ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: danaisle on July 27, 2012, 12:15:42 PM
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http://graphicdetailnj.wordpress.com/2012/07/26/getty-me-outta-here/
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I read your article and you are a fool if you pay this for several reasons.
1. Getty may not even own this image! Have they shown you proof?
2. IF they own the image it may not be properly registered, thus lowering any amount they would be able to collect IF it went to court.
3. It sounds as if you may have used this image to create a "parody" of sorts. If this is true you may be covered by "Fair Use".
4 By rolling over and paying just re-enforces Getty to continue on trolling and targeting innocent infringers such as yourself.
5. Have you researched the image in question? Is it available from other sources?
6. Just because Getty pulls a random amount out of thin air, does not mean the images is worth what they are stating..
I could go on and on here...do you still want to pay?
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First, amen to what Robert posted above.
Second, you have three excellent options to defeat the copyright trolls without caving into their absurd demand for all that money:
1) Read the posts on the forum and watch the videos on the home page. This takes quite a bit of time and energy to do, but once you've done it you'll see that it's possible to take on Getty by yourself. If you don't tolerate stress very well, this option is not for you.
2) Have an informative talk with Matthew Chan, the owner of this website. Learn about Matthew Chan's support telephone call for $50 at http://www.extortionletterinfo.com/eli-phone-support-call-with-matthew-chan/
3) Turn the whole freaking mess over to Attorney Oscar Michelen. Learn about his $195 defense letter program at http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/
I'm handling my own case with Getty for a single thumbnail image because I like a good fight and enjoy doing things myself. If I didn't like a good fight, I would have spent the $195 for Oscar's letter program.
But, for God's sake, do NOT pay Getty all that money. Getty is running a payment extraction scheme that is immoral and downright wrong. And anyone who pays them is encouraging them to continue. So choose one of the three options above and fight the bastards.
Do not pay trolls!
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I agree 100% with Robert, I would not pay them a dime until they prove to you that they actually own this image and have the exclusive rights I'm sure they are claiming. I would not worry too much about the imposed payment deadline as pretty much every letter you will get from Getty will say you must pay within 14 days, this is a tactic used by Getty to instill a sense of fear and urgency and try to get you to pay quickly before you have a chance to research the situation. Also to the best of my knowledge and all of my research Getty has never litigated anyone over one image.
From what I have read in your article it sounds like this is a case of innocent/non-willful infringement and as such would generally fall under the absolute minimum fine which would be $200, providing Getty can prove their claim.
Again, I would urge you to read more in the forms and ask questions before making any decisions. Please keep us posted and let us know what you decide to do.
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Wait... I thought that Getty had "no right to sue" or "no standing to sue" because they have non-exclusive agreements?
WHAT is everyone worried about?
(http://static.fjcdn.com/gifs/Troll_2d5a30_1636764.gif)
S.G.
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If Tracy pays the $980 or even half of that, she is out of her mind. This is what happens when people are legally ignorant and don't bother to do research. She takes the time to write her story but has she not bothered to look for help or resources?
It's amazing that even though ELI has a huge Google presence, people still are still in the dark. Wow.
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Thanks to all for the affectionate abuse ;-) I have spoken to Matt and I will do all of my due diligence, answer Getty with a physical letter (all of their contact to me has been through email, which apparently is a new strategy to save money on freely harassing small businesses) and I will cc Matt and Oscar on the letter to let them know I'm not taking this lying down. I will be updating my blog with the latest in this saga (once I've finished doing my research and letter-writing). I'm not afraid to stand up to these people and I will fight them. Stay tuned!
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NOW YOU'RE TALKIN!!!
In regards to email I would DEMAND they no longer contact you in this manner..let those cheap bastards buy a stamp!
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I am so glad to hear that you're going to fight this and not roll over and pay them. The more you read and learn as you are doing your due diligence the more you will see them come to understand that what Getty Images and their copyright compliance specialists like Douglas Bieker do is nothing more than extortion. They demand payment without providing proof and claim they cannot provide proof due to confidentiality agreements and as in my case I agreed to sign a confidentiality agreement promising not to share, disclose or discuss anything within the proof that they provide me except with Getty for the purpose of reaching an settlement. Getty's response to this was that it takes too much time and extra cost to provide the proof requested.
If you're interested in filing complaints about Getty here is a link to a thread showing how to do it, who to send them to an examples of my letters.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
please keep us posted on how your case is going and keep fighting!
