DPSikes

I really didn't want to go this route, but I'm getting crickets contacting Cybershare support about this and need some suggestions on what to do.

I've had eCover Studio software for about 5 years and have used it to make dozens of covers for ebooks, reports, teleseminars, etc. Sometimes I use their template images for these covers, sometimes I use my own.

Anyway, earlier this week I got a whopping $875 bill from Getty Images for using one of the eCover Software template images on my site. I had no idea I needed a license to use it, and told Getty that there must be some mistake, that I bought the image as part of a software package. They don't care, they've never heard of Cybershare or eCover Studio, I'm liable and to send them a check ASAP.

I went straight to the Cybershare website (ecoverstudio.com) to get to the bottom of this and used their contact form (no phone number) to contact them. Twice. I've also used their "instant chat." No response to anything. That was earlier in the week. Now the software is suddenly "No longer available" because they're "making updates."

R-r-right.

Sounds like they're playing c-y-a and I'm gonna be the one left holding the bill.

Anyone else run into this kind of problem with this company or any other? Any suggestions?

bit twiddler

Getty is a BIG company, or they would have you believe that. Companies like this don't always properly track their licensing agreements with other firms. Keep in mind, it will cost them more to pursue this in the courts than they can possibly collect. If you are the innocent victim of foul play, then the courts will likely favor your position as long as you discontinue use of the images. I would relay this to Getty, that you are discontinuing the use of the images while you comfirm their "rights" to the images. Demand from them evidence that they have exclusive rights of distribution and that Cybershare has no entitlements. One of two things will happen, they will either give you evidence or they won't. Upon either response, I recommend telling them that you have referred the matter to your local district attorney for review to verify whether or not Getty and /or Cybershare is making a fraudulent claim. This will make them sit up and take notice and likely reduce their efforts to a warning to discontinue use of the images. If they do pursue, I reccomend getting all of the emails and responses as well as your product reciept into the hands of your local District Attorney and tell them you are possibly innocently caught up in some type of fraudulent behaviour between two companies. They will have the power to cause both firms to use legal measures to prove their substantive rights to the images which in the end will be far more than they would collect. The DA will likely inform both parties they are part of a fraud investigation and that you are an innocent bystander as well as order them to cease any further action against you. Be aggressive and not passive. Put the burdens of proof on them!
T J

DPSikes

Hi TJ,

Thanks so much for your help! I will certainly look into doing this. Appreciate the response!

Diana

thesuccesscoach

wow diana i feel for you on this one.

I know this came up before with regard to an images package that was being marketed

man don't know what to say

keep us updated

and best of luck