My letter Experience

[Robert Krausankas (BuddhaPi)]

I had them at one time, and would be willing to bet I still have them somewhere, I've been looking for the last week or so, If my memory serves me ( which sometimes it doesn't) I think it was a stack of 10-12 CD's, broken down into category's, I'll keep digging, may have to head into the attic next..

[Totally Fed up]

A quick update and a question. I did write a letter to them after making a phone call twice, and about 3 weeks later I am told a letter came back to me but they wanted the person to sign for it as I wasnt there and they refused. So I have no idea now what their response would have been or what is going to happen next.
I do have a question though, If they decide to go to court, will you get a certified letter in the mail or will someone knock at your door and say, you have been served? My letter to them basically asked if the images were registered and I wanted a history of the prices of the images since they were asking for so much for them from me. So they could have had an answer to that. I did do a search and did not find them in the copyright office however.
So what do I do next, just wait to see what happens? I don't see a point in contacting them at all. What do you think?

[Robert Krausankas (BuddhaPi)]

I find it hard to imagine they would file suit over 2 images, but the fact they may have sent a registered letter is a bit concerning. I thinhk ( and I'm not positive) that in order to be "served" it has to be done in person, by an official of some sort. I would be tempted to wait it out and see what happens next, but it's your call. Do you know if the letter was from getty, or perhaps NCS recovery?? or maybe even McCormack?

[Totally Fed up]

Yes it was from getty. So you are thinking that after sending them a letter it is not common for them to send a registered letter back then?

[Robert Krausankas (BuddhaPi)]

well it's the first I've heard of something like this. I wouldn't get to freaked, as it may have been a copy of the same letter they first sent you, with the exception of them stating that they will provide the requested info when it goes to court..which is a typical response.

[Jerry Witt (mcfilms)]

So what do I do next, just wait to see what happens? I don't see a point in contacting them at all. What do you think?

Wait. Wait and dodge. Your job is to make it as painful and as difficult as possible for them to try and squeeze money out of you. Their certified letter arrived when you weren't around to sign for it? Tough luck. Let them try and contact you again. You gave them very legitimate questions you needed answered before you could even consider their claim. They have yet to provide answers. Ball's in their court.

[SoylentGreen]

I agree with McFilms, of course.

I also think that this is all trickery on the part of Getty and McCormack to make it appear that the case has been "escalated".

I'm thinking that the alleged "certified letter" thing is a lie.
If there was a certified letter sent to you, wouldn't you receive a notice to sign for it and pick it up at the post office?
Even if you weren't "home", you'd get a notice in your regular mail.

If was a courier that came, they'd leave a notice in your door that they'd come by the next day, or you could pick it up at the local office.

Anyone worried about an actual lawsuit can check Justia Dockets to see if anything's been filed.
Nope.  Nothing new on there.

Lawsuits haven't worked for Getty, and all they have left are tricks and intimidation.
Don't fall for it.  You can find the truth about any of this stuff.

The "golden age" of the stock image market was when the web went "graphical" up until the dot-com bust/911.
It was slipping past before most people even realized it was happening.
I think that the golden age of stock image copyright trolling is on the decline as well.
People can find out in seconds what it's all about and how to fight it.
Judges know all about it now, too.

S.G.

[Totally Fed up]

hi all, I have to explain more on this and why it seems confusing. The certified letter came to the house but someone was there, just not me, so someone  refused to sign for the letter because they didnt know what it was so I think when you refuse it, it goes back to the sender. well in the meantime, a few weeks went by and this time they send the Mccormick letter asking for more than twice the amount of the original price. (this wasnt a certified letter) Didnt give me any info on copyright or answer any of my questions at all, just the same bs that you have 3 weeks to pay etc. so I am wondering now that they are asking for more, do I write and offer a settlement on what I feel is right to pay then let it go from there, or just ignore the letter and wait and see. If I ignore it, do they raise the price in each letter when you receive it?
another question, can I get an LLC for the business at this time and will that protect me if this goes further or because they started this months ago, is this something that wont work to protect me? They are not sueing, just asking for money, so I am thinking this might be a good move. Any thoughts on this? thanks for all your help. When Michael gets that book together I am so buying it!!

