Got Sued my website.. need advice

That might be an accurate statement for some jurisdictions, though quite likely incorrect world-wide: for clarity, it is better to be specific, especially in this "Business Forum".

 

WW

Yes, that's for the US.

Yes, that's for the US.

It’s not really a problem. You submit the registration then you send your demand letter.

It’s not really a problem. You submit the registration then you send your demand letter.

How many here have filed a copyright lawsuit? Most often it takes more than sending a demand letter. Very often the defendant will claim it was theirs, it was public domain, or just say "so sue me."

I have: that was one reason why I suggested that when we make statements, we ascribe specifics.

WW

How many here have filed a copyright lawsuit? Most often it takes more than sending a demand letter. Very often the defendant will claim it was theirs, it was public domain, or just say "so sue me."

Actually I have. I was referring only to the early steps. Not having registered earlier is no barrier. You can do it the same day you send your demand letter and the copyright office will catch up by the time you’re thinking about filing.

The OP joined Photo.net on the day his post was made , and has not been on the site at all since early December. You are talking to yourselves I'm afraid. Which is fine if that's what you're content to do.

That may well be so, but the information and advice could be useful to others, on either side of the fence.

The OP joined Photo.net on the day that post was made, and has not been on the site at all since early December

Correct, but thus far, the bulk of the 'new' conversation has been directed to a new member, who revived the original conversation.

WW

HI,

 

I got sued by a lawyer without any notice to pay for using a Getty image on my business website.

 

I have used a photo from google that is without any watermark and Still available online.

 

Also, I wanna mention that only a small part of the photo has been used on my website and when I use Google reverse-search on the image "the one that is on my website" nothing will show up on google.

 

What is the best move to do?

I need your help, Thanks.

I hope they take you for every cent you have. You stole property, it is as simple as that.

Pinterest is a unique business model. I discussed it with my attorney and the posts there a legally considered the images of the posting members. If you send Pinterest a take-down notice, they'll honor it immediately, but they've been tested in court and found not responsible as the infringer. You probably can't find an attorney to sue them and your likelihood of prevailing is slim.

Actually, it's the Digital Millennium Copyright Act (DMCA) that gives Pinterest Safeharbor from prosecution. They are not responsible for the infringement of their users so long as they remove those infringements (in a timely manner) when they are reported to them. The thing is, if they don't take them down or miss some of them they can be used for copyright infringement. I should know...I've sued them.

Actually, it's the Digital Millennium Copyright Act (DMCA) that gives Pinterest Safeharbor from prosecution. They are not responsible for the infringement of their users so long as they remove those infringements (in a timely manner) when they are reported to them. The thing is, if they don't take them down or miss some of them they can be used for copyright infringement. I should know...I've sued them.

Just how late in taking them down would they be liable? Does the law give a time frame?

The OP was probably convicted and executed, thus he hasn't been back.

That's a shame - I'll miss him.

I think that you should settle and never do something so stupid again.

As a Getty photographer, it's interesting to note that Getty has first right to sue whenever my images licensed to Getty are infringed. Guess what they do, they try to get the infringer as a customer. Hence, while my attorney might get me $3,000, Getty gets paid 100-bucks or less and I get 20% of that. To make matters worse, they're prone to sit on an infringement for months and are reluctant to release the right to sue.

Anyway, the point is, the photographer's contract with Getty probably does not allow him to sue you directly. If there were a lot of money involved, then I'd suggest contacting Getty to report the photographer and try to reach a settlement through Getty.

BTW, stealing a photographer's work and then coming on a photographers' forum to ask how to get away with it shows a high quotient of ignorance. Don't EVER do it again.