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Author Topic: Sue for Harrassment?  (Read 4930 times)

aginak

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Sue for Harrassment?
« on: November 30, 2016, 07:50:25 PM »
I've received four emails from Getty and now emails and letters from NCS IP Solutions, LLC for use of an image. The images are not the same however. They are very close, but there are obvious differences, beyond the fact that I have license from the photographer for use of the image I'm using.

For all the harrassment they put others through, is there any recourse for their blatant extortion efforts?

Thanks in advance!

stinger

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Re: Sue for Harrassment?
« Reply #1 on: December 01, 2016, 09:04:29 AM »
Understand that they use technology, which is good but not perfect, to find you.  So they do make mistakes and your case may be a mistake.

Understand also that they accuse first, rather than seeking the facts in an amicable manner.  The approach is quite profitable (I believe), which is why they are willing to risk the rancor it causes among the accused.

Understand also that they are not as organized as they should be for the volumes they accuse.  Hence, one organization is coming after you under three different names.

It sure sounds like harassment to me, but I am not a lawyer.  What most on this forum object to are their tactics.  Those have changed over time, but are still highly objectionable.

If you could find an attorney to win any kind of suit against Getty and their ilk, you would have lots of supporters here.  I hope an attorney or two will weigh in on your question.

Matthew Chan

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Re: Sue for Harrassment?
« Reply #2 on: December 02, 2016, 10:43:54 AM »
If the image you used is not the same image they claim they own, you need to call them out on it and let them know. They are not telepathic. You are actually bringing more problems on yourself by not complaining that they made a mistake.  They will continue to send letters and they are NOT harassing you because you choose not to respond.

Until you do your part, you have no leg to stand on here to say they are harassing you.

I am not defending Getty here but, objectively speaking, nearly every letter I have seen and spoken to people about, the recipients did not claim that the image being infringed upon is an image that did not match up to the image used on the website. But you claim they are making a mistake when the general pattern is that they generally don't when it comes to matching photos.

If the images don't match up, you should have told them after the first letter and the matter should go away. If they disregard what you claim are facts, then that becomes a whole different matter.


I've received four emails from Getty and now emails and letters from NCS IP Solutions, LLC for use of an image. The images are not the same however. They are very close, but there are obvious differences, beyond the fact that I have license from the photographer for use of the image I'm using.

For all the harrassment they put others through, is there any recourse for their blatant extortion efforts?

Thanks in advance!
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.

aginak

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Re: Sue for Harrassment?
« Reply #3 on: December 02, 2016, 01:07:04 PM »
Thank you for the advice. I wrote that they are in fact two different pictures and this is what I received (they are absolutely two different images):
Thank you for your email response regarding the above unsettled matter on behalf of my client, Getty Images, for the unauthorized use of their rights-managed (RM) and copyright protected material.  While you may assert the image is not the same, the image is in fact intellectual property owned/managed by my client.  With that, the requisite license process is required to legitimize the use.  As you may know Getty Images is the recognized world leader in their industry.  To initiate a merit less claim as you have eluded to would be above all, irresponsibly, but moreover would quickly lead to the diminished credibility as the leader in their industry.

If you would prefer your attorney to handle the settlement process on your behalf I am happy to speak with him or her in that regard.  Thank you again for your response and continued attention to this matter.  I hope you are off to a great start to the day today.

Best Regards,
 
Matt Miller
NCS IP Solutions
PO Box 50276
Sarasota, Fl. 34232


Why do I need to provide proof of licensing for a picture that is not owned by Getty?

Robert Krausankas (BuddhaPi)

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Re: Sue for Harrassment?
« Reply #4 on: December 02, 2016, 02:34:36 PM »
You don't need to provide proof of , it's completely up to getty to prove their case, if it were me I would respond one final time and advise them, that from this point forward should they opt to pursue you further, you will be invoicing them for any time spent dealing with this...word it so that you are making them agree to those terms.
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

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Matthew Chan

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Re: Sue for Harrassment?
« Reply #5 on: December 02, 2016, 04:44:34 PM »
The fact that NCS is responding means you sat on this too long and quite possibly be dealing with a moron. WTF is he saying here? Is he saying "oh ignore the differences of the images shown in the accusation letter Getty sent you but I trust them if they say the image you used still belongs to Getty."  If that is the case, that is a stupid answer.

Well, Matt Miller of NCS is a fucking moron if he thinks that Getty Images has been a perfect model of citizenry and operations. It would be more credible if the statement came from Getty themselves, not some low-level collection clerk.

