Messages

1141

Getty Images Letter Forum / Re: International - any difference?

« on: November 22, 2008, 07:17:30 AM »

Graeme:

Sorry to hear that.  I don't know what they next step is in your country, but, yes, here  in the US they would send it to NCS Recovery (see my prior post on that to get more info). Please email me (xxx)their response and I will take a look at it and give you some specific advice on the strength/weakness of their position.

1142

Getty Images Letter Forum / Re: new info on Getty

« on: November 18, 2008, 04:17:02 PM »

While this has been discussed all over the site, let me clarify it once again:  US Copyright law says that a person who creates a "work" (a song, an image, a painting a novel, etc etc)  owns the copyright to that work once it is created. The minute you put the pen down on a novel you own the copyright to it.  Registering it does two things for you however, both of which impact Getty in this situation: (1) It makes it easy to prove that you own the copyright to the work- here one of Getty's problems is that they don't track what their photographers are doing with the image; so that if a phtographer (before they gave it to Getty) put the same image on a site for free download, then Getty may not have exclusive use. Also since the image is not registered or watermarked or copyright noticed, then it is easy to prove innocent infringement.  (2) It entitles you to statutory damages including costs and attorneys fees.  Otherwise you are stuck suing for actual damages- which sometimes you cannot prove or which are very low. You also do not get actual damages for a minmal infringement  and you cannot recover your attorneys' fees and costs as actual damages.    

So while Getty is correct that they do not need to register an image to own the cpoyright to it, the lack of registration greatly effects the value of their claim.

1143

Getty Images Letter Forum / Re: if it goes to court...

« on: November 18, 2008, 03:57:45 PM »

Since the images are not registered with the US copyright office Getty is not entitled to anything other than their actual damages.  Every court in the nation has held that "actual damages" DO NOT include legal fees and other expenses.

1144

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 18, 2008, 07:20:55 AM »

On Wikipedia's Getty's site, they now post an internal memo Getty sent to its contributors in September about a court case that makes it harder for them to get a multiplier of damages. Yet they just sent me a letter claiming they are seeking a multiplier. Here is the link to the site  http://en.wikipedia.org/wiki/Getty_Images

1145

Getty Images Letter Forum / Re: Did Getty sue and lose in Germany?

« on: November 18, 2008, 07:18:32 AM »

Getty lost in German but because the user had previously purchased a license and proved that the use was authorized. While this is not directly applicable it again shows that Getty may not be keeping track of its licenses. It would be helpful to get the full article translated.

1146

Getty Images Letter Forum / Re: damages

« on: November 17, 2008, 10:42:04 PM »

To answer your original question I highly doubt Getty would go to court over one image but if they did there are a number of legal defenses available that would drastically reduce what they were entitled to. First is innocent infringement; second is that since the image was not registered they only get actual damages which is market rate not Getty rate; finally the court does not get involved in minimal (de minimus) infringement Bottom line is Don't pay

1147

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 15, 2008, 05:55:36 PM »

It will be tough to prove a class action against Getty for a RICO type case but a few people are looking into the possibilities. Will keep you posted

1148

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 12, 2008, 01:40:10 PM »

Thanks for the support BSM. I am contacting the lawyer on the photographers class action lawsuit to discuss somehow working together with them.

1149

Getty Images Letter Forum / Re: Letter scheme

« on: November 12, 2008, 01:39:51 PM »

Thanks for the support BSM. I am contacting the lawyer on the photographers class action lawsuit to discuss somehow working together with them.

1150

Getty Images Letter Forum / Re: My lawyer said I have to pay Getty

« on: November 12, 2008, 01:38:25 PM »

Sure, maybe the photographer rescinded the license. It also helps your case to establish that Allposters had the image for $79.00 at one time. Check the latest posts to learn about a class action lawsuit brought by photographers against Getty because Getty was licensing their images for $2.00 per image!

1151

Getty Images Letter Forum / Re: A Test of their own medicine ? GettyImages get sued by photographers

« on: November 11, 2008, 03:04:10 PM »

I just wanted to add to my last post that I think this is extremely beneficial to our position. It establishes that Getty has charged as little as $2 for an image from a reputable photographer! How can they possibly claim $1,200 per image as they are trying to do now?

1152

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 11, 2008, 03:01:38 PM »

You beat me to the post westlake! Thanks for getting news of this on our site.  Here's the full article from marketwatch

NEW YORK, Oct 30, 2008 /PRNewswire-USNewswire via COMTEX/ -- Kreindler & Kreindler LLP has filed a class action lawsuit against Getty Images in the Eastern District of New York on behalf of dozens of professional photographers whose images were incorporated without their permission into Getty's new product "Premium Access."

According to Dan Nelson, a copyright attorney in Kreindler & Kreindler LLP's New York office, Premium Access is not a rights managed product. "Getty has shirked its responsibility as a picture archive to track the use of plaintiffs' images, and to set pricing per use in good faith on a commercially reasonable basis." As a result, photographers have lost the ability to track the uses being made of their images.

Among the named plaintiffs in the lawsuit are some of the world's leading photographers. Their photographs have been licensed by Getty to major media clients for as little as $2.08 for extensive, untracked use. According to Nelson "Getty's prices have severely undercut the market for comparable photographs, damaged the future market for these photographs, and violated both the Rights Managed Image Distribution agreements Getty signed and the Uniform Commercial Code."

Kreindler & Kreindler LLP has extensive experience in copyright matters and in class action litigation. For more information about the firm, please visit www.kreindler.com.

For answers to your questions, please contact Dan Nelson at 212.973.3426 or at [email protected].
SOURCE Kreindler & Kreindler LLP

 http://www.kreindler.com/

Copyright (C) 2008 PR Newswire. All rights reserved End of Story
Comtex

1153

Getty Images Letter Forum / Re: So I indemified a former client...

« on: November 07, 2008, 10:35:04 PM »

No, the money is gone and I am sad to tell you  that you definitely should not have paid. Getty has never sued anyone much less someone with only one image claimed. They do not want to sue because they know there are any legal defenses to their claims and don't want a bad precedent. It is difficult for web designers who are caught int her middle and just want to appease their clients so I understand the pressure to settle and put an end to it.  Of the approximately 45 clients or so that we presently represent  on this issue, about one third or so are designers who retained us on behalf of their clients, so believe me when I say I know where you are coming from. If any more clients get the Getty letter refer them to this website so they can get educated about their legal position. Thanks for the post

1154

UK Getty Images Letter Forum / Re: UK Just got a letter from Getty

« on: November 07, 2008, 10:24:00 PM »

Great good luck AND DON'T PAY

1155

Getty Images Letter Forum / Re: My story ... its a little complicated

« on: November 07, 2008, 10:23:26 PM »

They should hold off on continuing to sell the images. You don't want to lose the protection of the law as an innocent infringer. having now been put on notice of a potential copyright claim, you should cease and desist from using them images. There is no point in going to Getty to negotiate - they don't negotiate and they won't care about your story. Trust me, we have been through this with over 40 clients to date.  For cases of 5 images or less, it is highly unlikely that they will ever sue because since they started this program they have sued precisely zero times. I suggest you take a look at the various threads on the site to get educated  and either contact me or have your lawyer contact me, but I would not call Getty and I would not panic