ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: arroway on August 09, 2013, 12:33:28 PM
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(Short summary of my "alleged image copyright infringement": I put together a test/sample site to pitch for a local ob/gyn office. It was clearly a sample/test site. It was in a sample/test folder (clearly shown in the url), I used the names "Dr. John Doe, Dr. Jane Doe" etc., instead of the actual physician names, I used my personal cell number - all over the site - so whoever at the office was looking at it would clearly and easily have my contact info. The name of the site was also generic "The Doctor Group", lol. Clearly, to ANYONE looking at it, a test site - again, even the url was mydomainname/testsample). Anyway, I had used a comp image (thought that was legal) and then business never worked out. I went on to bigger and better business. I liked the design, and thought I might use it in a future project so I never completely killed the site. Note: I did not originally make the site content private, but did do that after receiving the first letter - I have SINCE LEARNED TO ALWAYS DO THAT ON TEST SITES. Additionally, I ALWAYS have my clients PAY for images - I do NOT and NEVER have thought it right to steal other people's work. However, I do sometimes deploy comp images. Nowadays, I ALWAYS USE HUGE WATERMARKED IMAGES so it's clearly noted that these are COMP images.)
Ok, so last fall I received a "getty letter" about one image on this test site. I did call the number on it and talked to a lady who said she could see it was a test site and basically said not to worry about it. I have since lost the letter and the number of the lady I spoke to. The letter did contain a screen print and the lady and I discussed it as the screen print was very obvious a test site (url contained the word sample since it was in a test folder, the name of the site was made up, the dr names were john doe and jane doe, my phone number was all over the place, etc). We discussed these very points.
Now I am receiving emails from a law firm. This was my response to them today:
"Please send me additional information. I am not sure what you are referencing? What image copyright claim? The only thing I am aware of is a long time ago (last year sometime?) someone contacted me about a comp image used on a test site (not a live site) that never even came to fruition. It was for a site I was pitching to a local physician's group - merely a comp site, didn't even contain the physician's real names (like, I used Jane Doe and John Doe - and my personal phone number so they could easily find it to call me back). Clearly a test site and always ways. Is that that what you are referencing? I had it up on a test directory, the business never worked out and I went on to other business. I did remove the image and internal content pages (since they were specific for ob/gyn and a future physician project might not be) but I didn't want to remove the entire site because I liked the design and thought it might come in useful for another test project in the future). It's still there, but never was anything other than a test site. Even the url had the word "sample" in it, lol (like I said, it was a test site on a test folder on my server). Please verify is this is what we are talking about? "
(Sidenote - after just a quick google I now see/assume that the fact that it was accessible at all might/does make me culpable?....Ugh!!)
Ok, so now off to read this forum and find out what my next step should be. Just starting a thread so I have a benchmark place!! Thank you so much for having this forum!!
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Getty Images CEO ( and Chief Asshat) Jonathan Klien, clearly states on video that it is perfectly okay to use comp images, it seems as if this "attorney" whio I am assuming ids that asshole Timothy Mccormack, didn't get that memo..I wouldn't even bother dealing with him..go right by him and contact Lisa Wilmer directly, send her an email everyday for the next 2 years, until she sends you something back that clearly states the matter is resolved....
Ok maybe I wouldn't go that far..
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Who is Lisa Wilmer?
Thanks! ;-)
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Who is Lisa Wilmer?
Thanks! ;-)
Lisa Willmer is Jonathan Kliens in house "attorney" aka head copyright troll..she's in charge of the "copyright clerks" that have no legal experience and send out extortion demand letters..
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Lisa Willmer is Senior Director, Corporate Counsel at Getty Images.
http://www.linkedin.com/profile/view?id=32513959&authType=NAME_SEARCH&authToken=l6cJ&locale=en_US&srchid=1155710421376355749300&srchindex=1&srchtotal=3&trk=vsrp_people_res_name&trkInfo=VSRPsearchId%3A1155710421376355749300%2CVSRPtargetId%3A32513959%2CVSRPcmpt%3Aprimary
Here are some other of the top Getty counsel members.
John Lapham
SVP, General Counsel
http://www.linkedin.com/profile/view?id=3087913&authType=name&authToken=jrHU&trk=prof-sb-browse_map-name
Jonathan Lockwood
VP, Corporate Counsel at Getty Images
http://www.linkedin.com/profile/view?id=20688768&authType=name&authToken=J-UD&trk=prof-sb-browse_map-name
Yoko Miyashita
Vice President, Corporate Counsel at Getty Images
http://www.linkedin.com/profile/view?id=5257250&authType=name&authToken=BiKt&trk=prof-sb-browse_map-name
Lizanne Vaughan
Vice President, Corporate Counsel at Getty Images
http://www.linkedin.com/profile/view?id=18969881&authType=name&authToken=HfOp&trk=prof-sb-browse_map-name
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Where is this video "Getty Images CEO ( and Chief Asshat) Jonathan Klien, clearly states on video that it is perfectly okay to use comp images", or any writing that states such?
I'm going to something similar. However, I enter a potential client's domain name in a wordpress cms, not realizing that it was going to as if they owned the site. The site was clearly in development. In addtiona, all of the content resides on my development web space and on pages that were not navigable from the home page, or for public use
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Where is this video "Getty Images CEO ( and Chief Asshat) Jonathan Klien, clearly states on video that it is perfectly okay to use comp images", or any writing that states such?
I'm going to something similar. However, I enter a potential client's domain name in a wordpress cms, not realizing that it was going to as if they owned the site. The site was clearly in development. In addtiona, all of the content resides on my development web space and on pages that were not navigable from the home page, or for public use
not exactly sure where on the forum the video is, but here is a direct link to it on youtube...where he clearly states one thing but has his copyright clerks do the exact opposite..
http://www.youtube.com/watch?v=T0mSYjL44n0
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Lisa Willmer is Senior Director, Corporate Counsel at Getty Images.
http://www.linkedin.com/profile/view?id=32513959&authType=NAME_SEARCH&authToken=l6cJ&locale=en_US&srchid=1155710421376355749300&srchindex=1&srchtotal=3&trk=vsrp_people_res_name&trkInfo=VSRPsearchId%3A1155710421376355749300%2CVSRPtargetId%3A32513959%2CVSRPcmpt%3Aprimary
Here are some other of the top Getty counsel members.
John Lapham
SVP, General Counsel
http://www.linkedin.com/profile/view?id=3087913&authType=name&authToken=jrHU&trk=prof-sb-browse_map-name
Jonathan Lockwood
VP, Corporate Counsel at Getty Images
http://www.linkedin.com/profile/view?id=20688768&authType=name&authToken=J-UD&trk=prof-sb-browse_map-name
Yoko Miyashita
Vice President, Corporate Counsel at Getty Images
http://www.linkedin.com/profile/view?id=5257250&authType=name&authToken=BiKt&trk=prof-sb-browse_map-name
Lizanne Vaughan
Vice President, Corporate Counsel at Getty Images
http://www.linkedin.com/profile/view?id=18969881&authType=name&authToken=HfOp&trk=prof-sb-browse_map-name
I unintentionally forgot to mention Getty's outside council Timothy McCormack who represents Getty but has never to my knowledge be allowed to take a case to court for them.
Here is the definition of what it means to be outside council for Getty.
http://3.bp.blogspot.com/-Hz8YN1fLTxs/UX5zhz9XCXI/AAAAAAAAKVs/RxGu_HNzE-o/s1600/small+builders+1.jpg