Messages

1

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: November 06, 2011, 03:31:49 AM »

Although the infringement may have taken place in 2007, he states Getty claims they tried to settle in 2009, not 2007. 
Does the statute of limitations start running from the date one initially infringed (2007), or upon the date of the initial letter Getty claims it sent out (in 2009)?  That would be great of the statute of limitations starts running from the initial date of infringement.       

2

Getty Images Letter Forum / Re: Getty Image Demand For Image Removed Months Ago

« on: October 25, 2011, 12:50:33 AM »

Hi Buddhapi!  How specifically do you do block their robots, for those that are not very computer savvy?  I've also read one can enter code that in theory should block robots, but in reality they don't.  These robots just ignore them.   Have you heard this too?  I'll give it shot though if you, or someone on this forum, can give specific instructions (or guide someone where they can locate such instructions) as to how to enter the blocking code.

Also, I'm aware one can enter code so Google doesn't take screen shots, but does that in any way affect a company's ranking as far as how high up a company appears in Google search results?  I am not clear on that.   

3

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: October 18, 2011, 02:59:12 AM »

Yes, if Oscar could chime in on this, that would be great.  I think this would be invaluable information to the forum given one of the  purposes, if not the main purpose, of this forum is to educate and empower, in particular those trying themselves to settle with the stock companies and certainly having an idea of what's appropriate in trying to settle is very important.  From reading the forum posts throughout, it seems most people who have infringed with an image have done so for more than a year's time, and I would think the stock companies would check screen shots to verify the time the image has been in use.  I have seen lots of posts where $ 100 - $ 300 per image is advised if unregistered (or no proof of registration), but no mention of increasing that amount if the image was utilized for more than a year's time.   

4

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: October 17, 2011, 07:35:41 PM »

I'm confused.  From what I understand through this forum and Oscar's postings and videos, for an unregistered image,       $ 100 - $ 300 should be appropriate compensation for actual damages, given fair market value should be the basis in determining actual damages.  What would one have paid had they gone out into the market place to purchase a similar type image? So I'm confused as to the suggested offering of approximately $ 1,000 if the images are not believed to be registered, as similar images I'm sure are available in the market place for only a few dollars to license.  Even if the approx. $ 1000 is to compensate for two images, plus a little extra for the inconvenience factor, I'm not understanding why $ 500 apiece is a reasonable offer to make if actual damages should be based on what one would pay in the market place, as that price would not come anywhere close to $ 500 per image.  Oscar, can you please clarify for us so we better understand.  I get that a stock companies charge hundreds of dollars for their rights-managed images and then demand their licensing fees when an image is infringed upon, claiming their licensing fee should be the basis of actual damages.  So is it $ 100 - $ 300 per image if not registered or should the offer be higher if the stock company normally licenses their image for hundreds of dollars, even if not registered?  Thank you Oscar!   

5

Getty Images Letter Forum / Re: My "Extortion" Letter Experience (Part 2)

« on: October 14, 2011, 05:03:28 AM »

Isn't that US Federal Rule of Evidence 408 rather than 403?  Just checking...  Also, doesn't Oscar charge $400 rather than $ 200 for a letter to SS?  I believe the $ 195 fee is just for Getty. 

6

Getty Images Letter Forum / Re: Are Stock Companies Playing Coy When One Requests Registration Information?

« on: September 24, 2011, 02:28:30 AM »

Anyone else have any first hand experience requesting registration information and getting the run around? ELI's advice is to request the registration information.  So I'm wondering, Matthew and Oscar, what are your thoughts on this?  Are you seeing people requesting registration information, as this forum suggests, and the stock companies responding they would have to research this and to put the time in to research is unwarranted given they are only seeking actual damages at this time?  I don't know how this wouldn't be pertinent information because if one would be potentially looking at a statutory damages case in court vs an actual damages case, that could certainly affect settlement negotiations on the infringer's side I would think. 

