Messages

121

Getty Images Letter Forum / Re: Background images?

« on: August 08, 2013, 01:58:58 PM »

I have seen cases where they find a tiny snippet of an image used as part of a banner collage. Its a helluva program

122

Getty Images Letter Forum / Re: Collection Agency call

« on: August 08, 2013, 01:57:38 PM »

What Peeved and Robert said.

123

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: August 08, 2013, 01:57:04 PM »

BTW as I learned on this forum, a new decision has come down from the Fourth Circuit that says the exact opposite of Alaska Stock and Chaga. So the decision from the Ninth becomes even more important.

124

Getty Images Letter Forum / Re: Getty vs. Porn Trolling Model

« on: August 08, 2013, 01:55:02 PM »

Courts have really given the Prenda model a hard .  . .time in recent cases.

125

Getty Images Letter Forum / Re: copyright questions

« on: August 08, 2013, 01:54:15 PM »

Yes its technically a copyright infringement to copy and post the FB or twitter symbol but they would never do anything about it because it is free advertising and usually used to link back to their product. Who knows, their may even be a permitted use in their terms of service for that purpose. In any event, the infringement and the damages would be minimal. If however, folks started using it on products or to give the appearance that somehow fb or twitter are connected to a product or service, then they would likely bring a trademark infringement action.   

126

Getty Images Letter Forum / Re: Licensing Fee

« on: August 08, 2013, 01:33:49 PM »

Also other courts have upheld the method of registration so we need to see how this will ultimately shake out in appellate courts and maybe even the Supreme Court.

127

Getty Images Letter Forum / Re: Getty letter about image included with commercial web design software

« on: August 08, 2013, 01:31:10 PM »

OK keep me posted

128

Getty Images Letter Forum / Re: Velvet fist in the iron glove?

« on: August 08, 2013, 01:13:32 PM »

Keep us posted

129

Getty Images Letter Forum / Re: 2nd Getty Demand Letter - Should I Be Worried?

« on: August 08, 2013, 01:12:41 PM »

The way they crank out those letters, it won't be too long before they make their money back. And owning the proprietary rights to the program doesn't just eliminate the middle man, it increases the company's value as PicScout can't jack Getty up or simply pull the plug on their relationship. 

130

Getty Images Letter Forum / Re: Defense Letter Program - How long to hear back?

« on: August 08, 2013, 01:10:21 PM »

If you have not heard back from us by end of business today call my office tomorrow to speak with me at 516 741 3222

131

Getty Images Letter Forum / Re: Whois Information

« on: August 08, 2013, 01:09:01 PM »

It would slow them down but it also may provide some evidence of a wilful intent to infringe.

132

Getty Images Letter Forum / Re: Just received my third letter from Getty

« on: August 08, 2013, 01:07:21 PM »

This issue has been discussed at length on this forum - no harm to a credit report or rating can come from a "claim" which is what this is.

133

Getty Images Letter Forum / Re: Question About Getty Images Own Copyright Infringement Liability

« on: August 08, 2013, 01:06:27 PM »

Just because they work out of Israel does not mean they are not subject to US laws. If their actions have sufficient impact here or if they can be held to be transacting business hear they can be subject to US jurisdiction. Otherwise every US company would form an international company and then avoid EPA and other US regulations in their US operations   

134

Getty Images Letter Forum / Re: A judgement from The Fourth Circuit

« on: August 08, 2013, 01:03:25 PM »

The use of an electronic signature I think is not a big deal, but it is very important the a Federal Circuit court has ruled contrary to Bean, Muench and Chaga.  The Copyright Office is actively amending and changing it rules and this decision might give it some courage to make changes in MF's favor. We are anxiously awaiting the Ninth Circuit's decision in Alaska Stock.  IF it goes the other way, this issue will head to the Supreme Court due to the conflict in Federal Appeals Circuits.

135

Getty Images Letter Forum / Re: ELI Defense Letter - Reviews?

« on: August 08, 2013, 12:49:43 PM »

The mere fact that this forum, website and letter program has been up and running since 2007 with my name and picture on it should tell you something. We do not brag or gloat on the site about the success or merits of the letter defense program but I could flood these pages with the "Thank You" emails and other gifts sent to me and Matt from companies that have either hired us or have gained sufficient information from ELI to address the issue on their own.  The longevity of the site and the lack of negative posts about folks' experience with the site and the program should speak for themselves.