually use my own pictures but for some reason saw the "sample
> public pictures" and used a tree! I am not sure what the consequence
> will be but this is warn ALL users that if you think it is free to use
> it is not. It was a moment of stupidity, I do not just use pictures from
> the internet but because it was with vista i did not give it a second
> thought - big mistake.
> Any advice would be welcome
>
>
> --
> gardenlane
> Posted via http://www.vistaheads.com
>

On Fri, 10 Jul 2009 10:45:34 +0100, gardenlane
<> wrote:

>
>Help - I used a "sample picture" on my website and now Getty is after
>me.
>I usually use my own pictures but for some reason saw the "sample
>public pictures" and used a tree! I am not sure what the consequence
>will be but this is warn ALL users that if you think it is free to use
>it is not. It was a moment of stupidity, I do not just use pictures from
>the internet but because it was with vista i did not give it a second
>thought - big mistake.
>Any advice would be welcome


You mean it was an MS provided sample? Tell them that. If so, they
licensed it to MS for inclusion and your use. Unless there was a
copyright notice included in Windows physically adjacent to the photo,
or a copyright notice on the photo itself that you ignored, they would
have one hell of a time getting a judgement against you.

You could review the EULA, but even if there is a clause in there for
the samples, I doubt any judge would hold you responsible to reading
the fine print before using windows.

Also note that they rarely take anyone to court - they are not going
to do it with a case as specious as this. If you have a friend who is
an attorney, gather you facts and have him spin off a darth vadar
letter back to them.