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Author Topic: Got the letter ....A question and my plan....  (Read 20554 times)

Jerry Witt (mcfilms)

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Re: Got the letter ....A question and my plan....
« Reply #30 on: April 17, 2012, 01:08:34 PM »
This whole issue of Getty being able to claim infringement for a similar image on one hand, yet being able to duplicate another artist's work on the other, seems patently unfair.

I don't see how they won the case regarding the carousel. You can't copyright an idea or an abstract concept. If you told 12 photographers to take a romantic picture of a couple on a Carousel, two or three would come back with something that is equally similar to what Getty had. I wonder why the defense didn't consider doing this.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

SoylentGreen

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Re: Got the letter ....A question and my plan....
« Reply #31 on: April 17, 2012, 06:49:51 PM »
McFilms, I agree with you completely.
We're also all aware of how court decisions can be unpredictable.
A well-thought out defense is paramount.

This brings to mind the case of Diodato vs Spade:
http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20050927_0001342.SNY.htm/qx

Although the photographs were similar, the concept was considered generic enough that Diodato lost the case.
Furthermore, the defendant Spade could show several other examples of such a photo concept being used for commercial purposes.

"Rather, both photos illustrate the freedom photographers have under the copyright laws to independently create their own conception and expression of a particular subject matter."

S.G.


mreams

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Re: Got the letter ....A question and my plan....
« Reply #32 on: May 04, 2012, 03:52:58 AM »
Update .... I have not received another letter or call from Getty.  It is now over 1 month past their so called deadline. I will not contact them and I have decided the bastards will have to take me to court if they want anything.  They will have to prove they own the images.  But I have a smoking gun.  I have the now removed video off the tech crunch site of the Getty CEO saying if you do not have any revenue and use their images that is ok.

Robert Krausankas (BuddhaPi)

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Re: Got the letter ....A question and my plan....
« Reply #33 on: May 04, 2012, 06:36:49 AM »
I had a feeling that video would have a short life span, it's a given that Getty monitors our forum...Might to have ask TechCrunch why it was removed.
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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Mulligan

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Re: Got the letter ....A question and my plan....
« Reply #34 on: May 04, 2012, 10:09:58 AM »
Hmm, the video appeared okay and online to me this morning when I checked at:

http://techcrunch.com/2012/03/22/for-pinterest-revenue-will-turn-copyright-questions-into-problems/

I'm with Matt's instincts on replying three or four times. My thinking on this is that making my case and then having their non-responsive replies on paper is a good thing to do on the unlikely chance that this dispute ever actually end up in court.

I also fully understand and appreciate Soylent's approach, and at times I wish I'd gone that route. But I didn't because I like to fight.

I'm too old for a good, old fashioned knuckle buster where two men actually settle things face to face, but enough testosterone still leaks out on occasion to word battle various ass clowns from Getty Images as well as the creepy and condescending copyright trolls from Getty's outside counsel Timothy B. McCormack law firm.

I guess the bottom line is to do your homework and then move from there in the manner that best fits your disposition as well as how much time you have to devote to this exercise in absurdity.

mreams

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Re: Got the letter ....A question and my plan....
« Reply #35 on: May 04, 2012, 11:19:17 AM »
I just checked with a different browser, Chrome and the video is still there.  My IE is always flaking out. 

I was thinking if I was in the US I might be more prone to send a reply.  But I think since I live in Canada is is that much harder for them.  If I do get another letter I will update this thread and may decide to respond then.

Matthew Chan

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Re: Got the letter ....A question and my plan....
« Reply #36 on: May 04, 2012, 01:44:51 PM »
The Jonathan Klein videos I posted include the two TechCrunch videos posted on YouTube at the very bottom. 

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/jonathan-klein-chief-executive-hypocrite-bullshitter-of-getty-images/

I sorted the videos in chronological order although the "best one" is the very last one discussing Intellectual Property.
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.

SoylentGreen

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Re: Got the letter ....A question and my plan....
« Reply #37 on: May 04, 2012, 02:54:30 PM »
mreams, here's a little tidbit for Canadians:

"Registration, while not necessary, provides certain presumptions that are useful if the copyright is litigated and prevents any person from relying on the defence of “innocent infringement” (i.e., where the infringer did not know and had no reason to suspect that copyright existed in the work). If there is no registration, an infringer who successfully proves the defence of innocent infringement could be prohibited from further copying but would not be liable for damages."

from page 66:
http://www.osler.com/uploadedFiles/News_and_Resources/Publications/Guides/Doing_Business_in_Canada_-_2011/DBIC-Chapter13.pdf

I don't think that Getty has registered anything in Canada.  So, you could claim "innocent infringement", and not even have to pay the retail value of the image.

ProTip: I think that Masterfile has retained Osler (the source of the above quote) in the past for litigation...

