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Messages - Greg Troy (KeepFighting)

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121
Getty Images Letter Forum / Re: An Experiment Against Getty
« on: June 19, 2015, 07:28:14 PM »
I have just sent in my annual request for all the complaints filed against Getty Images and McCormack Law since my last request a year ago.  I will be interested to see how many there are this year.  My guess is there will be fewer since Getty seems to have lowered their demands somewhat and they are hurting in general.

As always I will post my results when I have them.

123
Getty Images Letter Forum / Re: The best defense ...
« on: June 07, 2015, 12:46:41 PM »
GregTroy,

I don't know who S.G. is, but your site was one of the ones I found and read, and if every site that was like yours rallied around a single point of focus for proactive action, that could make a lot of difference in the way this proceeds. ELI seems to be the most logical place for that to happen because it has the largest member base, but others also have reach to a larger pool of people who would like to see Getty prevented from continuing this pattern of behavior. This site is an example of that. Other sites have links to ELI as the place to go for help. It seems logical that ELI could be the place that organizes something that unites people and creates a larger force for good.

SaraZ,

Welcome to the forum, please take what I am about to say in the spirit it is intended, not as a scolding but as information and educational.

I have been in this fight for a while now and I can not tell you how many times someone has said to me, Robert, Matthew and Oscar...."You should organize everyone and file a class action lawsuit."  but when asked what their plan is or what they are willing to do the answer is always similar to yours.

Lawyers have approached Oscar raring to file a class suit and Oscar gives them all the info they need, yet once they go over it they and see what is involved they are never heard from again.  To my knowledge no class action has ever been filed in the States against Getty for their infringement program.  Ian (Scraggy) did file a class suit in Israel. 

I do not know you nor do I know what if anything you have done in the fight against Getty other than the correspondence you have posted here.  You tell me I should rally all the other sites like Eli and mine, find the victims, a legal team and file a class suit while you sit on the sidelines because you "don't want to get THAT involved." which is ironically followed by "...but until and unless everyone who has an interest in seeing this pattern of behavior stopped bands together to accomplish that, it will remain a one-on-one battle, with each person experiencing their own pain and loss at Getty's hands. "

There's the problem.

You are not going to get everyone with an interest to get involved because they don't want to.  You can get many but it takes time and effort.  You need to look at what you can do, take a stand against Getty and go from there.  I am a firm believer in what you are saying but YOU need to stand up and be counted before asking anyone else to do it.  This board is full of people take the fight over Getty's business model right to them.  Matthew, Robert K, Jerry Witt, Stinger, Ian, Peevy and the list goes on.

Don't get me wrong, you have the right attitude, and again, I do not know you or what you have done and I am not trying to be harsh, just realistic as we all hear the "You should do this...." all the time.  If you want to join the fight we would loved to have you on board, find out what you can do and have time for and do it, share your results with the others and encourage them to join you.  It works, I know it does.

124
Getty Images Letter Forum / Re: The best defense ...
« on: June 05, 2015, 07:05:13 PM »

Robert,

I was suggesting that business lunch because you are physically near them and because of your forums title as being part of the ELI team. I thought that you could find out more about the feasibility of a class action suit and see if they had either the interest or ability to handle something like that. I wasn't thinking of your own case as being the subject of discussion. I don't know enough about that, anyway.

Understood, yes I am "a part of the Eli Defense Team" and proud of that actually, but I get paid very little ( as in nothing) I already have my own thoughts on the feasibility of a class action suit, and it would be up to someone else to see if they had an interest, since I really don't have that interest.

Robert,

You should forward this to S.G. ;)

125
Personally I think this guy will get sued and he will lose, there is another case that was similiar to this, where the judges deemed the work as transformative HOWEVER the subject matter was of a "public personality"... This guy is using instagram images, without a model release, which is where I think he'll be in hot water over. I also don't think he is "transforming them very much...I guess we'll see going forward.

I tend to agree with you and it may all come down to Instagram's TOS.  I don't use it and don't know what it is.

126
i believe the reason he can do it is he is making some minor change to the photograph.  I can find the same type of thing on Getty images, there is a picture of an elephant balancing on a beachball on the beach with the ocean in view.  The is exclusive to one artist, then there is a picture of the same elephant balancing on a a ball but the ball is now a soccer ball and the background is the African plains. This is exclusive to another artist.

I would venture to say neither owns the original elephant picture and each has changed the background and ball.  Is this right or wrong, I have my opinions on the matter but this I believe is the same principle as what this person is doing with these images.

127
UK Getty Images Letter Forum / Re: Science Photo Library
« on: May 22, 2015, 09:20:38 PM »
I was glad to see Mulligan posting again, I have missed the way he expresses his opinions. 

I can't even think straight, thanks to Mulligan and his "Holy Tinkerbell in a Porn Shoot"

128
UK Getty Images Letter Forum / Re: Science Photo Library
« on: May 14, 2015, 07:51:08 PM »
I agree with Robert, I would tell them to pound sand.  If what you have said is accurate I think (I'm not a lawyer either) you have a strong case for yourself.

129
Getty Images Letter Forum / Re: Getty images Gets sued...again
« on: May 12, 2015, 07:30:05 PM »
It seems nothing ever really changes with Getty it seems.  Just got off the phone tonight with a guy who is being harassed by Mr. McCormack's office.  He says he has tried to talk to them and negotiate but they will have none of it.  Still the same pay all of it or you will end up in court routine.

I've said it before and I'll say it again that when you try to negotiate with these people and they:

1 refuse to provide proof of claim

2 refuse to negotiate in good faith (no proof, refuse to consider counter offers, etc)

3 continue to elude to a lawsuit that will be filed against you for not paying them blindly without proof of claim

You can and in my opinion should:

1)File a complaint with the Washington State Attorney General's Office outlining what you have done to try to settle the matter. 

2) Name names, not only include Getty (the corporation) but the individual who is sending you the letters, calling you and/or emailing you. 

3) If the letter and harassment are coming from McCormack Legal as in the case of the person I was speaking with tonight file a State Bar Complaint against the lawyer that is sending you the letters in addition to the complaints to the AG's office.

4) Invoice them for your time responding to letters that they refuse to deal with in good faith (Jerry Witt's idea and I love it)

I have outlined my story in the thread "An Experiment Against Getty" but I will repeat it here, once I filed my complaints Getty backed off and I never heard from them again. That was over 3 years ago.  My SOL came and went without another peep from them.  Just sayin....

130
I guess it was only a matter of time.....

131
@scraggy
Agreed and I don't think they would.  I think the most they would do is send out a letter like Mr. McCormack's "Final notice" letter stating if payment is not received then they will recommend their client to pursue the claim legally. 

132
The company is using Pic-Scout (a.k.a. Getty Images) to search for copyright violations.  Pic-Scout / Getty images license compliance team handles everything and if they collect forward Cartoon Stocks cut.  I have see this exact same thing from Otto, Trunk Archive and others.  All with the Getty address.

133
Getty Images Letter Forum / Re: I'm done worrying about it.
« on: April 10, 2015, 08:33:29 AM »
Almost there!

134
This was great news and shows the legal system still works if the Justices will take the time to look at the evidence in context and not just selectively edited and cropped posts and pictures.  It was pretty clear cut with the 7-0 ruling.

135
I knew I missed some names, always Peeved!! ;D

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