Messages

1

Getty Images Letter Forum / Re: Requesting registration proof in advance

« on: October 12, 2011, 01:51:25 PM »

I'm thinking to hire Oscar to send MacCormack a letter but I wonder if it's too late at this point and they would respond back with the same thing (providing proof only in litigation context during discovery procedure).

Does Oscar's cookie cutter system includes keeping me informed of their responses? What does Oscar do when receiving such response, does he recommend to ignore it based on the fact that they haven't filed any cases for 1 picture?

Please advise

2

Getty Images Letter Forum / Re: Requesting registration proof in advance

« on: October 12, 2011, 10:35:37 AM »

He is a friend of a friend, they called him first and he told them that he's not handling the case any more. So no I don't think they would fall into something basic like that.

3

Getty Images Letter Forum / Requesting registration proof in advance

« on: October 12, 2011, 12:17:58 AM »

I designed a website for a small business, and they received the first letter from GI one year ago.. I removed the picture immediately and responded to them via a friend attorney and GI didn't contact my client for a year until recently..

Last week my client received a letter from MacCormack asking for settlement. After coming across this site I crafted a letter for my client to send it to MacCormack requesting evidence of registered copyright.

As I spent lot of time educating myself here and going through many of the materials on the website (Great job Mathew and Oscar!) (and recently BuddaPI) I was expecting that they just stop and not bother my client again.. But unfortunately they sent another letter with a snapshot of the image, photographer name, license-type, release information, etc... as a proof of the immediate copyright when picture is created.

They stated that requesting to see the registrations prior to any litigation is not to my best interest because it incurs more cost on their part which could increase the compensatory damages. (in case they have registration of course). They also stated that GI policy is to provide copyright registration only in the context of litigation through the formal discovery procedure, this is to avoid unnecessary cost and protect their client privacy.. then they reiterated the demand for settlement..

I appreciate any insight or advises..