Beat the Getty Images Extortion Letter: Special Report!

[Matthew Chan]

I have thought about this project off and on for the last 3 years. But I never took it seriously because I felt Oscar and I provided enough information over the years in our forum posts and ELI videos for most people to defend themselves.

However, that is simply not the case for many new people. Oscar and I continue to get private emails from people asking us what to do.  Despite the large number of posts over the years, many people want more structured guidance. I have finally decided to commit to this project.  Unlike the ELI Forums, this Special Report will NOT be FREE.

I am taking the time to painstakingly assemble and write this report in a detailed manual format. And because this will be a paid product, I will be writing and sharing ideas and thoughts I have never posted publicly (and I have definitely posted and shared a lot over the years).

Personally, I feel the ELI forums and the ELI videos are more than enough to get started. Nevertheless, this special report is for those people who want information on a "silver platter" without having to search or research the ELI Forums. This special report will not be available anywhere else except through the ELI website where I will personally monitor and fulfill each and every order.
 
When will this special report be completed? It is difficult to say since this is a side-project as I have spare time. But I hope to release this before the end of April 2012.

How much will this cost? It isn't finalized yet. I am guessing it will between $25-$45 all of which goes toward supporting ELI.

Should you buy a copy? Yes! Although much of the information is available on the ELI Forums, there will be quite a bit of commentary that is not publicly available. The special report will be in a 8.5"x11" manual format that you can print out on your printer and place into a 3-ring binder.  More importantly, I am giving you an excuse to make a contribution to the ELI website.  To continue actively expanding ELI, Paypal Contributions help a lot!

I will be releasing more updates as I progress. However, I am open to suggestions as to what you would like to see in this special report. This special report will probably be updated at least twice a year to reflect the newest information.

[Robert Krausankas (BuddhaPi)]

Don't hesitate to let me know if you need any images for this publication. 

[Lettered]

Matthew,

THis is a wonderful initiative.

You've probably already thought about this, but right up front I think there should be a section on risk assessment.  That was the first thing on my mind years ago when I received the letter.

1) worst case scenario outcome vs best case scenario outcome and discussion of likelyhood of each
2) difference in Getty and MF (image(s) might not be registered) and whether statutory damages and legal fees would come into play ... or just damages (market value of image use)
3) a summary of Getty wins and losses in court
4) likelyhood of Getty suing for less than X images

Also some response template letters might be helpful

[Lettered]

oh, and don't forget to register the copyright, so you can sue Getty for statutory damages and legal fees if they illegaly obtain a copy. lol .

[Jerry Witt (mcfilms)]

A buddy of mine has been going on about e-book publishing. Seems like with the lower price of tablets like the Kindle, there is a demand for affordable books and/or books on a very narrow topic. This is a great idea.

[Matthew Chan]

All very good suggestions.  And don't give me too much credit, I may not have thought of several ideas. But there is no question that I will be sharing how I would handle pro se representation as I have a bit of experience in that area.

I will probably prepare an outline of the topics I am looking to cover and put it on display for critique.  The Core ELI Defense Team will be (at their option) given the opportunity to sneak peek my work to hopefully get some feedback.

Matthew,

THis is a wonderful initiative.

You've probably already thought about this, but right up front I think there should be a section on risk assessment.  That was the first thing on my mind years ago when I received the letter.

1) worst case scenario outcome vs best case scenario outcome and discussion of likelyhood of each
2) difference in Getty and MF (image(s) might not be registered) and whether statutory damages and legal fees would come into play ... or just damages (market value of image use)
3) a summary of Getty wins and losses in court
4) likelyhood of Getty suing for less than X images

Also some response template letters might be helpful

[Matthew Chan]

I actually have Kindle and Nook ebooks already for sale for my real estate books.  I initially thought I might use the Kindle & Nook for the ELI project.  But I changed my mind given the very niche nature of the work and since this is an early version. I have no idea if this thing will sell 1 copy or 100 copies.  For now, I want to see who is ordering it and where people are coming from. If I sold through Kindle or Nook, I have no idea who my customers and readers are.

A buddy of mine has been going on about e-book publishing. Seems like with the lower price of tablets like the Kindle, there is a demand for affordable books and/or books on a very narrow topic. This is a great idea.

[Hawkeye]

This is my first post to ELI. I received a demand letter from Masterfile (MF) and like everyone else was outraged by the tone of the letter and its blatant monetary demand.  I am a sole proprietor and had one image I believed to be in the public domain.  I made a contribution to ELI, researched the forums and have been able to draft a response to MF.   Without Eli I would have been in the dark. Thanks to Mathew, Oscar and other contributors. 
My letter came from a different individual than those already identified.  He is Michael Hilsheimer, Copyright Compliance Officer. Anyone else receive a letter from him?
This endeavor clearly appears to be an attempt to obtain money by abusing the position as the “rights manager” of legitimate artists. It seems to me that they have hijacked an otherwise legitimate business. I can’t imagine anyone is proud to work there. I wonder what the artists would think if they knew how their interests were being “managed”?

