Messages

1351

Getty Images Letter Forum / 5 Reasons You Shouldn’t Fear Being Sued (Too Much)

« on: October 10, 2012, 04:39:13 PM »

No one wants to be sued, ever. Most of us would rather resolve our differences through negotiation, communication and, failing that, arm wrestling, drag races or just about any other means.

Yet, when people get angry online, it seems to be that’s the first a lot of people do, threaten a lawsuit.

While you shouldn’t be reckless and infringe the rights of others, whether it’s copyright, trademark, defamation, privacy, etc., the truth is that you shouldn’t be too worried about getting sued, especially when you haven’t done something that’s clearly illegal.

As much as people like talking about suing one another, it rarely actually happens and there are several reasons for that.

However, to understand them, you have to delve a bit deeper into the legal process and see why it’s not used nearly as often as people might think for settling disputes online.

http://performancing.com/5-reasons-you-shouldnt-fear-being-sued-too-much/

1352

Getty Images Letter Forum / Re: How many have been sued for use of one pic?

« on: October 10, 2012, 04:31:48 PM »

Lisa, they are NOT suing the chamber, they may be threatening to sue or alluding that they MAY sue, but unless the chamber was served properly, they are NOT being sued..Unfortunately the image in question is on the chambers site, so they are on the hook, and Getty won't want to deal with you..you have several options, if it were me, I would request the chamber hire Oscar services and then you credit back the chamber as they are your client....or you can have the chamber shove Jonathan's Kleins ( ceo of getty) video of him stating they don't pursue non-profits, or site thats make no money..but that will fall on deaf ears..it all falls on deaf ears...they just want your money or anybody's money, cause they can sell images.

1353

Getty Images Letter Forum / Re: How many have been sued for use of one pic?

« on: October 10, 2012, 03:38:40 PM »

settling is always an option, as is filing a counter-suit...they won't sue over 1 image, it's very likely that the image isn't even registered, and if it is it might not be registered properly, they would not make any money by suing you, it would cost them money..they just like to blow smoke out of their pie holes..They will most likely send you a few letters, and then they will let that asshole Timothy McCormack send you a letter ( see I can and will call the copyright cow an asshole, a. because I'm cranky today, and b. I'm entitled to my opinion, and my opinion is that Seattle Attorney Timothy B. McCormack is an asshole!...there I said it again)...Timmy can't sue you either, he can only harass you. Beside he has very little if any litigation experience, according to his own blog..

Just so you all know I'm on day 6 of no smoking, hence the crankiness, God help whichever troll raises their ugly heads for the next few days, there's no telling how I might react, but i'm fairly certain it won't be pretty..

1354

Righthaven Lawsuits Forum / Righthaven CEO Gibson insists he’s owed back wages

« on: October 10, 2012, 07:58:02 AM »

The fight for control of Righthaven LLC will continue after a judge on Tuesday declined to immediately rule on the conflict.

Separately, a new twist developed in the Hoehn case when Gibson asserted that besides being Righthaven’s CEO, he’s also a Righthaven creditor being owed an unspecified amount after voluntarily forgoing his “six-figure” Righthaven salary since about July 2010.

"Therefore, I have months, if not years, of unpaid wages, pursuant to Righthaven’s Operating Agreement, due to me,” Gibson told Pro in a court filing.

http://www.vegasinc.com/news/2012/oct/09/fight-control-righthaven-continue/

1355

Getty Images Letter Forum / Re: How many have been sued for use of one pic?

« on: October 10, 2012, 06:10:43 AM »

at this time the number is ZERO.

1356

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

« on: October 09, 2012, 06:23:40 AM »

Heres is a quote by Nancy Wolff of PACA and her thoughts on the Masterfile loss.

"In support of Masterfile's copyright infringement case against Chaga International PACA attorney Nancy E. Wolff prepared a declaration explaining the purpose of the registrations and the meetings on behalf of PACA with the Copyright Office. The defendants had moved to dismiss the action based on the validity of the registrations. In addition Marybeth Peters, the former register prepared a declaration in support of Masterfile and its registrations.

Unfortunately, Judge Real disregarded the declarations and ruled against Masterfile. Apparently this judge has a reputation for being anti-plaintiff and dismissing cases. He is frequently reversed. Relying on the prior cases of Alaska Stock and Bean he gave no deference to the Copyright Office. Masterfile has filed an appeal and is awaiting the 9th circuit decision in Alaska Stock v. Houghton Mifflin. If the 9th Circuit upholds the registrations in Alaska Stock, these lower court decisions from the 9th Circuit will be overturned.

Meanwhile, these declarations are available and may be helpful to other members in arguing against these strings of lower court rulings invalidating the group copyright registrations."

http://www.pacaoffice.org/membersOnly/updateArchive/120717.shtml

Looks to me that she's hoping fr a reversal, however with Alaska Stock being in bankruptcy, it looks like they maybe in for a long wait.