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Danaisle,
It was good speaking with you and I think your spunkiness and the fact you were willing to blog about it speaks to the fact you won't be pushed around.
I also like that you have a sense of humor about the "comments" we made about you! I respect that. AS you can see, the "abuse" was really to try to shake you up and stop you from just rolling over and giving up your money.
Stay in touch and keep us updated.
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Here's my latest blog post: http://wp.me/p1S8Jh-1x Hope you enjoy it and feel free to share it with other victims and potential victims ;-)
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Good post. Now you're talking!
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Great blog post and your right, what a difference a week can make! Welcome to the fight!
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Thanks for the nice write-up and supporting the ELI Community.
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Today I received Janea Davis' reply to my letter by Fedex. They have no intention of providing proof of copyright "at this stage". There is no further call to action; she simply says it could be a lot worse if they looked back and determined the number of years this image had been in use, providing me all kinds of benefits which were unpaid. Huh boy. So here's my question: do I respond or ignore this? Is there an end game, or does this just go on forever?
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In my case, I'm about to celebrate my one year anniversary with these trolls. After telling Getty, "No proof, no money," Getty "escalated" to copyright troll Timothy B. McCormack.
After telling McCormack and his copyright troll paralegal Ashanti A. Taylor, "No proof, no money," Ashanti wrote back that they would recommend litigation to Getty Images.
At this point, I'm once again in limbo, waiting for the next round of bullshit.
It doesn't go on forever, but Oscar says he's seen from half a dozen to a dozen letters from Getty and its assorted compadres before the end is reached.
The statute of limitations runs out after three years, so be prepared for periodic threats and warnings from these clowns for that length of time.
At this point, I will repeat my "No proof, no money" mantra to any new Getty collection types who contact me by postal mail. I do not do email or phone calls with these folks.
The stress with all this wears off pretty quickly once you realize it's nothing but a manipulative game these people are playing to extract exorbitant payments from honest and easily intimidated people.
Whereas I used to shit my pants when the first few letters arrived, I don't even hiccup when a new letter comes in -- sweetly timed, it seems, to arrive just when I'm starting to think, "Ah, the bastards have given up."
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Thanks, Mulligan! My fear has indeed been neutralized by knowledge.
When I saw the last email from Getty arrive on my iPhone, I waited until I was in front of my computer, seated and calm, to read it. And it was nothing; she just forwarded her previous email.
When I got the Fedex envelope today, it was clear that everything I've been told is spot on. They've got nothing but tenacity and ill will. No proof of copyright is or will be offered. So here's what I'm writing back:
"Dear Ms. Davis,
I have acted in good faith to resolve this matter. You have not satisfied the burden of proof for your claim and I will therefore consider this matter closed.
Kindly refrain from any further contact with me or I will refer this matter to my attorney."
Signed by me and cc'ing Matt and Oscar.
Having enjoyed a recent victory on a different front (an insurance company, where I got an unexpectedly excellent outcome after having written a letter to the right person), I feel a lot stronger. And knowing I can always go to a pro if it gets to be more than I can handle (and so far, so good; the original letter was the scariest part of this whole mess) helps me maintain my resolve. I really appreciate the support.
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Thanx for the name drop, I'll promptly add Janea Davis to the ever growing list of copyright trolls..Mulligan sums it up nicely..3 years of threatening letters, never showing any proof. wasn't the image in question incorporated into something in your portfolio??, they tried this crap before to no avail...
LOL, when Mulligan first got here, he was shitting all over himself on a daily basis, but we cured him of that.
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I would recommend one other thing in your response. Let them know that you consider their threatening communication with no proof of their claim "harassment". Ask that it stop immediately.
They are after all (bad) copyright attorneys. The threat of your lawyer in a copyright court may not seem as dire (to them) as putting them in a court where they are a bit less familiar - where you might choose to bring harassment charges. This might make them bother you less.
If they keep bothering you, proving harassment should be pretty easy if they make threats, you ask for proof, they give you none but keep making threats, you ask for threats to stop and proof. If they keep making threats, it becomes harassment.
I am not an attorney, but I have seen a number of people on this site say that asking for the harassment to stop, has helped.
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Thanks for the advice. I have amended my latest letter:
"Dear Ms. Davis,
I have acted in good faith to resolve this matter. You have not satisfied the burden of proof for your claim and I will therefore consider this matter closed.
Any further contact will be deemed harassment and I will refer this matter to my attorney if you do not cease and desist."
I'll be back with more as the story unfolds ;-)