Thank you, Mathew, for your leadership and commitment.  I look forward to your report.

[phxsunbum]

Count me in!  I'll buy a copy for me and a couple of my friends (nope... I won't make unauthorized copies... I'll buy them all).

[Matthew Chan]

Just a quick update, I finally have a working (but still incomplete) list of topics I will be writing about.

So far, I am up to a dozen text pages. I expected this report would ultimately have 40-50 pages of text plus an additional 10 pages of illustrations, samples, and appendix text. However, if this report eventually become 100 pages, then so be it. 

Some of the text has come easy, some if it has been more difficult. I've had to stop on occasion to do some research and verify some facts.

I am writing rather haphazardly in that I am writing on topics as they enter my mind.  Sometimes, I flow from one topic to another. Other times, I simply jump tracks to another line of thought. I will eventually make my way back to the ELI Forums to see if I missed anything in my report that needs to be included and acknowledged.

Ultimately, I will take the mass of text and attempt to organize it in a logical order and connect the various sections.

I am still very much trying to shoot for a Spring 2012 release. I can safely say that when I put the first version up for sale, there will be a period of time (3-6 months) where the early buyers will receive free updates.

Because nothing like this has ever been attempted before, I am permitting myself several revisions before the report "settles down" later in the year. Of course, I don't want my early buyers to be unfairly penalized for being an early buyer.  So, I will personally take care of them by emailing free updates to them.

When I am further along, I will put out some teasers for everyone to read.

When that time comes, I will only accept orders and payments through Paypal.

[Matthew Chan]

I am happy to announce that I have solidified the outline of what the Special Report will Cover. However, the working outline is still subject to changes.  (It is not too late to submit ideas and suggestions!) It is looking to become a 100-page report including actual court cases and documents.

A beta-version of the special report will be released later in March 2012 at a significant discount. The plan is that a limited number of ELI supporters who commit to the early beta-version will receive continual updates for at least 6-months. A private payment link will be sent on a first-come, first-serve basis. I will make it available in groups of 5-10 buyers a time.  I am simply not equipped to manually keep track of that many beta-version copies or early buyers. Only ELI Forum & ELI website visitors will get a crack at it. There are no plans on posting any of this beta-version information to the ELI Twitter account or Facebook pages.

There will be an agreement each buyer must sign in and fax in order to get a private payment link to buy it. No signed agreement, no beta report. Any unauthorized payments for the beta report will not be accepted.  I will be asking for full contact information such as phone number and email address. One of the stipulations is that no buyer can be a professional photographer or be stock photo industry employee or anyone related to them. Every buyer of this beta-version will be required to identify themselves to me.  All beta-version updates will be personally emailed by me. If those terms are too tough, that is fine.  Don't be a beta-version buyer. Just wait until the final version is released where full price will be charged. And I won't promise when the beta-version will be complete.  It will be out of beta when I feel comfortable enough to turn it loose at full price. (I will provide pricing at a later date.)

I know that the stock photo industry will eventually get a hold of a copy of my special report. For now, I intend to limit the viewers of this work-in-progress until I am fully comfortable of taking it out of beta.

The reason why I am providing the option of a beta-version is that some people may need whatever information I have NOW and simply cannot wait until the beta-version process is complete. For them, quickly getting all this information in one location is important to them.

==================
Table of Contents

Introduction

I Got the Letter, What Do I Do Now?
•   Legal Disclaimers
•   First Steps
•   Image Removal:  Host, Wayback Machine
•   Communicating with website developer, designer, and host
•   ELI Articles, ELI Forums
•   ELI Videos

Setting Expectations
•   Getty Images Standard
•   Everyone Pays a Price
•   Definition of Winning
•   Everyone Must Choose a Course of Action
•   The Big Picture
•   Extortion Letter Scheme is  a Revenue Model
•   You Are Not Special
•   Sense of Fairness

Evaluating Risks
•   Emotional Intelligence
•   Risk Tolerance
•   Coping with Fear, Uncertainty, Doubt
•   Sense of Justice
•   Willingness to Fight
•   Get a Spine
•   Get Rational

Stock Photo Industry
•   The Players
•   Bluffs, Lies, & Deception
•   Picscout
•   Photographers
•   Commoditization of images
•   Wallpaper Entrapment
•   Corporate employees are Cowards

The Extortion Letter Process
•   Legalized Extortion
•   Revenue Model
•   Need for Secrecy
•   Fear of Disclosure
•   Use of Inexperienced, young Lawyers & Hourly employees
•   Persistence
•   Intimidation tactics
•   Artificial Deadlines
•   Settlement Pricing
•   Multi-step communication & letters
•   Escalation to Collection Agency & Collection Lawyer
•   Legal Ignorance & Fear of Legal Process
•   Actual Settlement

Collection Process
•   Dealing with Internal Team
•   Dealing with Collection Agency
•   Dealing with Collection Lawyer
•   Collection Commission Splits & Compensation
•   FDCPA

