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Getty Images Letter Forum / Re: Sanders Infringement Letter

« on: December 03, 2014, 01:30:09 AM »

Thank you all for the speedy replies today.  I spent a good deal of the day researching just to make myself feel more comfortable about all this.  So only just now did I get back to check the thread. 

The image was 100% hotlinked from tumblr.com at this specific link: http://25.media.tumblr.com/32136b32f5cfd119e6c455944d98966f/tumblr_mw5iy2BjvQ1sitnino2_1280.jpg

We only allow a very small group of users to physically upload any attachments to our servers, partially for just this reason, and mostly because with as many users as we have the storage space would get pretty large pretty fast.  On that note, stupid question, what do you guys mean by a registered agent? I saw this mentioned in a few others threads, but I'm afraid I didn't find what it actually refers to. 

I'll likely just flat out ignore the letter, I haven't physically deleted anything, but moved the entire thread to a hidden area not publicly visible.  Can't say I don't entirely LOVE Robert's suggestion though.  If I could get a nicely worded, inexpensive letter, sent from an actual lawyer I'd do it in a heartbeat.  But honestly I'm not one to poke the bear, especially when the bear seems to be insane and filing infringement letters as fast as they can afford to buy reams of paper from staples. 

The one driving impetus towards me pursuing this any further would if my particular case (hotlinked image) could help cause them some trouble with their status as a law firm.  By mostly if by doing so I could help others in the future by setting any sort of precedent.

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Getty Images Letter Forum / Sanders Infringement Letter

« on: December 02, 2014, 03:36:40 PM »

I, like many here, have received a mailed letter from Sanders PLLC just today. 

It's the same standard boilerplate letter they are sending everyone that notes a settlement between $750-$30,000.

The infringement is for a single image.  They did include the specific details about the image including the app number, app date, reg date, reg number, and owner.

Image of full details so it's not internet searchable: http://tinyurl.com/kx9s7jj

I have a few questions that might nip this conversation in the bud before I have to worry about contacting a lawyer.  Any help would be greatly appreciated. I'll add a few facts before the questions.

Facts:
1) The image was hotlinked (embedded, not uploaded) by member of our site on a thread he'd made to "bump" the thread higher in the forum.  There was no other content in the single post of the image, just the word bump.
2) The image was actually hotlinked on 11/14/2013. 
3) From the letter's information the copyright application was filed on 7/28/2014, and appears to have been registered on the same date.
4) The observed date in the letter was 11/17/2014. 
5) Letter arrived today 12/2/2014, entire thread was taken down immediately.
6) URL to the Google Image search of the same image hosted and posted many other places: http://tinyurl.com/mjxp8j9 (It's a photo of Jaclyn Swedberd in a bikini, not to offend anyone)

Questions:
1) If the copyright wasn't attained until after the picture was hotlinked, roughly 8 months after, is the claim even valid.  In the case that it is, would the infringement only apply from the copyright registration date until today?
2) The image was not used in any way to promote or make money.  It was a user posting an image to get people to read an old thread by bumping it and providing "eye candy."

The advice I've seen so far about Sanders seems mixed.  They definitely appear to be a known sender of these letters and it would seem many people ignore them, with a handful of "low hanging fruit" paying up. 

If there are any other details I can provide to help with insight on this I'm happy to provide it either here of privately depending on the sensitivity of the info needed.  We are a registered business and are a for-profit company owned by myself.  The infringement letter seem pretty thin at best.  I just wanted to better understand my particular situation before I choose to do anything. 

Until I get a better understanding, I am choosing not to communicate in any way with Sanders.  Seems the best advice I gleaned was the only contact worthy is a letter from a lawyer, emails/phone calls, and personal letters all seem to fall under the same category of "not the best idea." 

Again any help would be greatly appreciated.  I did search through the forum a bit to try to get some answers on my own, but I'm afraid my legalese is horrible and none of the cases were quite the same since the infringement didn't really benefit the site. 

Thanks in advance for any replies.
 
-Nick