Messages

121

Getty Images Letter Forum / Re: Contacting getty before receiving a letter

« on: July 25, 2012, 10:47:11 AM »

Don't contact Getty. It's best to let sleeping dogs lie. No harm, no foul.

Don't sweat it because you haven't gotten a letter. Even if you did get a letter, don't sweat it. You can read through this forum to understand why.

In any case, there's no point in having a stress rehearsal. Be happy you don't have to hear Getty's braying on a regular basis like those who have received extortion letters.

If you're the type of person who thinks about worst case scenarios, you could try this exercise: Figure out how much the use of those particular images would have cost if you had licensed them for those two months. You can use their own calculator which comes up with each image. Add up the sum total and there you should have the highest amount you should offer them for a retroactive license ONLY in the event that they sent you a letter claiming some ridiculous amount for the infringement.

Finally, be more careful in the future about the way you use rights-managed images in your work. Don't buy from trolling companies like Getty Images or any of their subsidiaries. Search this forum for options to buying stock images from the trolls.

122

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 25, 2012, 10:33:15 AM »

You're right, Greg. It seems they should do worse, although a C is a very low rating by BBB standards.

What's even more shocking is that Hawaiian Art Network has an A+ according to the BBB in Hawaii:

http://www.bbb.org/hawaii/business-reviews/art-galleries-dealers-and-consultants/hawaiian-art-network-in-honolulu-hi-27000881

Here's why the BBB says HAN deserves such a sparkling grade:

Reason for Rating
BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised Hawaiian Art Network LLC's rating include:

Length of time business has been operating.
No complaints filed with BBB.
BBB has sufficient background information on this business.

In other words, this may be because their paying victims sign nondisclosure agreements and the victims who are free to do so are not complaining to the BBB.

Those who have received a HAN letter, this is your golden opportunity to strike back at them: Their fresh record is waiting to be filled with your complaints! Don't forget to tell the BBB all about the mysterious baitpaper epidemic on the internet!

123

Getty Images Letter Forum / Re: Heres your Saturday snicker!!

« on: July 25, 2012, 10:04:43 AM »

S.G., if I were McCormack, I'd consider the matter settled.

Although it's very funny and poignant, I don't think this will make the cut for "The ELI Factor" — unless Matthew releases a mature-audiences version rated "C" for "cringe".

124

Getty Images Letter Forum / Re: Recieved a demand letter today

« on: July 24, 2012, 03:29:57 PM »

I'm with S.G. on the strategy with Getty. They have no legal standing unless they prove they do. Not paying a settlement based on their poorly substantiated claim is the most reasonable response anyone could have. Without proof of their legal standing, the letter amounts to  snail mail phishing.

125

P2P/BitTorrent Lawsuits Forum / Re: More and more people are fighting back!

« on: July 23, 2012, 05:38:36 PM »

The counterclaim is a beautiful thing. I love the section titled "The Business Model of 'The Copyright Trolls'."

This is exactly what we want — for Federal Judges to see the trolling activity in a court of law and rule on its validity, setting case precedents that will help moderate future trolling attempts and help shape better copyright law.

The US Copyright Office will surely be taking these legal actions into account for future reform, including the Orphan Works Amendment that's in the works, so to speak.

126

Getty Images Letter Forum / Re: Recieved a demand letter today

« on: July 23, 2012, 05:28:58 PM »

Did they send you a screen capture of the image in question being used on your site? If so, that could give you a clue as to which page and when they "found the infringement". Usually the screen capture shows the date somewhere on the image — IF they sent you something that's legible. They tend to send very sketchy information about the alleged infringement.

BuddhaPi is right. Read through the forum and you'll find you have several options. Ignoring them is an option, but there's a risk that they'll take legal action against you if you ignore them.

It would be helpful if you could contribute your Getty letter to Matthew so that he can post it to this forum and the community can comment. Each letter is a bit different and each situation has its own nuances that need to be considered. His email can be found on the front page of this website.

