Messages

1276

Getty Images Letter Forum / Re: Petition the U.S. government to change laws to end copyright trolling

« on: November 15, 2012, 04:03:37 PM »

certainly worth asking, send he a PM, I tweeted it, like it, shared it with my closest 2200 friends...if anyone else want to blog about it but need a platform, copyright-trolls.com is available...I'll probably do a post or 2 myself..

1277

Getty Images Letter Forum / Re: Petition the U.S. government to change laws to end copyright trolling

« on: November 15, 2012, 03:37:26 PM »

Done!
FYI the last petition got a whopping 65 signatures...

1278

Getty Images Letter Forum / Re: Picscout sighting.

« on: November 15, 2012, 10:08:55 AM »

Always good to see Lucia appear!!, yup blocking scrapers is an never-ending  issue.. for those without "programming skiilz" or those that don't care if they get traffic from Israel, you can always take my approach and block then entire country.. ( not practical for Lucia )...Lucia please do tell if you ever notice anything from picscout coming from the states..that could be a game changer in many regards..

1279

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 15, 2012, 06:38:14 AM »

Heres my guess on how they will answer:
1. there is no such thing as "bulk copyrighted" an image can only have 1 copyright...the question should have been, "is this image registered individually or is it part of a compilation.

You should have researched the image in question with the copyright office, as you could have probably determined this yourself with a little effort.

2. If it is a "rights managed" image, other stock agencies will not have it. But this does not mean they have "exclusive rights"that would be in the agreement between them and the artist, unless of coarse they created the image..( again researching the image would have answered this as well)

3. yes they have documents, they may or may ot share them, Masterfile is much more organized than Getty.

I will repeat what I said before...you need to put some effort into this and get educated...there is no "magic answer" short of rolling over and paying them.Have you looked to see what similar images sells for? my guess is none of them sell anywhere near 500.00, why you would offer that is beyond me...

Read the Chaga International case! See that the images in question in that case were part of a compilation, and the registration was deemed flawed, hence kicked to the curb. non valid. they win nothing. if your image is part of that compilation or even another, it nay be invalid, meaning if they sued you they would get squat..

another moot point, as you've already done this even though it is strongly suggested many, many times on the forum..DON'T email them!!! Are they making this easy on you??? why make it easy on them?? make them spend some time printing, stuffing an envelope and licking a stamp. When you ask your questions, pose them in such a way where they actually need to think and research an answer.

Their answers will be short and sweet and at the end they will again demand the full amount, whilst at the same time shooting down your questions...My apologies if I sound harsh, but a little education goes a long way, and when I see people responding off the cuff, without much effort it irks me.. this is a battle, certainly you don't want to cross enemy lines without be armed and dangerous.

Ive emailed MF this:

To help me evaluate usage fees, can you provide the following information about picture #700-xxxxxx:
- is this image bulk copyrighted or single copyrighted
- do you own EXCLUSIVE rights on this particular image or is it shared with other stock agencies?
- do you have documents to support this

lets see what they will answer.

Ive a juggling with the idea of sending out a registered letter (signature requested) to officialize my $500 offer. Good idea or not?

Thanks!

1280

Getty Images Letter Forum / Re: A must read!

« on: November 14, 2012, 05:52:04 PM »

First, I have to say that I like this guy, too.  That said, I really think he is taking a big chance here.   Things like the following quote (bolding mine) could easily be seen as disrespectful to the court:

Defendant apologizes for comments that may not be appropriate, but I can’t afford legal representation and I am really pissed off that there are peoplein this country who are supposed to be officers of the court and represent it inan ethical and proper manner . .

In my very limited time in courtrooms (always in a non professional capacity), I have seen judges get irate about what seems to me to be a lot less than using foul language in official documents (smirks, appearance, attitude).  Maybe someone with more extensive time in the courtroom than me can comment on how they think this might go over.

I have spent considerble time in multiple courtrooms..( I'm NOT a lawyer, we'll just leave it at that) I can state for a fact that most judges would not take kindly to this, nor do they like to be lied to..whoever Ido think the judge would still look at the facts, and probably advise the defendant to stay clear of the creative writing..

1281

Getty Images Letter Forum / A must read!

