Messages

106

Getty Images Letter Forum / Re: Campaign to shed light on Getty's extortion tactics

« on: November 18, 2013, 12:53:58 PM »

I agree. If every letter recipient took some time and did this, I think Getty would alter their business model.

107

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 16, 2013, 08:08:17 PM »

ideanj -- The first step is to just breath. Try and relax a little. Virtually all of us have been there at some point. And as Lucia points out, a good, honest person wants to get hold of them and sort things out. My advice: don't.

Don't chase after them. Don't follow up. Don't call. Don't email. Don't offer additional information. You have taken down the site. You have records that the page has had only two hits. Leave it at that.

Your job now is to play the "long game." Don't get pulled into feeling like you have to reply quickly or make sure they know you are doing anything. Personally I wouldn't even spend money on an attorney until such a time as they take any legal action.

From what Robert is saying, this sounds like something they may do. But by that time there may be a strategy in place. But also follow the advice and read up on copyright trolling on this site. If they do follow up you will need to be prepared to demand they show you proof of registration and right to represent the copyright. You will also need to find out what the "going rate" is for such an image. But all that in time. Right now, just relax a little.

108

Getty Images Letter Forum / Re: Small Business up against big Getty

« on: November 05, 2013, 12:03:55 PM »

Yeah Oscar has pretty much changed my opinion of lawyers. But in my experience they are lazy and not prone to a fight. (Sort of the opposite of me.)

I mean I can almost understand the thought process the lawyer went through: "Look, if I have to draft another letter that is going to cost him. And if they sue he'll have to pay much, much more for me to appear with him in court. And he probably won't get all his time and expenses back. Better for him to just make an offer and pay."

But that is just dumb. And that is part of the trolling problem. SO MANY people think it is just faster and easier to pay off the extortionist.

Why not save yourself the $500 and become a thorn in THEIR side? Notify Getty that you will track your time verifying that these images are not the same. Bill them for collecting the evidence. Send me both images and I will "bill" you for my time to analyze these images. You can very easily generate an invoice for $700 to $1000.

Then submit this invoice to their accounting department. Notify them that if it is not paid within 10 days you will turn it over to a collection agency. Keep asking for the supervisor of whoever you talk to until you speak to the CEO. Seriously, if you are in the right THIS is the way to deal with this situation.

And if you want to take it a step further, let them know that you will be sharing this information with the EFF and other media outlets.

109

Getty Images Letter Forum / Re: Got the Getty Letter

« on: October 30, 2013, 12:58:50 PM »

GotLetter, please follow Greg's advice. And after you notify NCS that this is a claim, if they contact you in ANY WAY, it would be time to "make it rain." And by that I mean a downpour of letters to your DA, AG, Senators, Rep., anybody that might have an interest in crooked collections schemes.

110

Getty Images Letter Forum / Re: Small Business up against big Getty

« on: October 30, 2013, 12:52:33 PM »

I forbid you to pay them $500.

 

Seriously though, have you looked at the images side by side? Are they even close? I would write one more letter stating that it is unfortunate that their software cannot tell the difference between a dog and a hammock, but you have begun tracking your time for researching this issue and your company will submit an invoice for the time spent researching this if they continue to pester you.

EDIT: Almost forgot to tag this #GettyFlubs
Also, if you could email the two images in question I would be very interested to see how they differ.

111

Legal Controversies Forum / Re: Oscar's Courtroom Strategy Blog

« on: October 24, 2013, 11:38:49 AM »

I have to admit I have done it a few times. It is usually when it is an exceptionally positive or negative experience. But then, I AM at least semi-glued to my smartphone.

112

Getty Images Letter Forum / Re: I've never seen this picture before??

« on: October 23, 2013, 11:40:33 AM »

tagging this: #gettyflubs

113

Getty Images Letter Forum / Re: Hiring my own photographer and getting the copywrite

« on: October 05, 2013, 12:38:23 PM »

I have had a couple cases where the photogs wish to retain the copyright. But the world it is a-changing. Although many photographers default position is that they would like to retain the copyright, it is up to the person paying for their services to negotiate an agreement where they copyright is transferred to them.