127

Getty Images Letter Forum / Re: Possible reasons for class action suit against Getty in the USA

« on: July 23, 2012, 04:50:21 PM »

You're right, stinger. That's why it's important to define what it is that Getty would be sued for. It may be that the strategy is to sue for fraud, attempted fraud, wire fraud, maybe even extortion. I don't know enough about the law to even dream of suggesting the best strategy. It's important to assess the risk involved; overreaching could result in a counterproductive outcome.

128

Getty Images Letter Forum / Re: Heres your Saturday snicker!!

« on: July 22, 2012, 10:38:01 AM »

Nice work, Peeved! That belongs in The ELI Factor!

129

Getty Images Letter Forum / Re: Heres your Saturday snicker!!

« on: July 22, 2012, 12:20:02 AM »

Well, if the trolls are the redcoats, then it's Bunker Hill Time!


http://commons.wikimedia.org/wiki/File:Battle_of_bunker_hill_by_percy_moran.jpg

130

Getty Images Letter Forum / Re: Possible reasons for class action suit against Getty in the USA

« on: July 21, 2012, 12:27:04 PM »

Yes it would, Ian, you're absolutely right. I like your suggestion to vet the data we do have to see if it involves any of the images they don't have a right to enforce.

The class action would probably have the most solid foundation if the plaintiffs were the folks who already settled and paid on these fraudulent claims. The catch-22 of the situation is that these people have already proved to be timid by settling with Getty and probably signed non-disclosure agreements. This would make them hesitant to come forth and go on the offensive against Getty.

The second group that could bring the class action are the folks who have not settled but are being harassed and pressured by Getty Images and their "compliance team." This demographic is more promising because they've proved they're willing to come forth and fight  back. These folks are not afraid of the bullying and posturing and would likely participate eagerly.

Then the next question is the legal strategy. What would Getty be sued for specifically? I went to art school, so I'll leave that to those with more experience in legal matters.

131

Getty Images Letter Forum / Re: Public Records Requests for Getty Images Update

« on: July 20, 2012, 10:45:35 PM »

What I want to know is if there are that many pages of complaints against one company why hasn't there been an investigation or something against Getty?

Good point, Greg. That will itself be something to look for in the documents. It may be that it's a lot of pages but not really that many complaints that are exclusively related to extortion letters. There may be other types of complaint, perhaps about sloppy billing, slow refund times, disgruntled employees, unhappy photographers and other such matters.

Or it may be that no one has ever put this all together into one neat package to be presented to the correct regulatory institution. That remains to be seen. Can't wait for buddhapi to post it! Let us know, Robert! 

132

Getty Images Letter Forum / Re: Seattle Times full page statement

« on: July 20, 2012, 10:19:47 PM »

Even though I lament the diminishing and eventual eclipse of the mighty newspaper publishing industry, I have to agree with Mulligan. He does make a very good suggestion that I think can be very useful.

April, also consider using Facebook to target non-profits. Once you create a business page, you can create ads that are targeted to specific demographics based on their interests. They don't cost so much and can bring you very quick response.

The page could be used to alert people, inform them, and to make a soft-sell plea for donations. From that page you could link to this forum for those who want to get a "behind the scenes" look at the copyright troll social disease.

Here's some information on how to use Facebook pages for nonprofits:

http://www.diosacommunications.com/facebookbestpractices.htm

Let me know if you can use help setting it up. I'd be more than glad to help.

133

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 20, 2012, 10:05:58 PM »

ESPN appears to have some connection with Getty Images. Many of the images on ESPN Wire are attributed to Getty Images:

http://espn.go.com/espn/photos/wire/_/id/10/mlb

ESPN is one of the planet's largest television networks. They have channels all over the world in different languages. They may not be aware of Getty Images' embarrassing shakedown program and may not like being associated with that kind of stuff.

It would be interesting to hear ESPN's comments on Getty's extortion letter program. ESPN is a very jealous guardian of its own trademarks and copyrights and works extensively with organizations that are also extremely sensitive about intellectual property.

134

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 19, 2012, 05:15:52 PM »

"Gutta cavat lapidem, non vi sed saepe cadendo"

Khan

Amen.

135

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 18, 2012, 07:46:01 PM »

Awesome, Greg!