[Peeved]

hi all, I have to explain more on this and why it seems confusing. The certified letter came to the house but someone was there, just not me, so someone  refused to sign for the letter because they didnt know what it was so I think when you refuse it, it goes back to the sender. well in the meantime, a few weeks went by and this time they send the Mccormick letter asking for more than twice the amount of the original price. (this wasnt a certified letter) Didnt give me any info on copyright or answer any of my questions at all, just the same bs that you have 3 weeks to pay etc. so I am wondering now that they are asking for more, do I write and offer a settlement on what I feel is right to pay then let it go from there, or just ignore the letter and wait and see. If I ignore it, do they raise the price in each letter when you receive it?
another question, can I get an LLC for the business at this time and will that protect me if this goes further or because they started this months ago, is this something that wont work to protect me? They are not sueing, just asking for money, so I am thinking this might be a good move. Any thoughts on this? thanks for all your help. When Michael gets that book together I am so buying it!!

Given your questions, I must say that it sounds like your fear is starting to get the best of you. Their tactics appear to be working here. Have you considered Oscar's Letter Program? For a couple hundred bucks you would not have to worry about being further contacted by any of them directly. Perhaps it's something to think about.

[Totally Fed up]

The fear will last a day or so then turn to being pissed off again so I dont mind hanging in there but would like to know what to expect from here. Do I ignore the letters from now on from Mccormick, or send what I feel is a reasonable offer to pay it off which wouldnt be much to them I am sure? 

[Peeved]

The fear will last a day or so then turn to being pissed off again so I dont mind hanging in there but would like to know what to expect from here. Do I ignore the letters from now on from Mccormick, or send what I feel is a reasonable offer to pay it off which wouldnt be much to them I am sure?

Unfortunately no one can predict "exactly" what to expect from the trolls because every case is different. Without legal counsel, the trolls can and will continue to put pressure on you to get you to pay. They can send as many threatening letters as they wish, raise the demand price, or whatever it takes to get you to pay.

If you have been following the threads here, you will see that most people who have made "reasonable" offers have had those offers rejected. It's really up to you to decide whether or not you wish to continue to go back and forth with them. You have already demanded proof and asked the right questions for which they have refused to give you answers.
"GAME OVER" in my opinion.

Handling it on your own means dealing with the threats and learning what happens next as you go along, same as others in the same situation. If you are not ready to fight this all the way on your own, again hire Oscar.

Always wishing the best.

[Totally Fed up]

Ok thanks! The way I see it now is going back and forth is pointless really. They want one thing, I want another and definitely feel my rights have been violated or to put it another way, I'm being ripped off.
I did put the effort in by calling and writing. I still feel they are unreasonable and wrong and even if someone came to me, gave me the money to pay them, and I did, I would always feel they won on something that was so very wrong and I don't want to be the one contributing and feeding on something that should be taken down for good. I wish it was possible for all of us to sue them at the same time and stop them from doing this to anyone they feel like it. When I tell others they go after people who bought the images, they can't believe it and I plan to tell as many people that I can reach so they are very informed when wanting to put a picture on their site.
I suppose that's why Matthew made this site to begin with and in reading the forums I can see its helped many!

I find this interesting: If they can put technology in the picture to track it, why don't they put technology in the picture that tells someone their license expired or it is copyrighted? I am sure it is not hard to do for a programmer.
We all know the answer to that! thanks everyone for the advice and help!

[Matthew Chan]

This might sound a bit cynical but I have found most people don't give 2 licks about this issue until THEY get THE LETTER.

Then, all of a sudden everyone hangs on every word that Oscar and I say.  But for the most part, most people are oblivious and even when you tell them, it really doesn't register.

Early on, I used to try to proactively get the word out. Not any more.  Basically, I sit back and let people come to this website.  We are all over the Google search engine nowadays.  It's really strange to have the people we dislike continue to drive people our way.

The meaner and badder the copyright trolls are, the greater our stature becomes in all this.  Of course, the meaner and badder they are to ELI, the harder and meaner we bite back also.

A number of lawyers have learned the hard way with their tarnished reputations.

When I tell others they go after people who bought the images, they can't believe it and I plan to tell as many people that I can reach so they are very informed when wanting to put a picture on their site.
I suppose that's why Matthew made this site to begin with and in reading the forums I can see its helped many!

[Robert Krausankas (BuddhaPi)]

I agree with Matt's sentiments, most people could care less until they are forced to get involved. I tell every new potential client about the pitfalls of stock photo's and I can clearly tell by their demeanor, they could care less, and have even had several state they would take their chances. I've gone so far as to include in my contract a section about copyright and a hold harmless blurb, so they can't come back at me for any reason..

[Robert Krausankas (BuddhaPi)]

A number of lawyers have learned the hard way with their tarnished reputations.

I tend to look at the "tarnished" part a bit differently...They got FREE advertising, their names now appear much higher in the SERP's, which equates to potential clients finding them much easier...Maybe I'm just being the glass is half full type of guy!