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Author Topic: I Want to Sign Up for the Oscar Defensive Letter Program - Where?  (Read 4203 times)

BackAtIt

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I'm New Here. And glad to be here  ;D

I have a client that I inadvertently put a supposedly Getty Image on one page of their blog pages (Not main site pages).

The image has of course been removed. That includes the actual image and all the other sizes the WP theme creates as it is a Desktop, Tablet, Mobile Responsive Theme. (For those of you that read this and know you only had one image on your site in question, but GI is trying to ding you for multiple images, know that your site software, WordPress, Joomla or whatever may have made additional copies in different sizes when you uploaded the original.)

The size was what I consider a thumbnail, the letter demanded just under $700.00 and on the Photographers site he is selling it for less than $60.00. Extortion? Maybe, maybe not. Vastly over valued? Definitely.

I don't want my client to have to go through all this crap for my screw up (Actually one of my virtual assistants screw ups but that is another story). They have agreed Oscar's Defense Letter Program is the way to go for now. BUT . . .

I went to the Defense Letter Program Page and there only appears to be an email address to email documents to but no link to a payment page.

Can someone direct me to where to pay for the Defense Letter Program? OR...

Is it a situation of sending the information to be reviewed and accepted before money changes hands.

Either way I would like to know.

I'm BackAtIt.

Matthew Chan

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I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

BackAtIt

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Re: I Want to Sign Up for the Oscar Defensive Letter Program - Where?
« Reply #2 on: October 14, 2014, 12:41:45 AM »
Thanks Matthew but that is the same page I referenced in my original post.

... where it says:
Quote
To sign up for the Defense Letter Program, scan your copy of the Settlement Demand Letter and email it with your written request to: digitalimagelitigation@gmail.com. Or you can use FAX.  Please FAX your Contact Information (email address & phone number) and your copy of the Settlement Demand Letter to: 516-741-3223.
Please allow the staff two (2) business days for someone to respond to your request. If you do not receive a response or need to follow-up on a case, call Oscar’s assistants (Susan, Jeffery, or Jonathan) at 516-741-3222.

So it is not clear as to how or where I pay Oscar's Firm.

Will I be told when they follow up with me?

I'm BackAtIt

Matthew Chan

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Re: I Want to Sign Up for the Oscar Defensive Letter Program - Where?
« Reply #3 on: October 14, 2014, 12:53:21 AM »
Read and follow the instructions.  It is there. 


To sign up for the Defense Letter Program, type up a short description of your case, scan copies of the Settlement Demand Letter, any follow-up letters, and any other correspondence you may have written/emailed and then email it with your written request to: digitalimagelitigation@gmail.com. Or you can use FAX.  Please FAX your Contact Information (email address & phone number) and your copy of the Settlement Demand Letter to: 516-741-3223.

Please allow the staff two (2) business days for someone to respond to your request. If you do not receive a response or need to follow-up on a case, call Oscar’s assistants (Susan, Jeffery, or Jonathan) at 516-741-3222.


We've had many people sign up just fine through the instructions on that page. You need to email them all your documents and describe your case.  When they receive it, you will hear from them. They will review the information first and then ask for payment if they accept your case.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

BackAtIt

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Re: I Want to Sign Up for the Oscar Defensive Letter Program - Where?
« Reply #4 on: October 14, 2014, 02:39:06 AM »
Excellent! Thank you very much. That is all I needed to know.

Funny how one gets used to paying for everything up front online.

I appreciate your taking the time especially since it had to be almost 1:am there  ;)

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Robert Krausankas (BuddhaPi)

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Re: I Want to Sign Up for the Oscar Defensive Letter Program - Where?
« Reply #5 on: October 14, 2014, 09:37:55 AM »
The trolls never sleep, nor do we!
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..

Greg Troy (KeepFighting)

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Re: I Want to Sign Up for the Oscar Defensive Letter Program - Where?
« Reply #6 on: October 14, 2014, 03:24:27 PM »
The size was what I consider a thumbnail, the letter demanded just under $700.00 and on the Photographers site he is selling it for less than $60.00. Extortion? Maybe, maybe not. Vastly over valued? Definitely.

The cost is not the only reason we call it legalized extortion.  Getty has the right to ask anything they want, doesn't mean a court would agree and most likely not.  Try telling them you want to negotiate a fair settlement and ask for proof they hold rights to the image.  You will be met with a response saying proof will only be provided when you they sue you now pay or we'll sue you.  Their tactics are heavy handed and threatening, they demand you provide proof you have a license yet refuse to provide proof they have a legal right to collect on behalf of the artist.
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.

--Greg Troy

 

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