Messages

1186

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

« on: January 01, 2013, 09:12:34 PM »

Actually crankyfish,you are really not in that bad of a position, being broke with no money can really be an asset in these situations..can't get blood from a stone...use it to your advantage!

1187

Getty Images Letter Forum / Re: PDN Article on ELI, Copyright Extortionists, and my position on the matter

« on: December 30, 2012, 11:56:54 PM »

@SG, just my opinion,but I think you're somewhat correct, the trolls are looking for a more sympathetic system, as well as a "cheaper" solution, as it is now the trolls spending 350.00 to file is just not economical for them..they would just love to find a way around that, much like the P2P asshats, that file one suit with hundreds of IP's, they think they ae getting more bang for their buck..it's all about the bottom line...

1188

Hawaiian Letters & Lawsuits Forum / Re: PDN Article Featuring "Kindly Uncle" Glen Carner

« on: December 28, 2012, 04:56:06 PM »

I guess Ill have to comment on this one as well...Just when Glen and I were becoming "friends"! : )

the honeymoon might be over...

1189

Getty Images Letter Forum / Re: PDN Article on ELI, Copyright Extortionists, and my position on the matter

« on: December 28, 2012, 04:46:34 PM »

...so, Getty's opinion is just that; an "opinion".

S.G.

Opinions are like assholes, everybody has one and sometimes they just plain stink...just say'in

1190

Getty Images Letter Forum / Re: Copyright Troll Leslie Burns is also an author

« on: December 27, 2012, 08:15:59 PM »

Interesting, indeed.
Strong, 5-star feedback on the book, too.

But, does she practice what she preaches?

S.G.

The only thing I know is that she "practices" law...er copyright trolling...she needs more practice apparently..

1191

Getty Images Letter Forum / Copyright Troll Leslie Burns is also an author

« on: December 26, 2012, 06:36:38 PM »

Just kinda stumbled upon this, while visiting a photography forum, the name Leslie Burns jumped right out at me...she works for photoattorney.com Carolyn Wrights office..

http://www.amazon.com/Tell-World-Dont-Suck-Photographers/dp/0557019036/ref=sr_1_1?s=books&ie=UTF8&qid=1356564825&sr=1-1

1192

Hawaiian Letters & Lawsuits Forum / Copyright Services International Correction

« on: December 22, 2012, 10:22:00 AM »

Received a follow-up email from Glen Carner, setting me straight in my post.

"Hello Robert,

I just saw the recent post.  First off, Mr. Tylor has never been part of CSI.  "No longer" in the title is inaccurate.  Second, HAN has every intention of following up with copyright matters in our charge including
those of Mr. Tylor.

While CSI is clearly going in another direction, HAN will continue its effort to compensate our artists for their infringements.  That said, HAN is no longer identifying new cases of copyright infringement for any of our
photographers.

Sincerely,
Glen Carner

1193

Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 21, 2012, 11:03:08 AM »

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

From: http://www.copyright.gov/fls/fl102.html

Getty will claim that fair use does not apply, and still demand payment, bottom line is they want your money however they can get it..they don't always play by the rules, and you must also rememeber that the person sending the letter is not a qualified legal person, they are just some lousy clerk sitting in a cubicle of many, spouting out the corporate garbage..

1194

Hawaiian Letters & Lawsuits Forum / Vincent K Tylor no longer using Copyright Services International

« on: December 21, 2012, 10:50:25 AM »

I've reached out to Glen Carner owner of Hawaiian Art network and Copyright Services International via email, below are excerpts of my initial email as well as an excerpt of his reply.

From Me
"First and foremost, we have received reports/documentation of new letters from Copyright Services International, which we know is your company, let me be the first to commend you on what appears to be a much more civil approach with your letters in terms of the content as well as the amount. In my opinion this is a step in the right direction."

the above statement is in regards to the last letter we saw, demanding 250.00 per image, which I personally hope will become the norm, as it is much more reasonable in my eyes..thos there is some improvements that can be made to his newest program.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/copyright-services-international-is-back-again/

More of my Email to Glen Carner
"....there has been some recent discussion within the forums and in the absence of anything factual, we are pretty much stating our opinions as what we believe to be true...with that being said, we have documentation concerning I believe 2 instances of letters concerning Vincent Tylor, strangely (perhaps) there is no mention of HAN , yourself or Copyright Services International. Has HAN and VK Tylor gone their separate ways following the settlement of the Aloha Plastic Surgery Case? I am of the opinion that perhaps CSI has indeed changed it's ways in asking for reasonable amounts, but that perhaps Tylor does not agree to this?..

