Messages

1126

Getty Images Letter Forum / Re: Rant: Stupid & lazy people should pay Getty Images full fare

« on: January 14, 2013, 04:26:31 PM »

this was a classic post, that fell by the wayside...thanx to a couple of regulars I'm now feeling nostalgic...I might be bumping more old posts...

1127

Getty Images Letter Forum / Re: New Topic: "ELI After Dark"

« on: January 14, 2013, 03:54:42 PM »

This needs to be resurrected as a weekly feature....hint hint...

1128

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 14, 2013, 03:48:14 PM »

I personally think a very general FAQ would be helpful, if nothing else to help relieve the recipients of that initial paralyzing fear...couple that FAQ with a list of "must read threads", and I think we would have a semi -good solution to the issue of constantly repeating ourselves...admittedly there are some days I feel like a Minah bird. It's the questions like " i Got a letter what should I do?" that send me over the edge..there is 5 years of information here and ALL of it is free.. In Lucia initial post she made some good recommendations as far as what to include in the letter, yet Sandy generated a letter completely the opposite of these.. I'm not throwing Sandy under the bus here, as I think she is/was suffering with the fear that getty instills...

1129

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 14, 2013, 12:16:18 PM »

I burnt out about 2 years ago...if folks would just take some time to read thru the forums, they would have all of the answers they need to make an educated decision, unfortunately if they can't do that, I doubt they would read the faqs anyway.. spending some time getting educated is a small price to pay considering the alternative..but yeah we're a bit tenacious to say the least..

1130

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 14, 2013, 11:22:53 AM »

very well put Lucia, and very good advice as well... we know that "Getty" doesn't register most of "their" images, we also know that Getty does not require nor ask it's contributors to register images, and further more I believe we know that Getty does not even ask their contributors if their images are registered..most photographers don't register all of their images, because they are to cheap and lazy..however there are some that register every image, whether it's garbage or not..This photog does not seem to be one of those, or Lucia would have found something with his name. Also a quick PACER search for "Peter Cade" yields no results, so he has not filed any lawsuits himself..

1131

Getty Images Letter Forum / Re: Class action suit filed against “Getty Images Master Delegate” in Israel.

« on: January 14, 2013, 11:14:12 AM »

Thank you for the update Ian, I have liked your FB page, I will have to run it through Google translate tonight when I get home.  Keep us posted

yeah I looked at it, it was all Greek to me..let me know how that google translate works out for you..

1132

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 13, 2013, 08:55:40 PM »

Sandy443,

I would approach it more like this, this is one of the letters I sent to Getty.

http://www.scribd.com/doc/103914489/1-3-Letter-to-Getty-04-25-12-Redacted?in_collection=3777294

Can I say in general terms the image was unmarked from the third party source it came from and I had no idea it was copyrighted.  (Lame)

Then put the burden on them to prove to me, how they calculated demand amount, to produce the proof of registration?

If I used the image on a business website regardless even though it was not for promotional purposes or advertising....it's still a business and there is no way to separate any image's purpose inside the business website? 

So are you saying there are no defenses that will result in paying nothing.  I'll have to pay something but it may be very little if the copyright is not registered?

Thankx Greg, I had a feeling you'd jump in..Sandy has to know also that if she copies your letter, Getty will know this, each case is a bit different, I think it's important to see how others have dealt with this, and take bits and pieces to meet the recipients needs...Getty probably has your letter tacked to a board in the lunch room, for all to see!

1133

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 13, 2013, 07:45:38 PM »

don't send that letter...Lucia first repose to you stated , not to admit anything, and in your first sentence you admit grabbing the image from google..Google DOES indeed state that iamges may be copyrighted, you're shooting yourself in the foot here!

you also admit that you used the site on your "business" site, regardless if you advertise or not, it's a business....strike 2!

it's not on you to "prove" that you used their property or not, that falls on THEM...strike 3!!! delete this letter, it will only make your situation worse, they will know and understand they are dealing with someone who has no clue..sorry to be blunt, but Getty love people like your self, as they are much easier targets...

keep reading until you fully understand what you are dealing with, if you can't deal with this for 3 years, you might consider hiring Oscar or at the very least speaking with Matthew..

