I just got my letter on Tuesday looking for help

[Oscar Michelen]

which email address did you send it to? I dont see it

[mcairns]

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?

[Sue]

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

[Oscar Michelen]

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)

[mcairns]

Hey Oscar I faxed everything over on 4-5-11 did you get everything?

[Oscar Michelen]

Sure did Thanks

[mcairns]

Thanks Oscar..

[sundog49]

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.

[sundog49]

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).

[Matthew Chan]

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

[parkerbenson]

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.

[Matthew Chan]

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

[Oscar Michelen]

yes

[mcairns]

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.

[Oscar Michelen]

yes letter should have gone out to you   Will look into it next week