1357

Getty Images Letter Forum / Re: Getty Images Extortion Office Building Photos

« on: October 08, 2012, 01:58:43 PM »

actually I'm going to introduce myself as Greg Troy...

Tell them that if they don't give you an interview you'll sic me on them   

Interesting, I'll be adding to this when I travel to New York, we'll have their office as well, but not just from the inside, I'm marching right in and asking for an interview with Jonathan Klien..

1358

Getty Images Letter Forum / Re: Getty Images Extortion Office Building Photos

« on: October 08, 2012, 12:56:38 PM »

Interesting, I'll be adding to this when I travel to New York, we'll have their office as well, but not just from the inside, I'm marching right in and asking for an interview with Jonathan Klien..

1359

Getty Images Letter Forum / Re: Copyright Infringement Letter from a Getty contributor

« on: October 06, 2012, 01:23:41 PM »

Personally I would name and shame this so called "photographer" right here on the forum, post his/her name, email address and web site. One it will help anyone n the future how gets a letter demanding money, and 2 it gives the ELI forum members the opportunity to do our thing...( which is quite effective I might add), you ( the OP) might want to reference Jennifer Sherrouse on these forums and see how fast she went running in the other direction.. You are under NO obligation by anyone to keep this information private or confidential, publicising it will only help your cause IMHO

1360

Getty Images Letter Forum / Re: Copyright Infringement Letter from a Getty contributor

« on: October 06, 2012, 10:02:49 AM »

@Scraggy, as far as I can tell no-one in this thread has threatened to sue or even mentioned a suit..I think by you continually going in this direction will only add stress to the OP, hell even Getty only threatens to "escalate" to their legal dept, which is not even threatening a suit..

1361

Getty Images Letter Forum / Re: Copyright Infringement Letter from a Getty contributor

« on: October 06, 2012, 06:29:38 AM »

I'll bite!

1. do not respond to her/him via email, if it legit they need to contact you via postal service not email or telephone.

2. don't be led to think they are "suing" you, an email, or even a letter doesn't mean a suit is going to happen, unless you are properly served papers from a court.

3. Scraggy may be mistaken, if this is the photographer, he/she may have access to a record of who purchased the images thru Getty, we don't know this, as none of us have access to Getty's backend system. ALSO is this is the photographer, they very well MAY have the right to sue and Getty may NOT, again we haven't seen the agreement between Getty and said photographer..

4. Bad grammer and English while often a clue to whether an email is legit or not, doesn't mean it is not legit..

5. If I were you I would remove the image and forget about it for the time being.

1362

Legal Controversies Forum / Facebook shutters The Cool Hunter for copyright issues

« on: October 05, 2012, 01:56:43 PM »

Facebook has cracked the whip on The Cool Hunter. After little warning the social network shuttered the design and pop-culture Web site's Facebook page eight weeks ago, leaving both the founder and its 788,000 fans wondering what went wrong.
In a blog post this week, founder Bill Tikos bemoaned the shutdown and said that it has severely hurt the site's business. According to Tikos, its Facebook fan base grew by 1,500 to 2,500 per day and also generated more than 10,000 click-throughs to the site per day. Overall, The Cool Hunter has 2.1 million monthly site visits, along with hundreds of thousands of Twitter and Instagram followers.

http://news.cnet.com/8301-1023_3-57526539-93/facebook-shutters-the-cool-hunter-for-copyright-issues/

1363

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: October 05, 2012, 06:30:59 AM »

I hang my head in shame...That is all...carry on.

1364

Legal Controversies Forum / YouTube Alters Copyright Algorithms, Will ‘Manually’ Review Some Claims

« on: October 04, 2012, 09:11:17 AM »

Google-owned YouTube said Wednesday it is altering its algorithms to reduce invalid copyright infringement claims on its video-sharing site and will begin manually reviewing some claims instead of the system automatically blocking disputed footage.

To address the issue of false positives and outright abuse of the system, he said, “We’ve improved the algorithms that identify potentially invalid claims. We stop these claims from automatically affecting user videos and place them in a queue to be manually reviewed.”

http://www.wired.com/threatlevel/2012/10/youtube-copyright-algorithm/

1365

Getty Images Letter Forum / Re: Lisa Willmer, Senior Director, Corporate Counsel at Getty Images

« on: October 04, 2012, 08:28:01 AM »

My guess is there aren't any names anymore, as we continually throw them under the bus, which can't be good on their resumes, and most employers these days do search for potential hires. I actually like the idea of Naming Willmer in the complaints, yes she seems to be in charge of the "Copyright Compliance Team", but more importantly addressing her directly, will make her use her time to address it, she likely gets paid much more than the kool-aid drinking clerks, and is they sucking our time with this BS, we should suck as much of their time as possible.