Copyright Legal Issues
•   Relevant legal issues
•   Statute of Limitations
•   Copyright Registration
•   Market Value
•   Statutory Damages vs. Actual Damages
•   Willful vs. Innocent Infringement
•   Copyright Act
•   Legal precedent
•   Individual vs. Corporate Entity

Response Strategies
•   Go Dark
•   Lay Low
•   Go Crazy
•   Buy Time
•   Lawyer Up
•   Self-Representation
•   Retaliate and Fight back
•   Outlawyer the other side

How to Write Your Own Letter
•   Choosing a Persona: Angry vs calm, crazy vs reasonable, rational vs irrational, difficult vs easy-going, aggressive vs passive, set the rules vs. follow the rules.
•   Creating Gravitas
•   Method of Communication: Fax, Phone, Email, Snail Mail
•   Sample Letters
•   Template Letter
•   Response Letter Formula
•   Buy Time
•   Letter Template
•   Apology
•   Explanation
•   Talking Points
•   Statement of Intent
•   Settlement Offer
•   Follow-up strategies

Self-Representation Weapons
•   What is “Pro Se” Representation
•   Going Up Against Lawyers
•   Lawyers Code of Conduct
•   Important of Lawyers License
•   Lawyer Weaknesses
•   State Bar Complaints Against Lawyers
•   AVVO & Lawyer Site Complaints
•   David vs. Goliath Fights
•   EFF
•   ELI Forums & ELI Document Library
•   Knowing Legal precedent
•   Judges Go Out of Their Way for “Pro Se”
•   Corporate Entity Issues
•   Power of Publicity
•   Discovery Process

Overview of Lawsuits & Legal Process
•   Process of Service
•   Costs of Filing
•   Costs of Lawyers & Legal Fees
•   Public Docket & Public Record
•   “Pro se” Self-Representation
•   Hiring a Lawyer to Represent You
•   Young, Inexperienced Lawyers
•   Discovery
•   Default Judgment
•   Settlement process
•   Collectability
•   Corporate Entities
•   Fairness of Judges
•   Winning a Lawsuit is an Uphill Expensive Process
•   Even when they win, they can lose

Legal Case Precedent & Analysis
•   Getty Images Record
•   Masterfile Record
•   Hawaiian Art Network Record
•   Other Stock Photo Agency Record
•   Lawsuits Gone Wrong
•   Getty Images vs. Advernet
•   Masterfile vs. Country Cycling
•   Pattern of Masterfile lawsuits
•   RIAA Lawsuits
•   Righthaven Lawsuits
•   BitTorrent Lawsuits
•   Predisposition of Judges & Courts on Copyright Infringement Cases
•   Copyright infringement favor the Underdog
•   Even when they win, they still lose

Selecting a Course of Action
•   Self-Representation
•   Hiring Your Own Lawyer
•   Hiring Oscar Michelen
•   Going Public
•   ELI Website & ELI Forum Submissions
•   Search Engine Dominance
•   Using Social Media
•   Get Revenge & Payback
•   Financial Contributions

Scenarios
•   For Website Developers Only
•   Template Monster
•   Dealing with Website Developers
•   Training Your Own Lawyer

Prevention
•   Getting Another Extortion Letter
•   Removal from Wayback Machine
•   Blocking Picscout
•   Microstock
•   Use Graphics
•   Use Your Own Photos
•   Ongoing Survival of ELI

BONUS SECTION:  Fight & Combat Principles
•   Change the Rules of the Fight
•   Be Authentic, Be Open
•   Embrace Imperfection
•   Get a Spine
•   Ask for Help
•   Look for Kindred Spirits
•   Make Deals People Cannot Refuse
•   Take Calculated Risks
•   Acceptance of Loss
•   Violence is not an option
•   Veiled threats vs. Direct Threats
•   Don’t Bluff or Make Threats You Can’t Carry Through
•   Don’t Invite Lawsuits
•   An Eye for Eye, Two for One Specials
•   Power of Embarrassment
•   Power of Disclosure
•   Power of Publicity
•   Power of Search Engines
•   Personalize the Fight
•   Targeting the Right Person(s)
•   Dirt-digging with Social Media & People Search Services
•   Create Paper Drama
•   Write Open Letters

Appendix
•   FDCPA
•   Copyright Act
•   Getty Images vs. Advernet
•   Masterfile vs. Country Cycling
•   Righthaven Lawsuit Orders

Links to Articles & Reference Websites

[Khan]

I am impressed and I really would like join in for the beta version

[SoylentGreen]

Looks like it's going to be with every penny and then some.
Just reading the table of contents makes me want to read more.

S.G.

[Robert Krausankas (BuddhaPi)]

War and Peace the Matt Chan way!!
In dealing with Matt for almost 3 years, I've made a few observations worth noting..

1. When he says he is going to do something....he does something
2. No half measures, he always goes above and beyond for the greater cause!

[Matthew Chan]

I take it has high praise coming from you!  If I get your stamp of approval, it says a lot. I am working hard to create a solid beta-version.

Looks like it's going to be with every penny and then some.
Just reading the table of contents makes me want to read more.

S.G.