Would a stock company really not know at the time they are going after someone for damages whether or not they are dealing with a registered image or not?  Wouldn't this be information readily at hand?  Is trying to avoid revealing whether or not an image is registered becoming the stock companies new tactic because 1) an image isn't registered and they don't want you to know it and 2) they want to hold the threat of a statutory damages case over one's head in the hopes of settling for a higher figure? 

I'm just wondering if others are encountering this response as well, and if Matthew and Oscar are seeing a pattern as to this type of avoidance and what their thoughts are as to why this would be and how should one proceed?  Obviously, my concern would be if this information truly isn't readily at hand (though I can't image how that could be) and it turns out to be registered, that this will make settlement negotiations more difficult? (They might not be as willing to settle for an amount they might otherwise have been open to settling for when they didn't know whether or not the image was registered, though, again, I can't imagine they don't already know if it is or isn't registered from the onset.)

Thank you for any insight and guidance you may be able to provide. 

7

Getty Images Letter Forum / Are Stock Companies Playing Coy When One Requests Registration Information?

« on: September 22, 2011, 11:51:57 PM »

Hi!   Has anyone come across the following scenario:  I asked a stock image company to provide the registration information for an image they claim was infringed on.  (This is not MF.) Their response was it would take time to ascertain the registration information and whether or not that image is registered is irrelevant given they are only seeking actual damages at present so they don't see the need to research this for me.  However they went on to state should we not settle and should this escalate into court, they would seek statutory damages IF they determined the image was registered.  ELI forum (and I've read every page and watched every video) recommends only offering a nominal amount  ($ 200 - $ 300) as reasonable compensation without proof of registration.  Has anyone else run into this explicit type of avoidance by a stock company when requesting registration information? 

Secondly, I'm wondering what the possibility is that a stock company seeking damages would not readily know if they were dealing with a registered or non-registered image when demanding settlement?  Is this information they really would not have readily at hand?  And, if so (which I can't believe), is it really so time consuming to check for registration information, as they claim?  I would think this information would be readily accessible to them.  So that makes me think they are avoiding providing this information because 1) they know it's not registered and 2) they want to keep the threat of a possible statutory damage case hanging over you so you settle for a higher amount than you would otherwise if you knew the stock image company only had an actual damages case.  Anyone's thoughts on this?

Lastly, should one press the stock company for the registration information?  If they really don't know if the image is registered (which I can't believe) and then determine it is registered, might their demand increase or might settlement become more difficult to achieve?  On the other hand, how would one know what a reasonable amount is to settle for if they don't know if they're dealing with an actual damages situation vs a statutory damages situation?  Any thoughts on this?  Any advice on how to proceed forward? 

And yes, the stock companies do monitor this forum.  I know for a fact and if the moderators want more info on this, contact me privately and I'll be happy to elaborate. 

Thank you.

8

Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??

« on: August 12, 2011, 10:00:16 PM »

Hi Mr. Michelen!  Thank you so much for your reply.  That does help!  Can you give me an idea as to what a reasonable figure might be per photo in question?  In searching the forum, I saw a mention of $ 100.  Is that the ball bark you might tend to settle in and Getty may tend to accept?  Also, I've researched the 3 photos in question (in my case) and found they are all very popular photos and when one searches Google images, they come up on a multitude of websites, including other stock photo websites that also sell photos, as well as on websites that offer the free use of the photos on their site.  It appears these photos are not exclusive to Getty, so how then does Getty have the right to demand settlement?  Also, is it at all possible the photographer may have allowed a website to use their photos, knowing that that website offers free use of the photos on their site and the photographer is okay with that?  If so, would Getty still have a legal right for payment if the photographer is aware their photos are available for free on other websites?  Thanks for much for the insight Mr. Michelen!
 

9

Getty Images Letter Forum / Re: Does Anybody Know of a Truly Free Clip Art Site?