Glen Carners Response

"Hello Robert,
Thank you for contacting me directly and giving me the chance to be accurate about these matters.  HAN is no longer identifying new cases of online copyright infringement after July 1st, 2012 for all photographers. 

Also, Mr. Tylor is not affiliated with or a client of Copyright Services International which is incorrectly stated at http://www.extortionletterinfo.com/forum/getty-images-letter-forum/ongoing-list-of-copyright-trolling-firms-and-those-associated-with-them/  I am happy to hear you appreciate our changes, and would appreciate it in return if you removed his name under CSI from that list.  Thank you.

My comments

• It "appears" that Glen Carner and CSI have taken a different approach to copyright "enforcement"

[li]It seems as if Vincent k Tylor and Hawaiian Art Network are still working together in terms of "selling images"
[/li][/list]

I have edited the post Glen Carner references, and have given Vincent K Tylor his very own entry as copyright troll and removed his name from being associated with CSI..

I'm interested to hear others thoughts on this, I certainly have my own theories as to why Tylor is not associated with CSI and why he now uses attorney Street to send his letters.

1195

UK Getty Images Letter Forum / Re: graphic from another site

« on: December 21, 2012, 09:08:34 AM »

I recommend you do not respond at all. Like any "debt" collections agency, as soon as you acknowledge receipt of the letter you will be harassed by mail for eternity.

That would greatly depend on "how" you respond..in the states collection agency's are regulated..a simple letter stating it is a claim and not a debt will stop them from harassing you..if not it would be very easy to file a complaint.

1196

Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 20, 2012, 09:08:17 PM »

Well after seeing that image, I know I would politely tell them to pound salt, thats the site is a review site, where yourself and users comment on book reviews ect...the image in question was of the book cover, even tho they claim to own a portion of it.. I think fair use would apply here...hopefully Oscar will chime in as he's the expert...

1197

Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 20, 2012, 07:54:55 PM »

I think we need to see what you actually used and what they are claiming yuo used, as Lucia has eluded to "fair use" is a very grey area..if you are "reporting on, commenting on" and not profitting from" you might be okay...is your site serving any ads? can you link to the cover that might be elsewhere?

1198

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

« on: December 20, 2012, 07:54:02 AM »

The fact that is available on so many state government sites is interesting.

I wonder if you reached out to the webmaster of these sites if they would share with you how they obtained them. If they just got them from an image search, it may be nice to warn them that a troll is a'comin'. But wouldn't it be ironic if they got them from some sort of compilation CD-ROM for 50 bucks.

If the image in question is on government sites, whether it be municipal, county, state or federal, the image would be considered in the public domain and can not be in in copyright violation.  Capture screenshots of the image on the government website(s) and inform them of the fact the image is in the public domain the next time they try contacting you.  If they keep trying to press the matter, they will lose.

I'm not sure this is 100% accurate.. this site http://www.fishesoftexas.org/taxon/lepomis-megalotis credits the artist. I think if the image is created by the government entity, it is public domain, thats not to say that government site can't or don't use other images.. I would be weary of grabbing just anything from a government site.. refer to this thread for some PD image resources:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/list-of-public-domain-stock-footage-companies/

1199

Getty Images Letter Forum / Re: Clarification About Claims Made Against Canadian Businesses or Individuals

« on: December 20, 2012, 06:15:33 AM »

yes, that would be correct..

1200

Getty Images Letter Forum / Re: Received letters from CEG

« on: December 19, 2012, 08:36:18 PM »

Linking to animage is not an infringement read up on google v. perfect10, you did not even have to remove the post, as the image was hosted elsewhere. In regards to "safe harbor" you should look into the requirements for DMCA safe harbor... If you do not have a registered agent, you would not be covered...

If i were you I would contact the hosting provider, and explain that the "infringing content" was not infringing, but the post has been removed..some hosting providers ( go-daddy) will pull the plug on the entire domain if they get a takedown notice..