So upset: cease and desist settlement demand!

[Verve Designs]

No- I wouldn't have thought so.

But let's be clear about this, stick to these rules and you'll be fine-

1. Only use pictures you have bought. You must keep any transaction information (i.e. Payment info or order confirmation). If it's been done electronically, print it out.

2. You can also use pictures that you've been given by your suppliers. Again, same rules, keep any "proof" that you've been allowed to use them.

3. If you've purchased a picture, check the license. Not every picture can be used for any purpose.

4. Don't use images of celebrities- for example, I've had someone ask me this morning to use an image of Marilyn Monroe in a logo- which is illegal.

5. If you're going to pay for a photographer to use his or her images, check out the terms of agreement on the use of the photos.

6. If you're lucky enough to find some "free" images, check check and double check if they are actually free for commercial use.

No-one is going to get sued for using an image in a kids homework, or for showing someone Rhiannas latest hair-cut via Facebook.

The difference is that the OP (lets be honest here, regardless of age, or how small a business she might represent) - is trying to make money using images she ought not to. That's how these companies see it. And its pretty black and white.

Stick to those points and you'll be fine- and if you're unsure, ask a professional.

 

[Misschatterbox]

We had this with our website a couple of years ago. Getty images are a genuine company and won't accept that simply removing the picture is enough, they state they still require payment for it. They must have people trawling the net for us small guys and the legal jargon contained in the letters can be scary!

We held our nerve and said that we had removed the image and would have to wait for them to take us to court. ..we are still waiting 5 years later. Makes me wonder how many people pay up for fear of legal action but maybe it would actually cost them more to pursue it through court? Maybe take some legal advice to see where you stand and try hold your nerve? Good luck xx

Sent from my GT-I9300 using SalonGeek

 

[Lipstick Kisses]

Can I just say I wasn't 'trying to make money' from using the image. I had a bit of space in the bottom corner of a page and thought the image looked nice =) no one hires a make up artist for their wedding because of their excellent use of a champagne glass picture =p I would never claim someone else's image as my own I just thought it was a generic image! I realised putting up pictures of other peoples nail art etc would be stealing but I thought a champagne glass would be pretty safe! I should have been more careful clearly =(

 

[Verve Designs]

Can I just say I wasn't 'trying to make money' from using the image. I had a bit of space in the bottom corner of a page and thought the image looked nice =) no one hires a make up artist for their wedding because of their excellent use of a champagne glass picture =p I would never claim someone else's image as my own I just thought it was a generic image! I realised putting up pictures of other peoples nail art etc would be stealing but I thought a champagne glass would be pretty safe! I should have been more careful clearly =(

Of course you were trying to make money from the images. Were you working for free?...

It's harsh, I know, but the fact is that you're a business.

 

[Lipstick Kisses]

We had this with our website a couple of years ago. Getty images are a genuine company and won't accept that simply removing the picture is enough, they state they still require payment for it. They must have people trawling the net for us small guys and the legal jargon contained in the letters can be scary!

We held our nerve and said that we had removed the image and would have to wait for them to take us to court. ..we are still waiting 5 years later. Makes me wonder how many people pay up for fear of legal action but maybe it would actually cost them more to pursue it through court? Maybe take some legal advice to see where you stand and try hold your nerve? Good luck xx

Sent from my GT-I9300 using SalonGeek

Yes some people have advised to hold it out after removing the image but I'm scared they will take me to court and il have to pay more!! But I have see lots of posts on the net saying people removed the image but refused to pay and they haven't sued them. I think a lot of them got threatening letters for ages but it stopped eventually. Just don't want to be the 1% that actually get sued!

 

[LilMissEmmylou]

I knew about copyright but I didn't think a company would go as far as sending a bill to a mobile beautician.

Lets try scaling it down. The fact is the images are how not only getty but the photographer who took the image make their money. I think they have every right to be upset and if I was a photographer loosing income I would hope that the company who were selling my work would help me recoup my losses.

Let's think of it in beauty terms - if somebody was able to somehow get a member of your staff to give them free treatments using your products would you be upset? Further still, as the images make your site look good it is deemed that it is in someway helping you make money as well. A bit like the reason we pay PRS licences as the music gives our salons a better feel for the customer.

 

[Baggybear]

.......Stick to those points and you'll be fine - and if you're unsure, ask a professional.

I have only used photgraphs I have taken myself on my website.

Should I be worried?

I thought the best way to avoid costs for using images etc.. was to take my own photos. They are just pics I have snapped with my mobile phone so nothing exceptional but the photos are all taken by me.

 

[Verve Designs]

I have only used photgraphs I have taken myself on my website.

Should I be worried?

I thought the best way to avoid costs for using images etc.. was to take my own photos. They are just pics I have snapped with my mobile phone so nothing exceptional but the photos are all taken by me.

You'll be fine. YOU own the intellectual copyright to those pictures if you've taken them yourself. In fact, you could sue someone for using them if you saw them on another website.

If I design a logo for someone, I transfer the intellectual copyright over to the client as well. As "we" created the content.

Same principle.

