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Author Topic: Here's Another Extortion Letter  (Read 11903 times)

Documentarian

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Here's Another Extortion Letter
« on: December 14, 2013, 08:13:27 PM »
Hello all! Time for another story. Facts of the case:

* I run a tiny non-profit religious org that draws maybe $25K.
* I'm trained in research and know more than most people about copyright. Not as much as Oscar does, I'm sure, but I know fair use and such well enough to have written on the subject for a popular periodical.
* As such I was VERY careful looking for images to use -- if it wasn't listed as free to use, I didn't use it.
* Apparently not enough so! My demand letter identified two images on the website as theirs. That's out of hundreds I have. I posted the images some 5-6 years ago so I can't recall any details of exactly where they came from.
* They want about $2000 for them both. From what I've read so far here that's a mere pittance!
* So far finding commentary by the folks here useful. I'll keep reading and decide what to do soon. Unfortunately I did call their # and leave a "name, rank and serial number" message before I found this place. I think from here on though I'll just indicate all exchanges will be in writing.

Anyway, I'll keep a tab running here of what happens. I figure the more info, the merrier it will be, right?  ;D  (I definitely like the idea of asking them for the proof that they really own the images.)

Oscar Michelen

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Re: Here's Another Extortion Letter
« Reply #1 on: December 14, 2013, 08:51:23 PM »
Don't overly communicate with them as I have advised many others on this site.  Take the image down state your position demand proof and then let it be. 

Documentarian

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Re: Here's Another Extortion Letter
« Reply #2 on: December 14, 2013, 09:20:57 PM »
Yep, I've been browsing an hour or so and seen that's the route to go. I took the images down within an hour of getting the letter from my mailbox...and will use what I've learned here to compose something to state position, demand proof...then let it be.

You're a genius, Oscar. Bless you!

Robert Krausankas (BuddhaPi)

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Re: Here's Another Extortion Letter
« Reply #3 on: December 15, 2013, 10:41:58 AM »
This is where you went wrong - " if it wasn't listed as free to use, I didn't use it." there are literally 1000's of site offering "free" images..the problem lies in where these images originate from..always remember.. "there is no such thing as free" and "if it appears to good to be true, it probably isn't". I don't doubt your statement about knowing about fair use, but it is a very grey area, and one I would never depend on solely.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Documentarian

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Re: Here's Another Extortion Letter
« Reply #4 on: December 15, 2013, 03:06:51 PM »
Indeed so. It's a shame paranoia is the rule of the day. Keen's Web 2.0 is built for it.

Documentarian

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Re: Here's Another Extortion Letter
« Reply #5 on: December 16, 2013, 06:30:44 AM »
I have a technical question about participating in the defense letter program, which I may do.

Instructions are to scan the letter from Getty and email it. What's the preferred file format for doing that? JPG or some other? And should I resize the files? I scanned the pages for my own reference, and the sizes are 3400 x 4679 pixels each. With 10 pages of letter, that'd be a monster in anyone's inbox.

stinger

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Re: Here's Another Extortion Letter
« Reply #6 on: December 16, 2013, 08:56:43 AM »
I would scan them into an adobe format.

Robert Krausankas (BuddhaPi)

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Re: Here's Another Extortion Letter
« Reply #7 on: December 16, 2013, 10:44:52 AM »
yeah pdf format is best...
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Documentarian

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Re: Here's Another Extortion Letter
« Reply #8 on: December 16, 2013, 01:15:47 PM »
OK, thanks, guys. I know someone who can help me with that.

Documentarian

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Re: Here's Another Extortion Letter
« Reply #9 on: December 27, 2013, 12:10:22 PM »
Okay, progress report: They finally returned my call...I told them, "I just want you to know that I removed the images, and anything further I have to say will be said in writing." The rep said OK, thanked me for my time, and that was it. Much simpler than I expected.

I have material prepped to join the Letter program and will probably do so before too long. Make 'em wonder. ;D

Greg Troy (KeepFighting)

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Re: Here's Another Extortion Letter
« Reply #10 on: December 27, 2013, 12:24:45 PM »
Smart move, thanks for the update.  :)
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Documentarian

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Re: Here's Another Extortion Letter
« Reply #11 on: January 25, 2014, 03:16:07 PM »
Well here I am again! I got Letter #2 this week, so after I get someone to convert the stuff to PDF, I'll be in touch with Oscar sometime after next weekend. Would be sooner, but I have a conference to attend all next week.

One rather funny and nervy difference in the 2nd letter...which I assume some here have seen before...they are now offering to "help" me find replacement images by giving me a code for 5 free images from "Thinkstock."

Now that's sure a lot of nerve. Demand $1800 like a bunch of bullies, then offer to give me a pat on the head.   :o

Well ya know what? I did need some stock footage for a project this week...and I went to their competition!

Anyway, be talking to your office soon, Oscar. Thanks again for being there!!

Documentarian

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Re: Here's Another Extortion Letter
« Reply #12 on: May 14, 2015, 07:58:42 AM »
Hello everyone!

It's been a long time since I posted here, I know. But the time gap is a factor in this new report.

After I called on Oscar to work his magic with Getty, I never heard from them again. I'm posting now because I've heard from "Superstock". I checked the forum and see this is not new in itself, but here's what curious.

First, the extortion letter wasn't a letter, but an email, complete with a link to a Paypal page so you could pay your settlement. (I'm offered a 20% discount if I pay within 10 days -- very generous!)

Second, as seen in this thread, I took down all graphics from my website about a year a half ago. They provided the typical screenshot, but that screenshot had to have been taken before December 2013. So, from what I understand here, the SOL period was already half over by the time they sent this demand email.

Thanks to Oscar, I know better how to manage this now. But this seems to suggest that they're so backlogged with these scams that it takes a long time for them to process them. I wonder if its even possible that the screenshot was taken more than three years ago.

Oh yes, for the record...it was just one image, and the demand amount was $660.00, before the "discount".

stinger

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Re: Here's Another Extortion Letter
« Reply #13 on: May 14, 2015, 08:57:16 AM »
The Statute of Limitations begins on the date that they discover the image mis-appropriation.  If you can prove that they discovered it in 2013, then you are correct that you are more than half-way through the statute period.

I had Getty come at me in 2012 for images that were posted in 2005.  In my mind, my statute expired 3 years after I received their first letter in 2012 because that  is the earliest date I could prove that they knew of the mis-appropriation.

Documentarian

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Re: Here's Another Extortion Letter; Superstock Update
« Reply #14 on: May 14, 2015, 09:46:39 AM »
I'm not sure I can prove I removed the image in December 2013; but I can absolutely prove that their screenshot is older than February 2014. At that time I did a total redesign of the website, and all my html addresses were forwarded to php addresses. Their screenshot of the listed URL would have been impossible to make after that.

Earlier in this thread Oscar said, "demand proof". If they keep at it, perhaps the first proof I'll demand is the date of the screenshot. (For right now though...I have no plan to acknowledge it at all.)
« Last Edit: May 14, 2015, 09:51:43 AM by Documentarian »

 

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