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Author Topic: Lets fightback  (Read 14610 times)

fightback

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Lets fightback
« on: May 11, 2011, 11:05:35 PM »
We see Getty Images pictures being credited on Oprah and many other shows. Getty presents two images: one to TV , cable , satellite and other industries and makes millions letting them use their images . The other is mean and petty and an extortionist trying to make only thousands from mom and pop operations who struggle to stay in business by intimidating them into quick settlements, some on pictures Getty didn't even own at the time the businesses bought the images.

Its time to let these shows know the other face of Getty Images. I am sure Oprah and other respectable shows would stop using Getty pictures once they know they are extortionists.

People who have received these letters should email these shows and let them know who they are doing business with. Getty and other extortionists should know that in the age of internet we can fight and hurt them where it matters the most: In their pocketbooks.   

Jerry Witt (mcfilms)

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Re: Lets fightback
« Reply #1 on: May 27, 2011, 09:01:38 PM »
I agree with this! I'm sure that Oprah would be interested to learn that Getty was squeezing a tiny non-profit that is in the business of helping people with serious mental issues. Or they are harassing a small mom and pop with legal action over images that they cannot provide a chain of title for.
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.

JPicker

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Re: Lets fightback
« Reply #2 on: May 27, 2011, 09:11:46 PM »
It's also interesting that almost from the instant a news story breaks say on CNN, within minutes (or hours) of the actual event, there's CNN reporting the story and showing you images on the screen that are minutes if not hours old and good old GETTY IMAGES plastered on the image and are already claiming credit for it - so either they profess to own all the major news event images from the getgo, or, they have their own REUTERS/AP etc. photographers on their payroll ... or they have some sort of blanket licensing agreement with all the news and media outlets. Its highly suspect though isn't it? - and yet like the previous comment, they still feel the need to extort in a cyber mob like shake down, honest hard-working, well meaning people who didn't know. It's a pity they cannot be class action sued - or better yet, get a guy like Michael Moore to make a movie about them and their tactics. Hmmmmmmmmm  ;)  ;)

fightback

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Re: Lets fightback
« Reply #3 on: June 06, 2011, 11:16:31 PM »
We can also extend the fight to these attornies representing these companies. I'm sure they know their cases are solely dependent on the defendant settling their cases out of court. These attornies are in fact abusing the legal system asking sometimes thousands of dollars for 1 or 2 photographs . Their clients can't provide proof of ownership , yet they press on with their threats without providing proofs, hoping they would win getting a default judgment or settling out of court. The State Bar in their state would be a good place to start. We can put the whole correspondence in front of them and ask them to investigate these attornies. We can ask them to investigate how their clients have incurred damages upwards of $3000 for photographs not worth more than $10-20. We can challenge the State Bar to come up with any other name for their tactics other than extortion.

Oscar Michelen

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Re: Lets fightback
« Reply #4 on: June 29, 2011, 09:19:22 AM »
The getty issue has received limited press.   The LA times and the Seattle Times both did small pieces on it but that's been it. Media companies rely on Getty to supply images, they have numerous photogs out in the field and have the largest collection of archival images anywhere so I don't think media companies would be so quick to antagonize them unnecessarily.  Their lawyers certainly cannot be sued because Getty has a valid claim and we just dont like their tactics, but they are not doing anything fraudulent or illegal.

fightback

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Re: Lets fightback
« Reply #5 on: July 08, 2011, 10:38:31 PM »
Thank you for your input Oscar. I thought it could only help bring attention to this totally strange situation that getty makes money on two different levels: one in the range of millions and the other in thousands and with extorting money from  mom and pop operations or one-man shows or other businesses that innocently enough use even a thumbnail size image and have to pay thousands of dollars for it. I am hoping if enough people write and complain the big media companies would be forced to cover it. All it would take is one reporter or national newspaper or cable company to take interest and cover it extensively. About the attorneys, they probably know that their client didn't own the copyright at the time that they are threatening to sue, so in reality they are relying on the poor business person to just be intimidated and fork over the money. It is intellectual dishonesty and if not illegal, should be unethical and therefore reported to state bar. Thats just my two cents.

laveerne

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Re: Lets fightback
« Reply #6 on: July 14, 2011, 09:28:15 PM »
One of the first things I did when I received my letter (July 13, 2011) from Masterfile was to educate myself through this website, and the second thing I did was to send emails to the senators representing my state (NC).  The only way we can effect change is by letting our congressional leaders know that we will not stand for this type of behavior.  The current copyright laws need to be updated to protect the innocent since the internet is a totally different environment.  My suggestion was a cease and desist letter first.  If they do not comply, then they can go after the web owners.  If these extortionistic companies balk about that, then suggest a flat fee of $250, take the image down and be done with it.  The other suggestion was if they continue to allow this, then the US government should supply software, either free or for a nominal charge to all web creators to check an image beforehand.  This is only fair, since the US Copyright office charges $165 an hour to search and then won't guarantee the results.  We the people have to demand protection under the law from people who price gouge.  They go after gas stations that do it, so why not protect the innocent little guy in some fashion from these sleaze bags.  If everyone here who has ever received a letter would please write to their house and senate reps, we might be able to could get this ball rolling. Remember election time is coming up!

fightback

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Re: Lets fightback
« Reply #7 on: July 15, 2011, 10:04:00 AM »
That is an excellent idea. We have to fight these sleaze balls who have found a way to abuse the legal system and extort money from little people in the hopes that they would settle. Its unbelievable something like this goes on in the daylight.