Although some photographers will balk at this, think about it. A copywriter, a logo designer, a videographer, an animator, a programmer all typically transfer the copyright to the person paying for the service. (Or do when they get a work-for-hire agreement.) A freelance programmer may get contracted to do code for a program that goes on to become Photoshop. But they got paid and presuming they signed a work-for-hire agreement and transferred their copyright to their boss.

Under the United States Copyright Act of 1976 a piece is considered work-for-hire if it is specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

In Robert's example of the garage band, I would agree that someone getting paid peanuts and helping the band and barely getting paid, should retain copyright.

114

Getty Images Letter Forum / Re: Hiring my own photographer and getting the copywrite

« on: October 05, 2013, 12:38:35 AM »

You're the one hiring the photographer. It is up to you to negotiate an agreement that will work for you. Frankly it sounds like you have not found the right photographer.

You should do a search for "photographer work for hire agreement."

115

Getty Images Letter Forum / Re: Model Sues Getty After Seeing Herself in an HIV-Positive Advertisement

« on: September 28, 2013, 04:11:47 PM »

EXACTLY! Getty relied on the claims of a third party and would like to be held blameless.

The only thing I am disappointed in is it seems Lloyd is pursuing Division of Human Rights rather than Getty Images.

_________________________________________________

 Getty did not respond to a request for comment. Lloyd said she will pursue claims against the Division of Human Rights for defamation and violation of Nolan’s civil rights. The agency also did not respond to a request for comment.

The photographer who took the picture said it ended up in the ad through a series of unfortunate mistakes. “A lot of people dropped the ball,” said Jena Cumbo. “I made a mistake. I didn’t understand my contract (with Getty).”

Lloyd said that Cumbo and Nolan are acquaintances who had shot the photo as part of an online fashion feature two years ago. Nolan never signed a release authorizing Cumbo to sell her likeness to a third party, Lloyd said.

Cumbo argued the Division of Human Rights crossed a line by casting Nolan as a victim of the deadly disease without contacting her.

Read more: http://www.nydailynews.com/new-york/brooklyn/brooklyn-woman-wrongly-depicted-hiv-positive-ad-article-1.1461694#ixzz2gDhNKSKR

116

Getty Images Letter Forum / Re: Received extortion letter from Masterfile... Have some questions

« on: August 31, 2013, 03:04:48 PM »

It seems to me if you hire Oscar on their behalf you saved yourself $50, shielded your clients from additional harassment, and joined the ranks of people that reject Masterfile's extortion scheme. I predict the day is soon coming where MF and GI will happily accept an offer of $200.

117

Getty Images Letter Forum / Re: Educational Web Site

« on: August 17, 2013, 08:08:02 PM »

Yeah this is typical Getty M.O. They are trying to collect from the individual owner of a defunct LLC. On top of that, you are essentially "judgement proof" so even if they decided to go after you and they got a judgement, they wouldn't be able to collect.

I always get concerned when people even jokingly refer to suicide. In the grand scheme of things this is as trivial as a house fly. Why would anyone go that way? I would seriously make it my life's work to expose their scam looooong before contemplating suicide.

Anyway, my response would be along the lines of:

"The LLC, Glycomeds, has been a defunct company for some time now. I have forwarded your demand for payment to the party I believe was responsible for infringing on your images. They have not replied to me. If you would like my assistance in collecting further information for you, I can help track them down and provide you with contact information. I charge $100 an hour and I estimate that this would take me a couple hours. Please write me back to express your interest if you would like me to provide this service for you."

118

Getty Images Letter Forum / Re: Masterfile Letter: Is this a Scam?

« on: August 14, 2013, 12:28:16 PM »

Pretty sure Robert means "making them aware that you told them this was NOT a debt..."

119

Getty Images Letter Forum / Re: I emailed letter on Jun 6th but have not received any answer yet

« on: August 10, 2013, 05:11:11 PM »

You ain't got no problem, Jules. Just wait for The Wolf who will be coming directly.

120

Getty Images Letter Forum / Re: Getty vs. Porn Trolling Model

« on: August 09, 2013, 04:48:44 AM »

I've only reviewed the broad strokes of this case. Sounds like those nuts are busted.