Received letter from McCormack

[pshresth]

Hi Oscar!
I tried to reach you over phone and also by email but didn't have luck. So, I am posting here in this forum. After two letters from Gettyimages, I received a letter from McCormack Law form. I had responded both the letters of Getty images and explained that my website was done in foreign country Nepal and that the 9 pictures that Getty claims that they belong to them were used without my knowledge. The web designer that I hired in Nepal to build the website showed me some templates with images and I approved one of the templates and they started working on. But it took quite a while. The website was live but I couldn't start business and I continued to work for other company.

I think the website was live around mid of 2008 but I was still working for other company and was not doing any business. I lost my job in June 2010 and then I started working on to revamp the website and tried to do business then in the month of October,  I received letter from Getty saying  that I infringed the copyright law and demanded $5400. I responded the letter via email explaining the situation. I was out of job and my business is in infant stage. Then they came with the settlement amount of $4590. They sent me another letter in December 2010 and again, I responded via email  and tried to explain that it happened without my knowledge and that I am not so active in business and so not able to make the payment.

Now, I have part time job and in the meantime, I am trying to do business from my home. The business is not doing any good. My financial situation is very bad. I am 4 months behind on mortgage and I am waiting for the bank to send me foreclosure notice and now, I got letter from McCormac. Now, they are asking US$ 6830.  I called this law firm and spoke with a representative there and again I tried to explain all the situation but she keeps saying that I violated the law. Finally she asked how much I can pay and in a state of confusion what to say, I offered 10% and she said she won't spend time with me to negotiate for 10%.

I asked her what happens if I am unable to pay and then she said its up to Getty if they want to further escalate the case. Can you advise me how should I proceed now? By the way, they have given me a deadline for 15 days but a week has already passed now.

[Oscar Michelen]

Sorry for the lack of communication, have been on trial (and am still on trial through Monday).  I will reach out to you again on Tuesday to see if we can connect

[dna101]

After two letters from Getty images, I also received a letter from McCormack Law firm a few days ago. When I got those letters 2 years ago and investigate everything there is on line about the scam, Getty images is running, I was advised not to respond. Every one who responded to any letter started negotiation process and we all know by now that they are using those tactics to intimidate people who are not fully aware about their rights. We are all INOCENT until proven guilty! I can see that McCormack firm is doing the same - trying to start negotiation, after they ask you to sign some affidavit to admit that you indeed stole someone’s property.
I am not an attorney, but I don't think any one should sign anything. I am surprised that after 2-3 years this scam is still alive and no one is trying to start some kind of collective law suite or reasonable settlement (in case people did use some images by mistake, as we all know, Getty is using some tactics where there is NO MARKS on the images, clearly indicating that they belong to them and there are NO COPYRIGHT proof, how did they really obtained those images. I found that some images are older then the company exists.)

They are not really listening to any reasons and I think they are looking for companies or individuals who they think will pay, just to avoid the treat of a law suite.
If they are really smart and want to collect some money – they should gave people reasonable prices to buy those images they claim were stolen from them and may be pay some reasonable penalty – no one would make a big ‘fuzz’ over that and this problem would have been closed a long time ago, but that not what they are after (I wonder, why?)
So far - Getty didn't start any legal procedure against any one. What is that mean?

I read that there is a close in a copyright law stated that if you used anything by mistake and you removed/stopped using after learning that you used someone copyright material and you never used it for commercial use - no one can really go after you.
Of course we are in America, where everyone can sue every one.

Is any one have more info - please let us know!

I think that the time has come for us to unite and finish this problem once and for all. I do believe that most of us never intended to steal anyone else material and there have to be a solution to this outrageous problem.

[Matthew Chan]

Who advised you not to respond?  It certainly cannot be Oscar or me that advised you.  I just love how there are so many people running giving such wonderful advice not to respond and probably have no direct experience or research into this situation.

People who do not respond are asking for their case to be escalated. There is also less sympathy if your case ever goes to court.

Having said that, my advice is SIGN NOTHING!  That is an entirely new twist on this case that I have not heard before. Perhaps Oscar has heard of it but I have not.

The biggest problem I see is that people remain relatively uninformed and they have little ability to get their emotions in check.

Getty Images and the compliance department can keep chugging along as they have been. One day, they will hit the wrong person and this whole situation will take an entirely different twist. When they they hit me, it created a snowball effect to having Oscar getting involved and this entire website created.

You do have the right sentiment though. One of the key factors to fighting this is unity, spreading the word, and yes, recommending this website.

However, one day they will unknowingly hit the wrong person whom will trigger a dramatic chain of events that make what Oscar and I have done the last 2.5 years seem minimal. The reason I believe that is because what I have seen on the Internet. When you continue to build and amass badwill (much like the RIAA did a few years back), there are permanent repercussions that will happen.  And the badwill doesn't disappear so easily on the Internet. There is a permanent record of it.

I could go on a longer dissertation of what I predict will happen, how, and why but I don't think I want to reveal my thoughts. (Let me provide a clue: Although I could not have predicted how fast, who I would meet, or specific events, I KNEW this website would grow and more importantly gain influence over the entire controversy. If I thought ELI would forever remain obscure, I would never have spent the time to utilize it and continue to build it to begin with.)

The major stock photo companies read this forum and website so I am not going to layout specifically how I believe they will march to minetraps. Their foot soldiers have little clue there are forces at work that go beyond what Oscar, I, and this website is doing. In many ways, the harder and faster they push, the faster it accelerates the inevitable outcomes I have predicted.

So I am patiently watching the stock photo industry and PicScout do their thing. I keep my ear to the ground with Oscar's help and I quietly observe for now.

