an interesting message from a Getty "Copyright Compliance Specialist "

[Robert Krausankas (BuddhaPi)]

This appeared in my in-box this morning, pay attention to the second paragraph as there is some very interesting points regarding registrations and what not.. ( I have obtained permission to freely post this message )

Thoughts? Feedback?

Xx. XXXXX:
We are in receipt of your letter. With respect to the discounted settlement amount, you need to realize that the discount was made in consideration of the circumstances that you described. Commercial Use means that since the image in question was found on a mission statement page for XXXXX, that is promoting the business or commercial position of the company. There is no requirement for a commercial presence to be profitable before licenses are required. Our offer to settle this matter for removal and $400 will remain in effect until June 30, 2012.

Copyright exists the moment a photograph is created and copyright registration is not a requirement of copyright ownership. Getty Images does not own the image. Getty Images has contracts with its contributing photographers who are the copyright holders and owners of the images. The contributor agreement contains representations and warranties that the contributor is the sole copyright owner. Consequently, Getty Images does not require contributors to provide Getty Images with certificates of registration and leaves the option of copyright registration to the individual photographer. Due to confidentiality concerns, Getty Images does not provide copies of our contributor contracts or copyright registration at this time.

Xx. XXXXX, we appreciate your time and attention to this matter. We hope we will be able to come to an amicable resolution. Let me know if you have any questions.
Nancy Monson
Copyright Compliance Specialist
nancy.monson@gettyimages.com

[Mulligan]

Consequently, Getty Images does not require contributors to provide Getty Images with certificates of registration and leaves the option of copyright registration to the individual photographer. Due to confidentiality concerns, Getty Images does not provide copies of our contributor contracts or copyright registration at this time.

In other words, we have no legal standing to demand a dime from you, but we're going to count on you not understanding that. So send that check for the reduced settlement demand right now.

[Jerry Witt (mcfilms)]

Translation: "We don't hold the copyright. We don't even know for sure the person who submitted the photo holds the copyright. We didn't bother to register the image. We don't know if the person that took the photograph registered the image. Now just send us 400 bucks, Okay?"

[Robert Krausankas (BuddhaPi)]

Somehow i get the feeling that the head cheese Lisa Wilmer will be having a discussion with copyright clerk Nancy Monson, wouldn't surprise if she has to sit down with the copyright cow "again" and slap his peepee for his latest and greatest blunder..

[Matthew Chan]

I would say that Nancy wasn't too smart in writing that message. This only confirms what we already suspected and know to be true about Getty's habits.

[SoylentGreen]

She's gonna get fired for that. lol.
I'm serious.

You guys know that she just let somebody completely off the hook, right?

S.G.

[SoylentGreen]

Also, check her linked in profile:

http://www.linkedin.com/in/nancymmonson

I thought that she was just some college drop-out.

Also, look at the "Happy Lawyers 8000+" logo on her linkedin.
That "smiley face" is copyrighted, I bet.

S.G.

[Robert Krausankas (BuddhaPi)]

She's gonna get fired for that. lol.
I'm serious.

You guys know that she just let somebody completely off the hook, right?

S.G.

I'm sure there are dozens of coffee swilling & out of work college students, just waiting to take that warm seat that she is currently sitting in..

[Robert Krausankas (BuddhaPi)]

you beat me to it!

A highly motivated paralegal with broad experience in copyright, corporate, real estate and licensing law. Strong interpersonal, professional, managerial and legal skills. Customer oriented. Organized and versatile. Oral and written communication abilities as well as excellent negotiating and problem solving skills. Deep experience with communication styles with all types of people; able to respond to time sensitive matters; and a detail oriented team player.
Exceptional skills regarding judgment and initiative. Strengths include:
•   Negotiation - FAIL
•   Problem Resolution - FAIL
•   Corporate Structure and Maintenance
•   Due Diligence - EPIC FAIL
•   Non-Disclosure Agreements - FAIL
•   In-bound and Outbound Licensing- FAIL
•   Sales and Transactions - FAIL
•   Mergers and Acquisitions

Also, check her linked in profile:

http://www.linkedin.com/in/nancymmonson

I thought that she was just some college drop-out.

Also, look at the "Happy Lawyers 8000+" logo on her linkedin.
That "smiley face" is copyrighted, I bet.

S.G.

[Matthew Chan]

By admitting this, even the whole $200 for innocent infringement is off the table. Now, this is about actual provable damages which is going to be very difficult in most small cases.

She's gonna get fired for that. lol.
I'm serious.

You guys know that she just let somebody completely off the hook, right?

S.G.

[Mulligan]

I've added Nancy's second paragraph to the piece I'm working on. It jives very nicely with the comments from Getty's CEO, Robert Klein. This people are doing a wonderful job of digging their own graves.

[Greg Troy (KeepFighting)]

Yeah, if this is the case it doesn’t look like Getty really doesn’t have much to stand on if they would be crazy enough to go to court.  This lends to what I have been thinking for a while, if Getty had registrations that would stand up in court then they would be providing them as an incentive for their letter recipients to settle their cases.  I know in my last and final letter I told them that I would not pay any settlement, even if we could agree on a reasonable number (like loserboy’s settlement...great job again loserboy) without them providing proof they have the legal right to peruse and collect on the image.  Now that this letter is out there and can be quoted in extortion demand letter replies I think Getty’s life has just become much more difficult.  We should consider sending Ms. Monson an ELI team player award for the aid in the defense of letter recipients.

[Robert Krausankas (BuddhaPi)]

Specially Formulated for those stressful days

http://www.palmbeachdns.com/lisa_wilmer_fp.jpg

[Khan]

If I read correctly:

Everybody would be able to  sign a contract with GI, delivering a photo which does not belong to him/her and nobody on GI side is double checking it as long as the person warrants it is his own.

Perfect world

If you would do this with cars as a car dealership you will be out of business within minutes

[aimiyo]

If I read correctly:

Everybody would be able to  sign a contract with GI, delivering a photo which does not belong to him/her and nobody on GI side is double checking it as long as the person warrants it is his own.

Perfect world

If you would do this with cars as a car dealership you will be out of business within minutes

Thats pretty funny , some one should send this to the Nigerians who can collect from Getty as opposed to picking on people who really believe that a Barrister from South Africa wants to send them a million dollars just to use their bank account.