1036
Getty Images Letter Forum / Re: hi Oscar, Trying to get in contact
« on: July 01, 2009, 06:10:50 PM »
Will touch base upon my return to my office on July 7. Getty unlikely to sue or take further action before then
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1037
Getty Images Letter Forum / Re: Windows Vista sample images
« on: July 01, 2009, 06:09:30 PM »
In the Uk you are better protected since the UK copyright allows for NO damages in cases of innocent infringement which I feel you can obviously prove. You should visit the FSB forum from the UK on this issue. There is a link on our homepage. The forum moderator BeeDee has put up a very nice summary of the Getty issue in the UK which will be quite helpful to you I'm sure.
1038
Getty Images Letter Forum / Re: What if my \
« on: July 01, 2009, 06:07:20 PM »
not really Masterfile is very aggressive and litigates regularly. They will not care that you have taken the images down. Of course, it is not a defense to copyright infringement that you stopped using the work once notified. That is what Masterfile will likely tell you in response to your advising them that you have taken the images down. I am away until July 7th from my office. Email me your contact info at xxx and I will reach out to you as soon as I can.
1039
Getty Images Letter Forum / Re: Used Swishzone.com movie and now Getty Images wants to get me too
« on: June 23, 2009, 08:58:56 AM »
Good suggestion. To get back to the question of a class action, Getty at this point does not appear to be doing anything illegal or contrary to copyright law. At worse, they are asking for inflated damage amounts in letters sent to entities Getty believes infringed on their image licenses. Is it good busniess policy? I don't think so? Is it nice? Definitely not. Could it be argued that they habe no good faith basis to make the demands? I am not sure we are there yet. We have been looking at all possibilities to institute a class action arising out of their behavior and believe me we will keep you posted if we feel we have evidence that makes it appropriate to file a class claim.
1040
Getty Images Letter Forum / Re: hi Oscar, Trying to get in contact
« on: June 23, 2009, 08:52:56 AM »
Russ Am finishing my trial today or tomorrow so we will chat then
1041
Getty Images Letter Forum / Re: Contacting the Photographer Directly?
« on: June 23, 2009, 08:52:03 AM »
Normally, only a company that has been given exclusive rights to an image can bring an action otherwise the rights to enforce usually stay with the artist. Now Getty may have exclusive rights to the image for electronic media and the artist may have reserved other rights. But we have found where the photographer has perhaps mistakenly given Getty exclusive rights even though he had previously given the same rights to another entity. The other issue is that the first licensee may have been limited by time (lets say they received a two-year exclusive license) and be inviolaiton of the time limitation. You can contact them directly and ask these quesitons or you can pose them to Getty. Getty will likely send you back a form response that they don't reveal their license agreements, etc etc so the photog himself might be the way to start.
1042
Getty Images Letter Forum / Re: Used Swishzone.com movie and now Getty Images wants to get me too
« on: June 15, 2009, 06:23:40 PM »
I am unclear about what it is Getty says you used - was it a still from the movie or something else? Please give me a bit more explanation and I can perhaps better steer you in the right direction.
1043
Getty Images Letter Forum / Re: Can we just ingnore the Getty Settlement demand?
« on: June 15, 2009, 06:21:56 PM »
Haven't seen them yet Will keep you posted
1044
Getty Images Letter Forum / Re: hi Oscar, Trying to get in contact
« on: June 15, 2009, 06:21:09 PM »
sent you an email russ
1045
Getty Images Letter Forum / Re: Getty wants $12000
« on: June 10, 2009, 03:21:18 PM »
Contact me via email at xxxx.
1046
Getty Images Letter Forum / Re: Can Getty sue someone outside the US?
« on: June 06, 2009, 12:40:24 PM »
OK let me deal with your questions one at a time. Contact me via my office email xxx
THE DMCA section you quote applies to ISPs only - those entities that allow others to post content on their site THey are entitles to receive cease and desist notices
The second section you cite is the United Kingdom's Copyright statute which I have posted about a lot and have recommended be the model for US copyright law
The last section is inapplicable as Getty does is not trying to collect a debt. They are trying to settle a claim so Fair Debt Collection Practice is mostly inapplicable.
THE DMCA section you quote applies to ISPs only - those entities that allow others to post content on their site THey are entitles to receive cease and desist notices
The second section you cite is the United Kingdom's Copyright statute which I have posted about a lot and have recommended be the model for US copyright law
The last section is inapplicable as Getty does is not trying to collect a debt. They are trying to settle a claim so Fair Debt Collection Practice is mostly inapplicable.
1047
Getty Images Letter Forum / Re: need direction please
« on: June 06, 2009, 12:30:42 PM »
TJ Getty will never sue for one image. Let us write a letter for you or your client ($150) and then Getty will have to contact us directly. We may be able to get them down a bit we'll see
1048
Getty Images Letter Forum / Re: Can Getty sue someone outside the US?
« on: June 04, 2009, 10:11:53 PM »
Dear Gustavo:
The only lawsuits I have found are for 20 images or more. If you transact business in the US you can be liable for infringement in the US. If you don't then US Copyright law won't apply to you. They will move from the second letter to their collection agency, NCS Recovery. The contacts will then increase though I do not think they will sue you. So its up to you if you feel more comfortable with us sending out a letter of representation for US$150.00. We can try to settle it for the Mexican peso amount for you. I hope I answered all of your questions
The only lawsuits I have found are for 20 images or more. If you transact business in the US you can be liable for infringement in the US. If you don't then US Copyright law won't apply to you. They will move from the second letter to their collection agency, NCS Recovery. The contacts will then increase though I do not think they will sue you. So its up to you if you feel more comfortable with us sending out a letter of representation for US$150.00. We can try to settle it for the Mexican peso amount for you. I hope I answered all of your questions
1049
Getty Images Letter Forum / Re: Statue of Limitations?
« on: June 04, 2009, 11:58:11 AM »
Thanks for the post and the info
1050
Getty Images Letter Forum / Re: Statue of Limitations?
« on: May 28, 2009, 02:44:06 PM »
There is no need for them to send a cease and desist letter, so that would not effect anything. THerefoer you could be "on the hook" for three years of infringement. You can try and argue that they could have found out about it earlier with due diligence to try and reduce the time period.
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