Messages

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 18, 2014, 02:00:17 AM »

The more I read and think about this the more that I am convinced that if this went to trial that the judge would laugh it out of the courthouse. I'm less worried about this now, and after seeing how many people are getting these letters and being frightened into settling, more eager to fight this if need be.

Interestingly enough, I wonder if they have to furnish proof that they're able to sue for the alleged copyright holder. I mean, what's to stop someone from claiming that they have permission to sue over an image when in fact they do not? Maybe Craig Sanders also has a bridge he'd like to sell me?

I don't tolerate bullies very well.

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 17, 2014, 03:05:51 PM »

Paying them off is really the last thing on my mind right now.

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 17, 2014, 10:02:05 AM »

They are claiming to represent the publishing company that owns this newspaper (as well as others in the region.)

So there's two things I can think that they're claiming copyright of:
a) The original layout of the front page of the newspaper from that day.
b) The image that someone took (a scan I suppose?) of that newspaper page.

From what I can piece together, last year was the 50th anniversary of a big fire. A user on my site quoted an excerpt from a newspaper article (from the same paper) talking about the anniversary, linked to their site, and also grabbed that image which got republished in the anniversary article. Interestingly enough the anniversary article that my user linked to does not seem to be available anymore.

I totally agree that this is pretty clear-cut fair use. I'm just worried about the expense of having to prove that in court. On the other hand if it got to that I'd definitely be looking to recoup my attorney fees.

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 16, 2014, 03:46:37 PM »

Unfortunately the user did not just hot link it, they attached the image file to their post. (So the file physically resided on my web server.)

Glad to hear $400 for a consult was ridiculous. That's what I was thinking but I have very little experience dealing with attorneys.

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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 15, 2014, 08:39:01 PM »

I hope it's alright if I jump in this thread with my Sanders Law story. If not I can certainly start a new thread.

I just came home tonight and found a regular mailed quasi-DMCA takedown notice from Sanders waiting for me. I run a discussion forum about a specific geographical area. I don't run ads, I don't make any money from it. It's been a labor of love.

In August 2013 one of my users linked to an article from a local newspaper about a forest fire that happened in 1962. They also posted a picture of the front page of the newspaper from 1962. Sanders is claiming that that image is infringement. I don't know if my user scanned his own copy of the front page in, or if that front page image was in the article that he linked to (which has since disappeared.)

I have not filed for the Safe Harbor protection with the Copyright Office. I wish I had known about it before this happened.

I'm not sure what I should do here. I see other people have been sued by Sanders and have lost. I also don't have a ton of money to throw at this. I've reached out and found a local attorney who will do a consult for $400. If there's something I should try before I go down that route I'd greatly appreciate it.