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Author Topic: Should I bring up the case of Photographer Daniel Morel in response to Getty  (Read 5244 times)

ECA317

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I have repeatedly asked Getty and McCormack for the following information all of which they have ignored.  I am again going to demand this information before I consider a settlement.  Would it be wise to site the case of photographer Daniel Morel who won a case against Getty for publishing his images without his permission?  Would the Morel case justify my right to the information below?  Do I have a right to this information? - Thanks, Eric

•   Please inform me as to the technology that was used to scout the LogicWorks website. 
•   Please provide proof of Getty Image’s right to manage the images in question.
•   Please provide proof of proper copyright registration and the chain of title for the images in question.
•   Please establish Getty Image’s specific claims as to the duration of the alleged infringement.
•   Please clearly establish the market value of the images in Getty Image’s estimation.
•   Please provide sales data of the images at that price point and at the extra-small size for placement on the banner.
•   Please detail your calculation of this case’s share of the “costs incurred related to the pursuit of the unlicensed use”.
•   Please provide an official notarized copy of your Copyright Certificate issued by the United States Copyright Office in Washington D.C. 

Greg Troy (KeepFighting)

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I would not cite the Morel case unless Getty has taken your images.  Cases that may be relevant and help would be Getty v Advernet, Davis v The Gap and Dakotah, Inc. v. Tomelleri  Information and links to these cases can be found on the site by keyword search.
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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ECA317

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I guess the reason I would bring up the Morel case is to provide Getty with cause on why I want them to provide proof that they indeed have documentation that supports their claim that they have a contract with the photographer. 

Greg Troy (KeepFighting)

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Getty will tell you they have a contract and that they will not share it because of confidentiality agreements.  The three cases I cited will give you the information you need to make the case for proof of claim, Getty will still refuse to provide you with any proof except through discovery though.  Look up the cases here on the forums as they have been explained in detail and relevant items pointed out. 
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.

--Greg Troy

Oscar Michelen

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They will  not provide the proof you seek and its best not to engage them very much at all.

 

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