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Author Topic: Here Is My First Response Letter To Getty > Please Review & Use  (Read 7323 times)

SuperWaterMan

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Hey ELI Community,

Here is my first response letter to Getty Images ...

http://www.scribd.com/doc/175592421/Getty-Response-Letter-1 >

Please read, share, modify and use to your liking. Let me know what you think.

Fight Legalized Extortion !!!  8)

Robert Krausankas (BuddhaPi)

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #1 on: October 12, 2013, 02:26:47 PM »
Welcome the the merry-go-round!...While a good letter on the surface, you'll get the standard reply and demand, doesn't much matter that the image may be available elsewhere for "free", that sdoesn't mean those other sources have permission to use the image in question.. Getty will claim you are still guilty, and they will back up that up with your own words in the letter, being as you freely admitted to using the image.. You never should have admitted anything, whether it was intentional use or not. For all they know you could have simply been linking to the image in question, which would not be considered an infringement, and they would have to prove their case...You've just taken that out of the equation.. a screen capture really is not proof of anything without the supporting code behind it...
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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Greg Troy (KeepFighting)

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #2 on: October 12, 2013, 08:31:20 PM »
Robert is correct, Getty won't care and will tell you they appreciate your reply but you still own the money.  They will take a slight discount if you pay withing a certain time frame but you still owe the money.

Keep reading the forums and asking questions on anything you can't find or don't understand. 

Please keep us posted on what you decide to do.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

Robert Krausankas (BuddhaPi)

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #3 on: October 12, 2013, 09:35:25 PM »
I took the liberty to visit some of the referenced "free / public domain" site in the response letter, and some of them state that images may be copyrighted / trademarked and to use at your own risk... The real problem with these sites is noone knows for sure where the images are coming from, and IF they are indeed public domain.

Nothing bugs me more than seeing new folks that aren't educated send off letters that might do more harm than good..no offense to the OP, but IMHO this letter fed into Getty's hand, and my guess is they will take advantage of this...I hope I'm wrong.
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..

lucia

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #4 on: October 13, 2013, 02:29:47 PM »
It's one image. Getty probably won't sue. But we can be 99% sure Getty will respond with another scary letter. They do that even when they are 100% wrong. 

SuperWaterMan

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #5 on: October 13, 2013, 10:47:26 PM »
Thanks Lucia, Robert & Greg for your responses.

Good that I did not send the letter yet  :)

Where can I find wording for a letter that does not admit to usage ?

Thats what I am seeking  8)

I await your replies.

Thanks,
Leslie

lucia

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #6 on: October 13, 2013, 11:25:47 PM »

Quote
As soon as I read your letter I immediately removed the image from our website andmade sure no copies existed on the computer or backup drives.

Maybe you could word it to say you modified the html of your pages to ensure the images in question no longer appear when your pages are display. This leaves the question open whether the images were  were stored on your server.

But bear in mind: If you did store the images on your server and Getty has gotten some smarts they will have started to store html. In which case, they will know you had the image on your server. (Still, don't say actively admit it. If they want to tell you they know it was on your server, let them say so.)

Also: Do not tell them where you "get" your images. None of that information needs to be shared with them. But either now-- or when you get the next letter-- be ready to ask them for proof that they have a right to represent the copyright owner. So: registration, contract and so on.

Also, in the meantime, it can be useful to learn how to look up registrations at the US copyright office. (It's not that hard.) In fact it's useful to do this before sending any letter. (We can explain how. But it's late-- so if you need help, ask, and I can point you to the place tomorrow.)

Robert Krausankas (BuddhaPi)

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #7 on: October 14, 2013, 06:51:42 AM »
I believe due to our wonderful government sutting down, that the search function may be disabled, I know they are not taking any new registrations.. Lucia is 100% correct, they don't need to know where any images come from.
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..

Lettered

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #8 on: October 14, 2013, 01:44:37 PM »
I think Getty monitors this forum, right?  If so they may have already seen your letter. ;)

Not that I think any of this really matters at all in the grand scheme of things . . .

Thanks Lucia, Robert & Greg for your responses.

Good that I did not send the letter yet  :)

Where can I find wording for a letter that does not admit to usage ?

Thats what I am seeking  8)

I await your replies.

Thanks,
Leslie
« Last Edit: October 14, 2013, 01:49:08 PM by Lettered »

Robert Krausankas (BuddhaPi)

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #9 on: October 14, 2013, 01:51:42 PM »
I think Getty monitors this forum, right?  If so they may have already seen your letter. ;)

Not that I think any of this really matters at all in the grand scheme of things . . .

Thanks Lucia, Robert & Greg for your responses.

Good that I did not send the letter yet  :)

Where can I find wording for a letter that does not admit to usage ?

Thats what I am seeking  8)

I await your replies.

Thanks,
Leslie

yes they do , and yes they have seen it, i'm sure..
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..

SuperWaterMan

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #10 on: October 20, 2013, 11:47:44 PM »

Quote
Also, in the meantime, it can be useful to learn how to look up registrations at the US copyright office. (It's not that hard.) In fact it's useful to do this before sending any letter. (We can explain how. But it's late-- so if you need help, ask, and I can point you to the place tomorrow.)

Lucia, How do I look up copyright registrations?

Love,
Leslie

Oscar Michelen

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #11 on: October 24, 2013, 01:33:56 PM »
Hey Leslie - I would not worry about Getty seeing the letter - they send out thousands of these a week and do not spend too much time personalizing their response to you. In any event, the mild admissions you make in the letter all go to liability or fault and that is not the issue, it is the value of the alleged infringement that is the main sticking point here.

lucia

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Re: Here Is My First Response Letter To Getty > Please Review & Use
« Reply #12 on: October 25, 2013, 06:34:28 PM »

Quote
Also, in the meantime, it can be useful to learn how to look up registrations at the US copyright office. (It's not that hard.) In fact it's useful to do this before sending any letter. (We can explain how. But it's late-- so if you need help, ask, and I can point you to the place tomorrow.)




Lucia, How do I look up copyright registrations?

Love,
Leslie

Sorry for the delay,
The copyright registration search tool is here:
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First

It's a bit strange.  But, what seems to work best is to first enter the author name in the "search for". Select "100 results per page" this is helpful because of the strangeness.)

If the author has a common name you'll wan to click "other search options" which get you here:
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?PAGE=bbSearch&SEQ=20131025182816&PID=XMRpauJGK4qaZwbsjb0IPmsUD-Gyp

You'll want to use the authors name-- and try various choices for name (claimant etc.)

If you are getting a lot of results, you might want to try "search limits" (Look to the right of the page). Pick "visual materials". 

Usually, if the name is unusual, you get no results because most of these photographers don't register anything. But if yours is the exception, you'll probably find LOTS of results.  In which case, the issue is whether the image YOU are dealing with is there.  The least ambiguous case is actually when you do find the photographer has registered something (often for a book by someone else!) but doesn't register much-- and in particular did not register anything around the time your photo was registered.

Sorry I can't give better advice, but it's really a crotchety system. (I can't compare it to healthcare.gov because I haven't tried that one. :) )

 

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