[dna101]

Thank you, Matthew for fast response. I did read everything on your web site - really informative (not to response advise was for their first demand letter). I will defiantly response to Law Firm letter and I am thinking that Oscar will be the one who can help me with that (his fees are reasonable and as you said - once I have a legal representation - they will stop harassing me). I am not loosing sleep over it and as you recommended - we have to know our rights. I am not some big corporation that can afford those prices, but I am sure if they present reasonable price list, this problem
will be over.

[Oscar Michelen]

you can email me at xxx But look around the site and get some information it can be very helpful

[pshresth]

Hi Oscar,

4/7/2011
I sent you an email asking if you need all the letters that I received from Getty and McCormack.

4/12/2011
As there was no response from your end, I faxed all the documents, thinking some extra pages will not cause any harm.  Anthony verified that some 25 pages (approximately) were received.

4/13/2011
My credit card was charged the fee.

4/23/2011
You responded my old email (dated 4/7) with two letter words " Yes Please". Then I started doubting if you received my letters/documents and if you have sent replies to McCormack on my behalf.

Thereafter I have called your office several times and left voice messages or spoke with Anthony. I also sent you emails a few times.  As per Anthony, he processed the charge and that means my file must be on your  table. But Anthony was not able to say if a letter was sent to McCormack or not.

I am just worried about two things
1. If my documents were received and
2. If you have sent letter to McCormack for me. The law firm had given me two weeks deadline to make the payment and its been long expired now.

Oscar, you are doing wonderful job educating and helping the victims of Getty Extortion Letters. I wished you could do little better in the communication part. You should have a system that your assistant can pull up and see the status of the case.

I am sorry I posted this here as I was not able to get hold of you in phone or get a clue from your assistant if my documents were received and that you wrote letter to McCormack.

My email address: postak AT highlandasiatravel DOT com

[Jammasta]

Oscar must be really busy, because like pshresth I havent getting much response back from Oscar.  I also wanted to find out if Oscar has me in his files since my credit card too has been charged a few weeks ago.  I'm also worry things will escalated to another level and really need to know if Oscar is going to helping me or not.  I hope Oscar will be getting back to me soon. 

[Matthew Chan]

Thank you for writing respectful requests here. In the past, we had people who were getting downright demanding.

I am not trying to be mean here but I am not going to write a long post because it has been said MANY times. The purpose of this is to get your irrational FEARS under control by getting the proper perspective.

1. Unless you simply have an outrageous case of 10 images or more, statistically speaking, you are not going to be singled out. "Escalation" only becomes meaningful if there is a lawsuit (which has not yet happened).

2. Oscar has well over 500 cases on his desk.  No offense, there is nothing special about your case that would make your case go to the very top and a lawsuit filed. If any lawsuits are going to be filed, it will likely be the older ones first.

3. There is a serious backlog of Getty cases with and without Oscar's involvement. As I said, unless there is something just outrageous on your case, the whole system is just backlogged because Getty continues to blast out the letters by the hundreds.

I appreciate that everyone wants their case looked at by Oscar. Being a squeaky wheel helps, but I am going to have to tell you that saying you are FEARFUL, WORRIED, getting an ULCER, etc. tells me you still don't understand the big picture and it will NOT speed things up or get you much sympathy because so many people are in the same boat. Be concerned and be responsible is fine but don't be irrational about this.

I am not trying to defend Oscar's delays but EVERYONE needs to get a reality check. Be persistent in trying to contact Oscar but GET YOUR EMOTIONS under control! You are doing no one, including yourself, any good by acting panicky.  It only plays into the extortionist letter scheme.  They EXPECT you to be so fearful, you will cave in and pay their outrageous fees.

That is why I keep telling people to GET EDUCATED on the issue. This is why I don't take any phone calls regarding this issue. Unfortunately, due to the huge volume of letters being pumped out by Getty, I would get very little done if I did.

I have left a message for Oscar so I am certain he knows he has many people to get back to.

Matthew

[Jammasta]

Matthew,
I certainly understand Oscar is busy and may not always get back to us immediately.  I had emailed him 3x, first 2 times he responded back pretty quickly and that he will would check to see if my case was on file or not.  I actually never got a answer back in regards to my case is actually on file or not.  I emailed a 3rd time just to follow up to his follow up, but have not heard back.   I think for me (not speaking for anyone else), I just want to know if he received my info or not.  It's been about a month now, so my 3 emails to Oscar just to find out if he has my info or not is not too demanding I think  
Thanks again Matthew and Oscar for running a great forum to help us.

-Ed

[Matthew Chan]

Jammasta,

You are not being too demanding here. Either something slipped through the cracks or you were not notified.

It is a very tough situation for everyone the sheer volume of the letters coming out from Getty.

I am thinking of alternative ways to accommodate people.  Oscar had to raise his letter price to $195 (which is still a good deal). We have these free forums.  We have our free videos and audios. There might be other options but it would be something we would have to charge for.  We are tapped out on free services at this point.

The next time I speak to Oscar, I will kick around some ideas with him.

Matthew

[Jammasta]

Matthew,
I will re-fax all the info to Oscar again tomorrow.  He has already charged me the $150.  So I'm assuming the $195 is for the new clients from here on out? 
Thanks again..

-Ed

[Matthew Chan]

If you already been charged, he won't raise the price on you. But new clients are paying $195 for now.

It is simply a matter of follow-through to find out where your case is. For the most part, he has a cookie-cutter system now (it has to be since there are easily 500+ Getty cases in 2.5 years!)

What is NOT cookie cutter is Oscar, the attorney.  There is only one of him. Even though he charges nearly $450+/hour for his New York clients, he has a large following because of his reputation. One only has to Google his name to know why.  He is involved with a lot of things besides Getty Images.

Matthew