 

[Male Waxing]

Don't pay those douche bags a penny. They would have to establish that they suffered damages as a result of you using the images. These companies send out 1000s of these fishing for some settlements. Write saying you have removed the images "without predudice" and consider the matter settled. If they write again offer 60p (without predudice save as to costs) to cover the cost of the postage.

 

[hazelb]

Getty images are very much a legit company. They are commonly used by the press for stock images of celebs among other things.

At the time I got involved I think you will find the company wanting payment is a Irish one set up specicically with the purpose of persuing people, telling them they have breached copy right and then offering them a 'Pay up and we'll go away' demand instead of threatening them with possible court action.

It is an arm of Getty, but their sole purpose is to make money that way ( you can tell I'm still bitter lol )

On the FBS foums, some people paid up, some people ignored the letters, some negotiated, some got solicitors to write ( as I did ).

There was a feeling that of every 1000 letters sent out, maybe 50-80% paid up straight away, some negotiated lower payments and getty were only interested flagrant breaches of copy write. They often didn't seem to follow up others who used solicitors/ ignored letters.

 

[adventuregirl]

I have only used photgraphs I have taken myself on my website.

Should I be worried?

I thought the best way to avoid costs for using images etc.. was to take my own photos. They are just pics I have snapped with my mobile phone so nothing exceptional but the photos are all taken by me.

Same here. I bought all my props and took my own photographs.

Also, I'm intending on using my (Verve Design) logo. Is that okay? :/

Edit: Just saw answers to everything I was wondering


Sent from my GT-I9300 using Tapatalk 2

 

[Verve Designs]

Don't pay those douche bags a penny. They would have to establish that they suffered damages as a result of you using the images. These companies send out 1000s of these fishing for some settlements. Write saying you have removed the images "without predudice" and consider the matter settled. If they write again offer 60p (without predudice save as to costs) to cover the cost of the postage.

That's pretty dangerous advice I have to say. You need to take "proper" legal advice on this.

Another point I wanted to make is that there are loads of unscrupulous designers (and printers!) out there who will use copywritten photos and material if they're designing you a a website or stuff for print. They "borrow" them by the sackful via FileSharing software.

Obviously a really great picture can make any design look fantastic almost without effort, and if they're "cheap" obviously it looks like great value.

However, what most people don't know is that the designer is NOT responsible for the images used. It's down to the client to check, and it will be the client (and not the designer) who will get the bill.

Honest designers will ask the client to pay extra for photos, or (like me in many cases as I'm dealing with people on a budget) will not use them at all.

 

[Lynne Baker]

Something to be aware of is this.

If you take a photograph of your nail work with the hand clutching a bottle of the relevant product, do you have permission to photograph the product?

I've had to take images of some of our products because the manufacturers couldn't provide them. I showed them the images first before I used them on our website because, despite their inability to provide us with images, the products are theirs, and one needs to understand about brand identity.

 

[SerenityNailz]

Something to be aware of is this.

If you take a photograph of your nail work with the hand clutching a bottle of the relevant product, do you have permission to photograph the product?

I've had to take images of some of our products because the manufacturers couldn't provide them. I showed them the images first before I used them on our website because, despite their inability to provide us with images, the products are theirs, and one needs to understand about brand identity.

What do you think about this pic of mine? Should I contact CND and ask if its ok to use as its a bottle of dsperse or am I worrying to much?

x

 

[SerenityNailz]

What do you think about this pic of mine? Should I contact CND and ask if its ok to use as its a bottle of dsperse or am I worrying to much?

x

And this one - arrgghhh now I'm worrying!

x

 

[Lynne Baker]

If in doubt, check!

 

[Verve Designs]

What do you think about this pic of mine? Should I contact CND and ask if its ok to use as its a bottle of dsperse or am I worrying to much?

x

You'll probably be ok- most of those companies are more sensible and less litigious than Getty.

But, without want to sound like TOO much of a smart-a*se (what me?) you could have asked them in the time it's taken to ask us

 

[CHarvey]

I think calling Getty unscrupulous and douch bags is a bit below the belt tbh
This is how they make money! It's their livelihood along with the contributing artists! If I sold a design to Getty and later saw it on a website and hadn't received my commission for my work I would be annoyed!

 

[Verve Designs]

I think calling Getty unscrupulous and douch bags is a bit below the belt tbh
This is how they make money! It's their livelihood along with the contributing artists! If I sold a design to Getty and later saw it on a website and hadn't received my commission for my work I would be annoyed!

Yes, it's really heavy handed. But those companies have a duty to their contributors. Who are photographers who are all probably small one-man bands like many of us on here.

If a photographer isn't confident that her or his photos arent going to be "protected" by the company they're selling them via- then they won't use them, and both Getty (and the likes) and the photographer are out of pocket/business.

I hate having to defend "big business", and I'd love there to be more free resources for small business- but you have to see it from their point of view.

 

[CHarvey]

Yes, it's really heavy handed. But those companies have a duty to their contributors. Who are photographers who are all probably small one-man bands like many of us on here.

Of a photographer isn't confident that her or his photos arent going to be "protected" by the company they're selling them via- then they won't use them, and both Getty (and the likes) and the photographer are out of pocket/business.

I hate having to defend "big business", and I'd love there to be more free resources for small business- but you have to see it from their point of view.

I do lol