ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: mcairns on March 17, 2011, 06:49:39 PM
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I just recived a letter from Getty requesting $1225 for an image infraction I called them and they reduced it to $1040 which I explained was a crazy amount for the infraction because I was unaware it was copyright as it was purchased as part of a template I used on my website they said they captured the image in November of 2010 and my site was offline then the company I was subscribed too were out of business and the site was not going anywhere so I just left it offline.
I also contacted the photographer of the image in question and he said he has no control of what Getty does with his images so he could not help.
I am just looking for ideas there is a lot on this website so looking for pointers for my next step?
Thanks to Anyone that could help!!...
Mark..
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Respectfully, and because he has helped so many on this site, your best bet is to contact Oscar.
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Do I contact him on this site or via another way?
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His contact info can be found in this thread:
http://www.extortionletterinfo.com/forum/read.php?2,1702
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Actually, Oscar's contact info is on SEVERAL PAGES/PLACES on this website not to mention the HOME PAGE but one has to make a tiny effort to search for it.
I also think it is tragic how we have entire videos and interviews freely available to subscribers that discuss the situation but some won't take the time to educate themselves.
There is a reason why an entire website is devoted to the subject. Solutions cannot be encapsulated into 3 sentence answers so I won't even attempt it.
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Thank you Mathew I was kind of angry at the company when I wrote this I am currently going through all the information on the site and I am grateful for you guys putting up all this information I was just frustrated when I first found the site and that so many people are being forced into the same situation.
I have sent an email to Oscar and I am awaiting a reply thanks for the help.
Mark.
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Wow looks like someone hijacked my post I wish to thank both Oscar and Matthew for having this site up without it I would have been floundering around in google land without a clue I look forward to hearing from Oscar so I can discuss my next step agains the evil Getty machine...
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Mccairns,
You bring up a good point. I might need to break this thread off.
UPDATE: A line of discussion was broken off and a "new" thread was formed called "Rebuttal to Oscar not responsive"
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I got my letter on March 10th and they deadline to pay the fee was the day they sent the letter March 8th should I send them an email appoligising for the error and that the site has been down all year and to ask for a extension while I wait for Oscar to get back to me?
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If you feel you must respond, you can simply let them know Oscar will be contacting them on your behalf. They know Oscar and this website very well.
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Hi,
First thank you for this site - it has been an invaluable tool for research on this situation. A client of mine received this letter several weeks ago demanding $2500 for two images I used on her website, which were distributed by a royal free site years ago. Of course the images were immediately deleted and archives.org contacted to remove their archives of my clients site. I have told her to put off responding to Getty until I could talk to Oscar first. I have sent several e-mails to Oscar. I know he is very busy and I would rather wait for him to respond to me, then look for other legal counsel. Can you please elaborate on the above post re: letting Getty know that 'Oscar will be contacting them on your behalf'.
Cheers,
Sue
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Is there any way of checking the picture is registered as a copyrighted image I checked http://www.copyright.gov/records/ but found no listing for the collection or the name of the image is there somewhere else it could be listed?
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Hey Sue:
I don't seem to see an email from a "Sue" re-email me at xxx. Don't worry so much about Getty's artificial deadlines. Once you email me I will get you the info on what is covered by our letter program and how to retain me if you are interested Thanks
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It is very difficult to check for these images in this fashion. Getty has registered The Stone Collection I believe with the copyright office so if your image comes from that collection it is likely registered. If someone more tech savvy than I can figure out a way to search for these images, I hope they post the details of how to go about it on this site.
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Oscar have you recieved my email yet?
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which email address did you send it to? I dont see it
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I will send it again I plan to call you on Tuesday since I have a day off I saw that after 11am is prefered is that a good time?
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Hi Oscar,
I have re-sent my orginal e-mail to the e-mail address you provided in this thread. Please look for sender [email protected]. I look forward to hearing from you re: this situation.
Cheers,
Sue
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Hey Sue:
Couldn't find it. Give me a call tomorrow afternoon at my office 516 741 3222 or try to re-send it (or both)
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Hey Oscar I faxed everything over on 4-5-11 did you get everything?
