Messages

1

Getty Images Letter Forum / Re: Is this a Defense???

« on: February 03, 2015, 03:57:14 PM »

I also found this one: http://www.selling-stock.com/Article/getty-images-aef-lose-photographer-lawsuit

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Getty Images Letter Forum / Is this a Defense???

« on: February 03, 2015, 03:54:41 PM »

One of the reasons I refuse to give in to the ridiculous demands of Getty is that they have lost a lawsuit brought by a photographer because they distributed his photographs without his permission.

http://petapixel.com/2013/11/23/daniel-morel-awarded-1-2m-damages-law-suit-afp-getty-images/

Because of this situation I would think that Getty would need to provide proof that they owned the rights to image at the time of the supposed infringement.  Would this seem reasonable in court?

Also, is anyone aware of any other lawsuits similar to the Daniel Morel case??  If so please post.

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Getty Images Letter Forum / McCormack Threats Continue

« on: November 17, 2014, 12:09:19 PM »

In 2004 I wanted to create a website but didn't have the skills necessary to do so.  I literally typed "free website templates" into Google and was able to find a website that allowed me to download a website template.  I think all I needed to do was take a marketing survey in order to obtain the template.  At the time I was beginning to learn FrontPage.  I never got around to creating the website but I did have it saved on my hard drive.  Fast forward to 2009. I needed to create a website that marketed my freelance programming skills.  While in the middle of a frustrating attempt to create a website, I found the website template I downloaded back in 2004 and just decided to use that to save myself some time.  I also liked it better that the one I had tried to create.  To make a long story short the template had a banner with two images that are small and barely noticeable.  They are so generic in nature that I barely noticed them as they are a part of a background in the banner.  I just thought that they were pulled from the Microsoft clipart that is a part of FrontPage.  Well, it turns out that Getty through their SpyBot found the images and have claimed damages of $2,200.  I got the first letter two and a half years ago.  I made the mistake of engaging them, I never admitted guilt.  I asked for proof that they owned the rights to the images back in 2004, but they refused to provide any copyright proof of any kind.  Although I didn't tell them this, I refuse to pay them without proof given that over the last few years photographers have sued Getty for distributing their images without their permission.  Given the current landscape it seems crazy to pay them anything without proof.  The demands are exorbitant given the lack of intent and the actual images themselves.  I hadn't heard from Getty/McCormack in about a year, but just got a letter last week making the same demand for $2,200.  I guess my question is whether anyone else has had a similar experience and if there is any advice for me going forward.

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Getty Images Letter Forum / Getty vs. Porn Trolling Model

« on: July 17, 2013, 11:50:25 PM »

Who started the copyright trolling model...the porn industry or Getty?It seems like the exact same model.
http://www.businessweek.com/videos/2013-07-16/porn-copyright-trolls-receive-punitive-sanctions

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Getty Images Letter Forum / Re: Got 3rd Getty Letter Now I'm Not Sure

« on: April 09, 2013, 09:54:28 PM »

Does this really work?  I have spent hours on this and would like to know if it's within my rights to charge them for my research, reading, and writing.

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Getty Images Letter Forum / Re: Should I bring up the case of Photographer Daniel Morel in response to Getty

« on: April 08, 2013, 10:22:47 PM »

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. 

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Getty Images Letter Forum / Should I bring up the case of Photographer Daniel Morel in response to Getty

« on: April 08, 2013, 08:17:21 PM »

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. 

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Getty Images Letter Forum / Re: information to send or not to send

« on: February 05, 2013, 10:16:36 PM »

One more question...I have already prepared letters of complaint to the Federal Trade Commission, Better Business Bureau, Attorney General, and my congressman.  Should I let McCormack know I will follow through with these complaints or should I just file them ahead of my response.

The thing that is ridiculous is that all McCormack did was provide a Getty catalog number as proof.  He didn't even sign his letter.  It was just copy that was an obvious form letter.

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Getty Images Letter Forum / Re: information to send or not to send

« on: February 05, 2013, 10:03:21 PM »

I am confused based on Stinger's response.  I have already responded to Getty Images and have now received a letter from McCormack.  Does that mean I can no longer use Oscar's Defense Letter?

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Getty Images Letter Forum / Re: Entrapment???

« on: January 27, 2013, 10:37:40 PM »

HYPOTHETICAL SITUATION:  Getty sets up an off-shore fake e-commerce site that offers website templates.  I obtain a template in good faith with the images in question.  Getty knows that I obtained the template and eventually comes after me.

I obtained the template in 2005, but didn't use it until 2011.  I have been looking all over for the company that offered the templates, but can't find it.

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Getty Images Letter Forum / Entrapment???

« on: January 27, 2013, 09:36:28 PM »

I used a website template that I obtained online that has gotten me into this mess.  How can I possibly confirm that Getty isn't using some off-shore presence to entrap me.  I obviously can't prove it, but given their tactics it makes me wonder.