« on: November 14, 2012, 05:13:00 PM »

I'm cross posting this thread from the p2p forum, as I know some of you don't visit there on a regular basis..this thread is a worthy read, just for the entertainment value.. I would have loved to be a fly on the wall to see the judges face as he read this answer..

thanx to "Freak Show" Greg Troy for finding this gem!

http://www.extortionletterinfo.com/forum/p2p-bittorrent-lawsuits-forum/prenda-case-defendant-gives-copyright-trolls-what-for/

1282

Legal Controversies Forum / I Can Haz Copyright Infringement? Internet Memes and Intellectual Property Risks

« on: November 14, 2012, 12:35:33 PM »

Internet memes—those attention-getting images, videos, and catchy phrases that whip across the Internet via email and social media—have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination. If marketers at your company use Internet memes for corporate purposes, you risk unwittingly infringing the rights of intellectual property owners.

http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202578215101&I_Can_Haz_Copyright_Infringement_Internet_Memes_and_Intellectual_Property_Risks

1283

Getty Images Letter Forum / Re: "Turn pirates into customers: a smart approach to the photo problem"

« on: November 13, 2012, 11:59:31 AM »

ummm, I would imagine it's hard for Getty Images and Timothy B. McCormack to hear much of anything considering how far their collective heads up shoved up their asses..

Great article, but will likely fall on deaf ears at Getty and McCormack.

1284

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 13, 2012, 11:54:20 AM »

 a screen shot is not proof of an infringement, just proof that the image "appeared" on the site..for all they know the image could have been linked from another source..the proof would be in the source code, which would show where the image was actually being served from...moot point I suppose since you clearly already admitted to them that you used the image.. I would think a judge would view you in a favorable light, that you made a good effort to settle, but again there are no guarantees.. you might want to look at the chaga international case, which MF just lost because of the registrations, which were basically deemed useless...if the image you used was by chance one of these images or included with this bulk registration, this would help you greatly..

I don't think Oscar can be much help as you are in Canada..I also doubt MF would file suit over 1 image, but if memory serves they have in the past..

1285

Getty Images Letter Forum / "Turn pirates into customers: a smart approach to the photo problem"

« on: November 13, 2012, 10:59:14 AM »

Not something Getty Images or the other trolls will ever understand or grasp..

The popularity of image sites like Instagram and Pinterest means more photo sharing — but also more copyright infringement. If we’re to avoid the bitter experience of the music industry, image owners should look to Dreamstime’s example of turning infringers into customers.

http://paidcontent.org/2012/11/13/turn-pirates-into-customers-a-smart-approach-to-the-photo-problem/

1286

Getty Images Letter Forum / Re: Petition the U.S. government to change laws to end copyright trolling

« on: November 13, 2012, 10:24:24 AM »

I am beginning to wonder if someone in our federal government did not purposely disable the process to get a profile so that you could put up a petition on the white house site.

The official white house position is that any petition getting 30,000 signatures in 30 days will be reviewed by the government.  According to the article below, since the Dems won the election, at least 25 states have petitioned to secede from the union.  Texas has 60,000 signatures already.  Letting the Republican states leave could be great for the Democratic party in years to come. 

http://www.huffingtonpost.com/2012/11/12/rick-perry-secession_n_2120453.html

I've posted a problem report on the white house site, but have heard nothing in 24 hours.  Is this inept site management or are they overwhelmed with the types of requests they never expected?

probably a bit of both...inept site management ( it is our government!) and they have been getting hammered by alot of individuals seeking to secede...as if that will go anywhere..

1287

Getty Images Letter Forum / Getty Contributor creates Jonathan Klein meme

« on: November 12, 2012, 04:53:49 PM »

Seems even some of Getty Images own contributor don't like asshat Jonathan Klein.

http://www.flickr.com/photos/jonathanmcintosh/5202577100/in/set-72157625329853739

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Getty Images Letter Forum / Re: Why are you on ELI? Why do you keep coming back to ELI?

« on: November 12, 2012, 06:31:24 AM »

I sense a community meet-up in Vegas early next year!! What happens in Vegas stays in Vegas!

1289

Getty Images Letter Forum / Re: Why are you on ELI? Why do you keep coming back to ELI?

« on: November 11, 2012, 07:58:35 AM »

1290

Legal Controversies Forum / Famed quotation isn't dead -- and could even prove costly

« on: November 10, 2012, 03:38:40 PM »

from cnn.com today

In late October, Faulkner Literary Rights -- which represents Nobel Prize-winning author William Faulkner's estate -- sued representatives of Woody Allen's "Midnight in Paris" for misquoting the famous line, "The past is never dead. It's not even past."
In the film, about a writer who travels back in time to 1920s Paris, Owen Wilson's character lightly rephrases the line as "The past is not dead. Actually, it's not even past."
For the film's sin, Faulkner's estate is suing for copyright infringement and asking for "damages, disgorgement of profits, costs and attorney fees," according to the suit.

http://www.cnn.com/2012/11/06/showbiz/movies/faulkner-midnight-paris-allen-lawsuit/index.html?hpt=hp_c1