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Sure did Thanks
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Thanks Oscar..
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I haven't found any discussion of this aspect of Copyright law, here. My client's deadline for responding to Getty is April 13 (today as I write).
I've put in a fair amount of research on this topic and after reading the Fair Use clauses on the law, he looks very clearly covered by it to me in spite of them pointedly telling him he wasn't. His use of the image I created for him (an illustration in which I used, highly changed a portion of their allegedly (none was present on the page I pulled it from) copyrighted image was not for commercial but for educational purposes. He does sell a product, but this illustration was used in a discussion he had put up for public education that had nothing to do with the product he sells.
I wondered if this has been successfully used in warding them off.
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I'm wondering if anyone has offered to counter-sue Getty over their heavy-handed letter? Getty's letter to my client has clearly damaged MY business because of what and how they presented the issue to him. So he of course now considers that I 'stole' images in my work for him, and put him at high risk for loss. He's threatened to sue me for all fees Getty extracts PLUS any court costs if they win. Both he and another client who recommended me will now no longer give me their business and Getty is directly responsible. (Same client that looks very covered by Fair Use doctrine).
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You can sue anyone for anything for any reason. That is why we have frivolous lawsuits abound. The legal system can be used and abused.
However, if you decide to sue, the question is can you win? And if you win, how much can you win? You have to be clear what you are trying to achieve by suing someone. Suing doesn't always mean winning. Winning doesn't almost mean you get much. And even if you get a good size judgment, it doesn't mean you can easily collect.
Matthew
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that's a good point. we had a tenant who stopped paying rent and didn't pay rent for months. we took her to court after she refused to pay rent and/or move, and we won a judgment. she actually paid us $50 a couple times randomly, but then we never heard from her. how, realistically, were we going to pursue her for money she didn't have? it takes a lot to garnish wages, etc.. a friend of mine avoided paying his student loans back for years simply because he couldn't afford it, and nothing ever happened. another friend avoided paying back credit cards for years simply because he couldn't afford it, and nothing ever happened. the question, for me, just comes down to how you want to live your life and the price of a good night's sleep... do you pay the mob when they come knocking on your door for protection money if it's reasonable, or do you stand up and fight despite consequences.
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The easy way to not pay anything in the U.S. is to simply be poor or live in the underground economy. No credit, no assets, no reputation, no job.
I find living transparently and trying to do the right thing generally works well. However, in the absence of that, having a tough backbone and being a tough fighter goes a long way too! People inherently know who NOT to screw with.
Because I don't have law credentials like Oscar does who can work magic with the legal system, I fight back in very different and unpredictable ways. I remember a commanding police officer was so impressed with my defense display during a speeding ticket hearing, he offered to drop the entire case on behalf of the officer under his command if he could have my display. I asked why he wanted it. He said he wanted to use it as a teaching instrument for the officers under his command! He didn't say it but I think they also didn't want to be embarrassed by the big presentation I was going to make to the judge for the entire courtroom of people to see.
Over the years, I have cultivated a reputation as person not to piss off. I tell people I am a big believer in personal revenge, payback, "eye for an eye", and having a long memory even if it hurts myself sometimes. People usually get the message.
We all have to choose how we stand up for ourselves in life.
I have a few friends that give me a lot more loving attention when their rear ends get into a pickle. I have a reputation for cutting through the bull and getting some results. :-)
Matthew
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yes
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Hey Oscar,
Just after a quick update to see if you have had a chance to send off the letter to Getty?
I know you are busy just wanting to put the wife at ease that its being taken care of.
Thanks,
Mark.
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yes letter should have gone out to you Will look into it next week
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Did you get a copy of the letter?
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I have not received anything yet when was it sent?
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Did you get a copy of the letter?
Still have not received a copy of the letter sent you an email about it but I know you get lots of those to go through so thought it would be easier to contact you on here.
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Did you get a copy of the letter?
Hey Oscar I saw on another post that you have been busy with court etc could you have your secretary look into this to see if they sent a copy of the letter I have not heard or received anything.
Thanks,
Mark