Thursday, March 31, 2005
It's Over
I got a certified letter in the mail this afternoon along with this email from Getty Images, Inc. I might have to pay upwards of $150,000 in resitution! I felt that I owed you all an explanation for why I have to quit doing this blog. Here is the email that I received:
Dear T. Miguel Vanegas, owner of PinkIsTheNewBlog.com:
It has come to our attention that you have made an unauthorized use of copyrighted photographs (the "Work") belonging to Getty Images, Inc. in the preparation of a work derived therefrom ('Pink is the new Blog'). My company has reserved all rights in these photographs, first published as far back as 2001, and have registered copyright therein. Your work entitled 'Pink is the new Blog' is essentially identical to the Work and clearly used our photographs as its basis. Entries dating as far back as July of 2004 have illegally used our copyrighted photographs.
As you neither asked for nor received permission to use our photographs for 'Pink is the new Blog' nor to make or distribute copies, including electronic copies, of same, we believe you have willfully infringed our rights under 17 U.S.C. Section 101 et seq. and will be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
We demand that you immediately cease the use and distribution of all infringing works derived from our photographs, and all copies, including electronic copies, of same, that you deliver to us, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of our rights in the future. If we have not received an affirmative response from you by April 15, 2005 indicating that you have fully complied with these requirements, we shall take further action against you.
Very truly yours,
James McIntosh
Getty Images, Inc.
I totally suck. I thought that I could get away with using whatever pictures I found and now I know that I was wrong. I have to pay for all the pictures that I used and therefore don't really feel like blogging anymore. I hope you all understand. I doubt that I will start blogging again. I think I've learned a valuable lesson. I'm sorry, and I'll miss you all :(
trent
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Dear T. Miguel Vanegas, owner of PinkIsTheNewBlog.com:
It has come to our attention that you have made an unauthorized use of copyrighted photographs (the "Work") belonging to Getty Images, Inc. in the preparation of a work derived therefrom ('Pink is the new Blog'). My company has reserved all rights in these photographs, first published as far back as 2001, and have registered copyright therein. Your work entitled 'Pink is the new Blog' is essentially identical to the Work and clearly used our photographs as its basis. Entries dating as far back as July of 2004 have illegally used our copyrighted photographs.
As you neither asked for nor received permission to use our photographs for 'Pink is the new Blog' nor to make or distribute copies, including electronic copies, of same, we believe you have willfully infringed our rights under 17 U.S.C. Section 101 et seq. and will be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
We demand that you immediately cease the use and distribution of all infringing works derived from our photographs, and all copies, including electronic copies, of same, that you deliver to us, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of our rights in the future. If we have not received an affirmative response from you by April 15, 2005 indicating that you have fully complied with these requirements, we shall take further action against you.
Very truly yours,
James McIntosh
Getty Images, Inc.
I totally suck. I thought that I could get away with using whatever pictures I found and now I know that I was wrong. I have to pay for all the pictures that I used and therefore don't really feel like blogging anymore. I hope you all understand. I doubt that I will start blogging again. I think I've learned a valuable lesson. I'm sorry, and I'll miss you all :(
trent
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