Helpi

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Re: Lets fightback
« Reply #8 on: July 19, 2011, 12:13:25 AM »
"The current copyright laws need to be updated to protect the innocent since the internet is a totally different environment. "

You realize they've been passing laws because the internet is a "totally different environment."  Only not in the manner you desire. See, they realize that the "totally different environment" makes it much easier to steal peoples work and, therefore, they've made new laws to address the problem.

SoylentGreen

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Re: Lets fightback
« Reply #9 on: July 19, 2011, 12:25:41 AM »
What are the new laws that address Internet-related infringements?

S.G.


SoylentGreen

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Re: Lets fightback
« Reply #10 on: July 19, 2011, 06:06:44 PM »
I'm waiting.  What are the new laws?
The silence here after my previous question reminds me of Getty's silence when one asks for proof of their copyright ownership(s).

I'd just love to see the alleged new "Internet laws" that'll make all the small business owners and housewives pay a huge ransom for what amounts to web-sh*t for the most part.

Troll harder bro.

S.G.



laveerne

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Re: Lets fightback
« Reply #11 on: July 20, 2011, 10:38:37 PM »
Here is an excellent link addressing the issue to change the copyright laws to protect innocent infringers. 

http://www.consumersheldhostage.org/issues/legal/copyright-trolling

Look to the right of the picture and there are some links to pages that help you compose a letter and send to your congressional representatives.  It seems according to this site that the UK has already addressed this matter and a simple "cease and desist" letter all that is required for an "innocent" infringer.

Please report your cases and call your reps....we need change and we need it now!

laveerne

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Re: Lets fightback
« Reply #12 on: July 20, 2011, 11:04:02 PM »
Here is a link to the current proposed changes to the copyright law.  It is ridiculous!  I believe it is scheduled for debate/vote in August.   Please read and email your reps (link attached) and tell them to vote NO.  Instead of taking a giant step backwards, they should be moving forward.

http://thetreeofliberty.com/vb/showthread.php?t=143672


SoylentGreen

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Re: Lets fightback
« Reply #13 on: July 20, 2011, 11:40:28 PM »
Thanks for this interesting link.

It's proposed, so it's not "law" as yet.
Lobby groups can throw whatever mud they want at the wall, and see what sticks, I guess.
But, I guess that I'm stating the obvious.

There's are many problems with laws such as this.

Although it is certainly advantageous for some corporations to enjoy laws such as this (because it's a great deterrent), it's not good for society as it attempts to raise the alleged theft of content (some worth no more than 99 cents) to a level of a felony.  You won't see this happen.  Some might say, "thousands of people *probably* downloaded this from you", but now you'd have to prove it.

If the transfer of streaming content is made a felony, this means that the police and the criminal justice system would have to police it directly, collect evidence and make actual arrests.  Now we need prosecutors to finish the job.  Those arrested would have to be held in a facility at least temporarily.  We don't have debtor's prisons; we're not going to see "downloader's prisons".  It would all cost  many hundreds of billions of dollars.

If such acts are raised to the "felony" level, the level of the "burden of proof" needed (whether copyright, proof of action or even intent) to make a "conviction" would be much, much higher.  There'd be actually be less people held accountable for downloading/sharing.

An individual could be charged or convicted of a felony.  But that does not necessarily translate into a single cent of direct profit for the copyright holder.

It would be difficult to apply this scheme to images on the Internet.  I'm not buying an argument that 1/3 of all americans are actually felons.
For example, if you used a picture from anything, whether a magazine, the web, a tv show, mailed a copyrighted comic strip your buddy then you're a felon by this yardstick.
Sorry, it'll never happen.

S.G.




DontMessWithTexas

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Re: Lets fightback
« Reply #14 on: July 21, 2011, 02:43:37 AM »
The main person responsible for your letters from Masterfile is:

John L. MacDougall
Senior Compliance Officer at Masterfile Corporation

from Toronto, Canada. Here is his linked-in profile, resume and picture:

http://ca.linkedin.com/in/jlmacdougall

Look at his picture all laughing at you. I wonder how much commission he gets from each extortion letter that he sends.

It would be interesting to see who the other main people in this company are responsible for this.

 

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