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Messages - Mojo88

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1
Getty Images Letter Forum / Re: Getty Letter, (RM) Images
« on: December 13, 2016, 04:19:04 PM »
I am getting harassed by Getty for 12-year old web site images. The site was built by someone else, but displayed by my LLC server space. Getty wants $5k+, which is blatant legalized robbery to me. Since my LLC is little more than a placeholder, I am letting it go the way of the dodo bird. If Getty sues my LLC, then fine. I really don't care what happens or how much it costs in legal fees, I am not paying those crooked bastards at Getty anything. It's really disappointing that our legal system allows this type of bullshit, where a billion dollar company can go around terrorizing small business people. A pox on Getty Images. I'll make damn sure to never buy anything from them in the future. Maybe if enough of us start sending letters of complaint to our new President (who appears to be very much supportive of businesses), he might force revisions to copyright laws.

And yes, I signed on for the ELI Defense Letter Program. I did my initial call with Matthew Chan, and now retained Oscar Michelin. Both have been very helpful.

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....Meanwhile, you go start an other LLC and operate from there.  Or at least have it ready on standby in case you need to move quickly. Most people are not very creative thinkers.  People can have multiple LLC's, corporations, etc. registered at the same time.  Yes, it costs a bit more in annual registration fees but it is cheap insurance. It also allows you to maneuver much easier.......

Yep, that's what I did. It's a bit of a pain in the ass, and additional expense, but I just do NOT want to pay Getty Extortionists anything at all. I'd rather give money to state and Fed and my accountant.

Thanks for all the tips and ideas!

3
....I am not necessarily recommending what the principals of Swish Suits LLC did to anyone but I do recommend being educated that it is an interesting strategic option that I would consider executing if circumstances warranted it.....

Matthew,

Interesting that you suggest this type of strategy. I am already implementing this very same strategy in Getty's claims against my LLC. Luckily (for me), my LLC's income had already been transferred many years ago. So my LLC now has virtually no income and zero assets. My LLC is a convenience, but not a necessity. The only reason I am keeping the LLC open is because Oscar said that if I close the LLC to avoid a suit, then there is a possibility of Getty going after me personally. I was not aware that the protective veil of an LLC could be pierced like that, so that's good advice from Oscar and may be worth adding to your post............

Regards, Dave F.

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They did not sue me over 50 images.  Many people, even on this board, thought they would.

Here is my story.  I hope it helps you.  http://www.extortionletterinfo.com/forum/getty-images-letter-forum/what-you-can-learn-from-my-3-year-battle-with-getty-and-mccormack-ip-law/


Helluva story. Nice work!

5
Mojo88,

I am dealing with a similar case myself, so you're not alone. If you don't mind me asking, how many images and what is their settlement offer?

In my case, it was for one image but they are asking $2500 to settle. It was an image that was on a template page that was inadvertently left public. I have a feeling the new lawsuits are to add some teeth to their LCS operating model.


There is a total of nine images, but most of them are just small snippets that the web designer culled from larger images. Getty is demanding $5,590. Oscar recommended offering $3,500 and then maybe settling at $5,000.

If I (or anyone at my company) had actually downloaded and used the images, then I'd pay. But I hired a web designer and they are the ones that should be liable, in my opinion. Of course, the truly frustrating thing is that the images may indeed be properly licensed, but since I cannot get hold of the web designer I have no proof thus I am assumed 'guilty' just because I displayed the images on my site. The law does not seem fair at all to me. In fact, it almost seems like the law was written so that they (companies like Getty) could run around and 'legally' extort millions of dollars from hapless victims.

6
We haven't had a chance to pull up the complaints in these cases but it looks like Getty Images wants to make an example out of a couple of cases here......


Any idea how many cases actually end up with a lawsuit filed by Getty?

I've retained Oscar to help with my EL from Getty and Oscar seems convinced Getty is going to file to sue my company. I refuse to settle, so they might indeed sue. I'm not too distraught as I was close to closing the company anyway, it has virtually no assets or income. I had a web site designed 12 years ago by someone who is no longer available, so the images may have been perfectly legal all along. Out of ignorance, I may have violated a technicality by not getting the licensing from the web designer, but it seems like the only 'crime' around here is that Getty can sue me.

7
yeah I felt this asshat needed a lil extra exposure and search engine juice...comments are open....as always

http://copyright-trolls.com/site/we-can-add-joel-abrizio-to-list-of-douche-bag-copyright-trolls/


seems I ruffled some feathers, and Jerk-off Joel has responded to my post...Personally I love the fact that he called me a thief several times, and that I stole from his company...i'm awaiting a formal apology and retraction of those statements.


Oh man, that blog is an interesting and entertaining read. It is truly WONDERFUL that there are some folks out there who are ready, willing and able to take on these extortion letter bandits. My company is a recipient of extortion letters from Getty Images. Even though my company didn't even create the web site containing the 'offending' images, the Getty letters made me feel like a cheat and a criminal. I was waiting for the SWAT team to smash in my door, shoot my dog and then haul me to jail for something I didn't even do.

Please let me extend a very heartfelt THANK YOU to Robert Krausankas and Matthew Chan for helping folks like me to fight back.   :)

8
Getty Images Letter Forum / Re: Getty answered to Carol Highsmith
« on: September 16, 2016, 10:21:51 AM »
If we find people who paid over public domain pictures or Highsmith pictures (or CC0, CC-BY, CC-BY-SA), then they could claim fraud.............


Engel,

Is it legal for someone to charge licensing (or whatever is correct term) fees for images that are in the public domain? Getty seems to say that it IS legal????? To me, it seems like an act of crime.

Thanks

9
Getty Images Letter Forum / Re: Agence France Presse
« on: September 16, 2016, 10:07:03 AM »
I am small business owner in Rhode Island and I am getting the extortion letters from Getty Images. I will tell you that the first letter did not mention any dollar amount, it was same language as you reference. Upon receipt of the initial communication from them, I took down the images in question, and I called them. I honestly had no idea what the problem was. The web site in question had been created (for me) by a web designer about 12 years ago.

Many of my friends say that I should never have responded to Getty - no calls or letters. I'm not sure if that's a wise approach. Someone else can chime in on that.

If Getty was honest and ethical, then I might not having a problem settling with them. But it seems to me (after reading up on this subject) that Getty is operating almost as a criminal enterprise, claiming ownership of images that are in the public domain and freely available. I find Getty's behavior absolutely terrible and I am now determined to pay them nothing.

I had a 30-minute chat with Matthew Chan, and I have retained Oscar Michelen.

Anyway, good luck with your extortion process.

10
Getty Images Letter Forum / Re: Getty answered to Carol Highsmith
« on: September 13, 2016, 09:50:49 AM »
Engel Nyst, thank you for these postings. Very interesting. Some of it is hard to understand for a layman like me, but hey, that's why we have lawyers!

11
Thank you both very much for the information. I will review and then start writing!  ;)

12
I'm a small business owner in RI, getting harassed by Getty for images on my company web site that was built 12 years ago by SOMEONE ELSE. I've had my 30-minute call with Matthew Chan and I have retained Oscar Michelen's services to help me through this, but the whole thing just pi$$es me off to no end. Especially after studying up a little on Getty Images and seeing the outright abuse that they seem to be inflicting on thousands of people.

So my plan is to write my elected officials and complain vociferously about Getty, and I am posting here for some tips about writing the most effective letters and who exactly to contact (Senator, Congressman?).

Any help would be greatly appreciated.

Thanks, Dave F. in Rhode Island

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