"Based on my use of an unmarked Google Image, I did not use unauthorized property of Getty Images nor have I harmed them or their associates.  I am sorry Google Images  posted unmarked images for the public domain that you have paid photographers for and are now attempting to license.  This matter and Getty Images case is now closed.  "

Google is NOT required to mark imeages, and google does not serve image, they only link to them, Google does not state anywhere that any images are "public doamin"....Rest assured Getty Image will NOT close this case based on your arguments, as they are weak, and you are making it easier for them to back you into a corner...

1134

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 13, 2013, 06:09:52 PM »

don't get to worked up, Getty is not going to sue over 1 lousy image...another thing to keep in mind, is that the contract this artist has with Getty, if any at all, would need to include a clause giving Getty the power and permission to sue, if not only the photog could sue and chances are good he's not going to fly his ass over here from the UK in the hopes of being awarded 200.00 if he's lucky..and just because someone sue and wins doesn't mean money is ever exchanged.. I promise you if anyone sued my business and won, they would collect exactly ZERO doallrs..

1135

Getty Images Letter Forum / Senddmca.com ownerRandy Taylor subject of meme

« on: January 12, 2013, 05:47:36 PM »

Randy Taylor  of senddmca.com & Copyright Defense League

1136

Getty Images Letter Forum / Copyright Defense League aka SendDMCA.com

« on: January 12, 2013, 08:12:49 AM »

Looks like Randy Taylor (who likes to issue bogus takedown notices) has made some changes...his site

http://www.copyrightdefenseleague.com/ is packed with good information for anyone wanting to hire his "firm" to chase down infringements... 

http://senddmca.com is the site he is using / marketing, and we've commented on this before on ELI.

Once you have an account here you are prompted with the "getting started" page, which states the following:

Getting started with SendDMCA is easy: Simply tell us the URL of use and confirm that you own the creative work. (But note, this is serious business. The Digital Millennium Copyright Act – DMCA – is a Federal Law that can hold you financially responsible for damages if you issue this notice in error.) To proceed:

You must be the owner of the creative work, such as an image
You must know for sure that the unauthorized web site does not have the right to use your creative work
You must authorize us to act on your behalf for this particular Takedown order

Looks like copyright troll Randy Taylor is to lazy to even read his own crap before submitting a bogus takedown notice...where the hell is his partner /attorney Dan Levine to advice him properly?

For those that like to analyze legalese, here are the "Terms of Service" from  SendDMCA.com for your commentary.

http://copyright-trolls.com/site/wp-content/uploads/2013/01/senddmca.com-SendDMCA.pdf

Note To Randy...before wasting your time with a takedown notice, be aware posting of your terms would fall under fair use, as we are reporting / commenting on it...just sayin...because you know submitting takedowns is "serious business"

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Getty Images Letter Forum / Re: new copyright thug to add to the list?

« on: January 11, 2013, 08:06:40 PM »

I have a crush on Mrs Mulligan!

1138

Getty Images Letter Forum / Re: New for 2013 ~ The Copyright Troll Asshat of the Month Award...

« on: January 11, 2013, 08:02:51 PM »

That certificate of award is absolutely awesome. It makes me want to be a jerk (or be MORE of a jerk) just so I can get my own.

Sorry Jerry you only qualify for "The Voice of Reason" award...

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Getty Images Letter Forum / Re: New for 2013 ~ The Copyright Troll Asshat of the Month Award...

« on: January 11, 2013, 07:55:24 PM »

Is there a lifetime achievement award?

I'm thinking come December, there will be an extra special award of sorts, just in time for the holidays, and sure to not only make you cringe, but to also pucker ones sphincter...

1140

Getty Images Letter Forum / Re: New for 2013 ~ The Copyright Troll Asshat of the Month Award...

« on: January 11, 2013, 06:36:39 PM »

Just to be fair and to give credit where credit is due the moniker "Camel Toe Mustoe" was mentioned by another forum  user, and i quickly adopted it, as soon as I got the mental image out of my head...