S.G.

mreams

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Re: Got the letter ....A question and my plan....
« Reply #38 on: May 23, 2012, 09:54:40 PM »
Updatye ...May 23rd 2012 .....

Still have not anything yet.


mreams

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Re: Got the letter ....A question and my plan....
« Reply #39 on: January 20, 2013, 02:19:43 AM »
Today is Jan 20th 2013.

Just thought I would give an update.  Remember I live in Canada so that may make a difference in my situation.  My first letter was received about 10 months ago, then a second letter came 2 months later.  I have never contacted them or replied in any way.  As of today I have not had any calls, emails, or other letters sent to me.  I think they gave up because it was only 1 image in question.

Matt

mreams

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Re: Got the letter ....A question and my plan....
« Reply #40 on: January 22, 2013, 04:52:59 PM »
Of course this would happen.  2 days ago I posted an update that nothing has happened in months.  Today I got the following email:

Our file no XXXXXX
Re: Getty Images/Company Name
Settlement Offer:$1050.00
 
 
 
Please be advised that NCS has been retained by Getty Images with regard to the settlement of an image infringement claim in the above referenced matter. In that regard, we have been assigned this file, and have attached hereto copies of the letter previously sent by our client together with copies of the unauthorized images and the capture of said images on your website. Our client has attempted to resolve this claim by communicating with your company directly, but has been unable to do so. Our goal is to resolve this claim on an amicable basis, without having to resort to further action in this regard. We do have some flexibility with the amount claimed if this is resolved immediately. Alternatively, if we cannot settle this imminently, we would be obligated to refer the file back to our client for further action including the potential initiation of suit.  It would be preferable to settle this matter upon terms agreeable to both parties, and to avoid the time and expense of potential protracted litigation. We trust that we can resolve this amicably, and we look forward to hearing from in this regard upon receipt of this email.
 
 
Our client understands that a third-party designer, employee or intern may have been contracted to design and develop your company’s website. However, if no licenses for use of the images from our client exist, the liability of any infringement ultimately falls on the company displaying the imagery, which is considered the end user. If this situation applies to your company, please contact the third-party to inquire if there are any licenses from our client for the specific use of the images in question. If this is the case, please contact us as soon as possible to provide the invoice number or sales order number information and we will research accordingly. If a third party who supplied the images is willing to settle on your behalf, that third party may contact us to settle this matter. If the third party is unable or unwilling to settle on your behalf, we will continue to pursue your company as the end user of the image. Any pursuit by you of reimbursement from the third party would be between you and the third party, separate from our claim against you.
 
 
 
While we appreciate the removal of the represented images from your website, removal of the images alone does not settle the matter. Since your company has already infringed the copyright by using the image without a valid license, the photographers are entitled to compensation for the use of their work. Therefore, our client will continue to pursue settlement of the demand. We are seeking payment for the unlicensed use of the images.
 
 
 
This is an effort to effect a settlement and any information obtained will be used for that purpose.
 
 
Sincerely,
 
 

Darlene Connor
Recovery Specialist
NCS IP Solutions LLC
393 Interstate Blvd.
PO Box 50276
Sarasota, FL 34232
T - 941-371-9900x220
F - 941-371-9901
 
 
THIS IS AN EFFORT TO EFFECT A SETTLEMENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.


Any advice anyone?

Robert Krausankas (BuddhaPi)

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Re: Got the letter ....A question and my plan....
« Reply #41 on: January 22, 2013, 05:06:18 PM »
tell them this is a claim not a debt, they are required to send it back to Getty, tell them if they contact you again you will report them for misbehaving and not following the laws regarding the fair debt collection act ( or whatever it is called), they have no standing...then prepare to get a letter from ass hat seattle attorney Timothy B. McCormack....easy peasy..
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..

stinger

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Re: Got the letter ....A question and my plan....
« Reply #42 on: January 22, 2013, 05:09:17 PM »
This is kind of interesting, a FL company chasing a Canadian for Getty.  Isn't Timmy a lot closer geographically?  Or does he not chase cases where "innocent infringement" might be involved outside of the U.S.?

SoylentGreen

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Re: Got the letter ....A question and my plan....
« Reply #43 on: January 22, 2013, 05:27:46 PM »
They're using a company in Florida to chase a Canadian because it's illegal for collection agencies in Canada to pursue people for something that's not a debt.

Now that Getty's messed up and done something that's illegal, they've basically screwed themselves. lol

S.G.


Robert Krausankas (BuddhaPi)

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Re: Got the letter ....A question and my plan....
« Reply #44 on: January 22, 2013, 05:32:07 PM »
in the meantime I'll be adding Darlene Connor / Recovery Specialist to the ever growing list of scumbag copyright trolls....
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..

 

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