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Author Topic: Recieved a demand letter today  (Read 17311 times)

mikejl46

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Recieved a demand letter today
« on: July 23, 2012, 05:15:06 PM »
Getty Images sent me paperwork that shows an image they claim is on my website, but I cant find the image any place on my site. I'm not sure what to do now, since I cant fine the image to remove.

Do I need to ask them to send me a link to the page that they say the image is on?

I plan on not responding to any of their letters, What would be the end result If I totally ignore their letter?

Thanks,
Mike

Robert Krausankas (BuddhaPi)

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Re: Recieved a demand letter today
« Reply #1 on: July 23, 2012, 05:20:40 PM »
Read thru the forums, the answers lie within...as for the image, I suggest you ftp into the server and look thru every directory, it's in there somewhere, perhaps on an old outdated / unused page..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
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Moe Hacken

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Re: Recieved a demand letter today
« Reply #2 on: July 23, 2012, 05:28:58 PM »
Did they send you a screen capture of the image in question being used on your site? If so, that could give you a clue as to which page and when they "found the infringement". Usually the screen capture shows the date somewhere on the image — IF they sent you something that's legible. They tend to send very sketchy information about the alleged infringement.

BuddhaPi is right. Read through the forum and you'll find you have several options. Ignoring them is an option, but there's a risk that they'll take legal action against you if you ignore them.

It would be helpful if you could contribute your Getty letter to Matthew so that he can post it to this forum and the community can comment. Each letter is a bit different and each situation has its own nuances that need to be considered. His email can be found on the front page of this website.
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mikejl46

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Re: Recieved a demand letter today
« Reply #3 on: July 23, 2012, 05:36:04 PM »
Read thru the forums, the answers lie within...as for the image, I suggest you ftp into the server and look thru every directory, it's in there somewhere, perhaps on an old outdated / unused page..

Thanks Robert

I will give that a try.

mikejl46

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Re: Recieved a demand letter today
« Reply #4 on: July 23, 2012, 05:39:36 PM »
Did they send you a screen capture of the image in question being used on your site?

They sent me the image and a screen capture, but the screen capture does not show the image.

Robert Krausankas (BuddhaPi)

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Re: Recieved a demand letter today
« Reply #5 on: July 23, 2012, 06:45:24 PM »
hahha, what a bunch of ass-hats! they can't even check to make sure the image is even there..they have no case if they can't even show you the image in use..look for the image and tell them to pound salt..

Did they send you a screen capture of the image in question being used on your site?

They sent me the image and a screen capture, but the screen capture does not show the image.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Greg Troy (KeepFighting)

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Re: Recieved a demand letter today
« Reply #6 on: July 23, 2012, 06:52:40 PM »
I agree with Robert, if they can't even produce a screen capture I would tell them to buzz off. It's bad enough that they will not provide proof of exclusive rights to the images as they claim and now not even provide an image. This may give us an idea of how many of these letters that they are cranking out on a daily basis if they can't even be bothered to make sure that there is image included with the screen capture. What a bunch of losers!

SG, I think this one might deserve a special picture ::)

quote author=Robert Krausankas (BuddhaPi) link=topic=3083.msg10294#msg10294 date=1343083524]
hahha, what a bunch of ass-hats! they can't even check to make sure the image is even there..they have no case if they can't even show you the image in use..look for the image and tell them to pound salt..

Did they send you a screen capture of the image in question being used on your site?

They sent me the image and a screen capture, but the screen capture does not show the image.
[/quote]
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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mikejl46

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Re: Recieved a demand letter today
« Reply #7 on: July 23, 2012, 07:18:14 PM »
I looked through all 1600 images on my site and can not find it anywhere.

Is it ok to post a screen shot of the screen shot they sent me?

Robert Krausankas (BuddhaPi)

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Re: Recieved a demand letter today
« Reply #8 on: July 23, 2012, 07:34:50 PM »
would be better if you emailed the letter and screen capture to Matthew, he'll redact your personal information, then we can all comment on it, and have it in our document library..

I looked through all 1600 images on my site and can not find it anywhere.

Is it ok to post a screen shot of the screen shot they sent me?
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

mikejl46

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Re: Recieved a demand letter today
« Reply #9 on: July 23, 2012, 10:45:03 PM »
I figured it out. There is a 400 x343 screen capture image of a website template on my website. In the top header section of that template there is some clouds.

The image they claim I have on my website is an image that shows a building under construction. I notice in the sky above the building under construction image there is some clouds that look similar. and with a closer look, there is a small section of clouds from the building under construction image that look very similar to the top header section of the web site template screen capture, so about 1/8 part of the sky in the building under construction image might be in the web template screen capture image on my website.

So for sure their search bot found the image. The human eye would have never notice. They look like any clouds you would see in the sky.

I have now removed that image from my website.

I have also read through the "A Summary of the Getty Issue in the United States" section of this site and I guess the best option for me is to ignore the letter.

This web site has been very helpful.

Thanks again

Mike
« Last Edit: July 25, 2012, 09:10:15 PM by mikejl46 »

Matthew Chan

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Re: Recieved a demand letter today
« Reply #10 on: July 23, 2012, 10:50:04 PM »
We'd love to see this image.  This is going to be the newest running joke if in fact they are sending letters over photos of clouds!  It is true that no two photos of a cloud scene can ever be the same.... but give me a freaking break.  What is so darn special about these clouds?  The buildings with the clouds?
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

mikejl46

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Re: Recieved a demand letter today
« Reply #11 on: July 23, 2012, 10:58:40 PM »
We'd love to see this image.  This is going to be the newest running joke if in fact they are sending letters over photos of clouds!  It is true that no two photos of a cloud scene can ever be the same.... but give me a freaking break.  What is so darn special about these clouds?  The buildings with the clouds?

I can email you the images they sent me of their image and screen capture,
or should I post them here?

April Brown (AuctionApril)

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Re: Recieved a demand letter today
« Reply #12 on: July 24, 2012, 01:06:46 AM »
Post them here. I want to see the damn clouds!!

Matthew Chan

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Re: Recieved a demand letter today
« Reply #13 on: July 24, 2012, 02:56:18 AM »
You can email matt30060 at gmail and I can post it.

I can email you the images they sent me of their image and screen capture,
or should I post them here?
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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Re: Recieved a demand letter today
« Reply #14 on: July 24, 2012, 07:23:52 AM »
@ Mike you mention template, are you referring to a template from template monster? IF so TM settled with Getty and will supposedly handle this for you as part of the settlement agreement..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

 

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