HOWEVER, because we are taking at YOUR word and we don't know about the images being entirely different, I am not going to automatically assume Getty was wrong.

If you are convinced they are not the same images, post a copy of the letter and let us see the clear differences between the two.  Redact your name and any other identifying info.  I am not talking about someone taking the original image and then modifying/enhancing it which would be a derivative.  Is the image they are accusing you of a derivative of the original photo?  Or does it actually look like it was taken by 2 different photographers.

How are the photos actually different? Just because you say it is different does not necessarily mean the underlying image wasn't infringed upon. That is where those of us reading your post would need to determine. You might be right but you might also be wrong.

And if you were to hire a lawyer, I recommend Oscar Michelen's Defense Letter Program. It is reasonably priced at $200 flat fee.  I guarantee you the bullshit answer Matt Miller gave is one Oscar would not accept if he determined the images were indeed different.

Thank you for the advice. I wrote that they are in fact two different pictures and this is what I received (they are absolutely two different images):

As you may know Getty Images is the recognized world leader in their industry.  To initiate a merit less claim as you have eluded to would be above all, irresponsibly, but moreover would quickly lead to the diminished credibility as the leader in their industry.

If you would prefer your attorney to handle the settlement process on your behalf I am happy to speak with him or her in that regard.  Thank you again for your response and continued attention to this matter.  I hope you are off to a great start to the day today.

Best Regards,
 
Matt Miller
NCS IP Solutions
PO Box 50276
Sarasota, Fl. 34232


Why do I need to provide proof of licensing for a picture that is not owned by Getty?
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.

aginak

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Re: Sue for Harrassment?
« Reply #6 on: December 02, 2016, 08:00:06 PM »
I may need some guidance as to how to attach images in this forum as I'm not seeing it.

The images in question, under closer inspection, are a sequence of shots more than likely taken by the same photographer of a skier, but at different moments, as the skier changes positions. I work in the ski industry, have written permission to use my image and even give the photographer credit on our site.

Thanks for your continued help on this.

And why I waited so long to respond: Maybe my reasoning is flawed, but a poster used the analogy on this forum of owning a house and receiving a letter for rent due from someone claiming they own your house. Do you really need to respond to every ass-hat claiming you owe them rent on something that is blatantly false? Apparently yes....


Robert Krausankas (BuddhaPi)

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Re: Sue for Harrassment?
« Reply #7 on: December 02, 2016, 10:12:49 PM »
you know what? If you have written permission from the photographer to use the image, it doesn't matter if they are different or not, it's a moot point.. Tell NCS to back off as this is a claim, not a debt, and if they don't you will report them to the FTC. Then tell LCS to go piss up a rope, and that you will be invoicing them, and then just let it go...forget about it and ignore them. If they are dumb enough to file suit, they will lose..
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..

Matthew Chan

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Re: Sue for Harrassment?
« Reply #8 on: December 03, 2016, 02:23:51 PM »
No one is telling you to respond to every ass-hat.  If you are taking it that way, you still don't get it and this will be my last reply to you on the matter. I am telling people to think critically using well-documented stories and information on this forum.

You very much believed a flawed analogy. It isn't hard to verify the owner or landlord of a house.  It is clearly shown and proven in public record deeds.

Images, ownership, and the copyright registration matter are not so clear.  There is uncertainty. And you are not receiving a letter from a Nigerian scammer. You are receiving a letter from a well-known media company who is also known for sending these legal demand letters.

If you choose not to respond because it was a de-minimus or severe infringement, that is one thing. But it makes no sense to me to not respond if you think you are clearly in the right. If you don't mind getting the ongoing letters and the remote possibility of a lawsuit, then you can stay silent and NOT explain it. To me, it costs very little to write an informed letter vs. staying in the dark.

Having said all that, everyone's case is their own.  But expect to be notified periodically for the next 3 years. For some, it's no biggie. For others, it is a mental distraction and cloud over them for a long period of time.

None of us have a dog in your fight with Getty.  But many of us happen to be very experienced at this sort of stuff of pushing back and defending one's self.

And why I waited so long to respond: Maybe my reasoning is flawed, but a poster used the analogy on this forum of owning a house and receiving a letter for rent due from someone claiming they own your house. Do you really need to respond to every ass-hat claiming you owe them rent on something that is blatantly false? Apparently yes....
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.

 

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