« on: August 04, 2011, 09:14:02 PM »

Oh...I should also include, if anyone knows of a good safe clip art program one can purchase to use for their company website.  Thanks!

10

Getty Images Letter Forum / Does Anybody Know of a Truly Free Clip Art Site?

« on: August 04, 2011, 09:11:47 PM »

In moving forward, I want to be sure any clip art my company uses is indeed free clip art and no one, like Getty, can come after me for infringement.  So does anyone know any sites that offer free clip art?  I researched Microsoft Free Clip Art and at face value it appears to offer free clip art, not referencing or requesting any fee to download.  However, I found on another site mention that Microsoft's offer of free clip art pertains only to personal use and one cannot use it on their business site.  So....I am more than a bit leery and hesitant in downloading any new clip art to replace the images I've removed.  I don't have the types of images I need readily at hand in-house.  If anyone does know of a truly free clip art site that allows use of their free clip art by companies, great!  Please share.  If anyone knows of a pay for use site that has a good reputation and isn't going to present future headaches for unintentionally infringement, I'm open to that too!  Thanks so much!

11

Getty Images Letter Forum / Re: How to Access the Audio or Video Files Listed on the Home Page

« on: August 04, 2011, 08:25:29 PM »

Hi!  I did receive the link and I did note on the photos, there is an arrow button to click on.  Thank you!

12

Getty Images Letter Forum / Re: Class Action Lawsuit Against Getty Possible?

« on: August 04, 2011, 08:24:11 PM »

Got it.  Just located the search button and tried it out.  Thank you!

13

Getty Images Letter Forum / Class Action Lawsuit Against Getty Possible?

« on: August 04, 2011, 02:06:25 AM »

Hi!  I'm very new here.  Just got my Getty letter yesterday, but I quickly discovered this website and forum and have spent the last two days devouring everything I could on this subject (there's a lot to read and learn, so I've still got a ways to go, but definitely am on the right path).  So, my thought was this.  As there are obviously thousands of people who are being "legally extorted" (my opinion) by Getty, and since Mr. Michelen has very generously offered to reduce his legal fees down should someone who has retained his letter service end up in litigation with Getty, is it possible that if enough people get together and pool their financial resources, as a group we could afford to retain Mr. Michelen to file a class action suit on the group's behalf against Getty for its strong arm/overkill (my opinion) tactics?  This may be a completely off the wall, crazy idea, but it has occurred to me since the tactics Getty appears to be using seem questionable at best (again, my opinion).  Any thoughts?  Again, I'm super new, so if this is totally outside the realm of reality/possibility, please excuse.  Just wanted to toss this out there in case I might possibly be on to something???

14

Getty Images Letter Forum / Re: Can we start a "Success Mission Accomplished" Thread for success stories?

« on: August 04, 2011, 01:53:26 AM »

Hi buddhapi!  That would be my assumption too.  Just wondering what others experiences have been in this regard.  Thank you so much for sharing your experience.  I'm sure his firm would have notified you had the necessity arose.  Mr. Michelen really seems on top of everything.  Keeping my fingers crossed for you that you hit your 3 year anniversary mark without incident! 

15

Getty Images Letter Forum / How to Access the Audio or Video Files Listed on the Home Page

« on: August 04, 2011, 01:46:12 AM »

Hi!  I subscribed yesterday as an ELI eNews Subscriber, but i don't see a way to access the audio or video files listed on the Home page & also on the talking points page (March 25, 2011 ExtortionLetterInfo Video Update; October 2010 Telephone Interview: "Bernina vs. Riddick/Imageline Case"; August 20, 2009 Informational Videos Posted; March 2009 Telephone Interview: "What is Involved to File a Lawsuit"; Attorney Oscar Michelen Shares October 2010 Updates in Telephone Interview.  I don't see any links at all to click on and when I click on the bolded text, it doesn't redirect me to the content.  Can someone tell me what I am doing incorrectly and how I can access the listed available content?  Thank you so much!