Messages

1411

Getty Images Letter Forum / Re: Has Anyone Really Been Sued??

« on: June 21, 2012, 07:19:05 PM »

To date and to the best of my knowledge Getty has never sued anyone over one image.  The last lawsuit Getty filed was Getty v Advernet and Getty won the case by default.  Even though Getty won the court ruled they would get nothing.  You can read about it here.

Complaint
http://www.scribd.com/doc/81920643/Getty-Images-vs-Advernet-Complaint

Answer
http://www.scribd.com/doc/81920643/Getty-Images-vs-Advernet-Complaint

Decision
http://www.scribd.com/doc/75525341/Getty-Images-v-Advernet-Decision-Southern-District-of-NY

1412

Getty Images Letter Forum / Re: My Response Letter to NCS

« on: June 21, 2012, 06:48:21 PM »

Thanks BuddhaPi.  I don’t remember seeing this thread as I went back over past entries  I have found and read the FDCP before while doing research for my case if it goes there but as usual Matthew sums it up beautifully.

Just an FYI the http://extortionletterinfo.com/eli-fdcpa.pdf Link in the article comes up as a 404 not found.

They most likely won't say anything, just send it back to Getty as required by law. I personally would have kept it to the bare minimum that is required and outlined by the FDCP

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/fair-debt-collection-practices-act-(eli-highlights)/

I think that looks very well written, looks like you took your time and did your research. Please keep us posted on what they say.

1413

Getty Images Letter Forum / Re: My Response Letter to NCS

« on: June 21, 2012, 06:11:51 PM »

I think that looks very well written, looks like you took your time and did your research. Please keep us posted on what they say.

1414

Getty Images Letter Forum / Re: Another recipient of letter from Ms. Wright & Mr. Andersen

« on: June 21, 2012, 12:38:15 PM »

I look foarward to seeing what you both have and to the post.

1415

Getty Images Letter Forum / Re: A puzzling situation

« on: June 21, 2012, 12:11:47 PM »

Correct, if you have Oscar he will handle it from this point and you are in very good hands.

In my initial panic I signed up for Oscar's defense letter program, so I don't think I should be contacting Getty. I'm ok letting that play out in whatever way Oscar thinks is appropriate. I started this discussion only to help me decide if I had actually done anything wrong so I could determine if I should continue operating the website. If I have to license all the puzzle images or fight trolls very often I could never sell enough to make it profitable.

1416

Getty Images Letter Forum / Re: A puzzling situation

« on: June 21, 2012, 11:47:17 AM »

Getty is wanting proof the image was licensed, can the company you are getting the puzzles from provide you with a copy of the license you can forward to Getty to show the image(s) are licensed? Shouldn’t that solve the issue or am I missing something more?  If the image is licensed it for use on a puzzle it should not matter whether it is displayed to the public for sale in a retail store, online store, eBay or wherever. IMO

But ditto with S.G and mcfilms, don’t pay them a penny.

1417

Getty Images Letter Forum / Re: A Message From KeepFighting

« on: June 20, 2012, 09:01:04 PM »

Thank you Oscar and I couldn’t agree with you more, I think Peeved stated it very well earlier in the thread when she said.

“Everyone needs to fight this battle how ever they seem fit. There are those "anonymous" members who have contributed "financially" as well as with continuous dialog. Some with a little "humor" added to the mix. I respect those members as well!”

1418

Hawaiian Letters & Lawsuits Forum / Re: Copyright Services International / HAN Case

« on: June 20, 2012, 08:55:01 PM »

It's good to see you back Oscar!

One things for sure, Moe, we know his name wasn't "Eli."

1419

Getty Images Letter Forum / Re: Collection phone calls from collection lawyers

« on: June 20, 2012, 08:53:32 PM »

Actually, after I finished the last post I thought I would just go ahead and share the letter I sent.  Perhaps someone who just got a letter can use it as a reference to help them if they choose to respond to GI. 

Here is the letter:

Yeah, We Do That.
XXXXX XXXX XXXXXX
Mason, Ohio 45040

Gregory A. Troy            (XXX) XXX-XXXX
Owner

April 25, 2012
Getty Images
605 5th Ave South Suite 400
Seattle, WA 98104

Case# XXXXXXXX

Dear D. Bieker:

I am writing in response to your letter dated April 16, 2012.  I believe that we are fundamentally disagreeing on this issue.  I still wish to settle this matter amicably between us. You have sent me a letter alleging copyright infringement; I have sent you my information regarding the image.  Before we can continue with further discussions I need the following information from you as you are presenting me with
a Settlement Demand but no documentation supporting your claims or the amount requested.

1)   I need to see verification that the image was filed with the U.S. Copyright Office 
2)   Verification that the copyright is either for the individual image or a group of images.
3)   I need a copy of the signed contract, assignment or other documentation between Getty Images and the artist transferring copyright and giving you exclusive rights to the image as you have stated in your letter.
4)   Sales history and records of this image and prices received for the image.

I have gone to your website and searched for images similar to the image in question and found you have literally hundreds available ranging in price from $10.00 to $25.00 for the size of the image. As I stated earlier I would like to settle this matter amicably, even though I still firmly believe that I do not owe Getty anything. As a good faith effort to attempt to resolve this matter I will offer Getty Images a total of $75.00, which is 3 times the amount charged for similar images.  Also, in both of your letters you demand settlement within 14 days, I will not now nor will I ever be rushed into any decisions and will always take a reasonable amount of time necessary to research, consult and decide my actions before I respond to any letter. 

Whether you choose to accept my offer or not I do require that you provide all of the documentation requested providing proof of copyright, contract and sales history.  No monies will be paid without full and complete documentation.

You have it in your power to resolve this issue and get on with the work of protecting your client’s rights from those who are willfully and knowingly taking and using images. Again, thank you for taking the time to consider this matter and I hope you will accept my offer and then consider the issue closed as I do. I await your response.

Respectfully,

Gregory A. Troy
Owner
Yeah, We Do That.

1420

Getty Images Letter Forum / Re: Collection phone calls from collection lawyers

« on: June 20, 2012, 06:22:31 PM »

Actually, after I finished the last post I thought I would just go ahead and share the letter I sent.  Perhaps someone who just got a letter can use it as a reference to help them if they choose to respond to GI. 

 Okay, I think I need your help BuddhaPi.  Is there a way to insert a word doc here so that it keeps its formatting?  I will post the letter once I figure out how.

1421

Getty Images Letter Forum / Re: Collection phone calls from collection lawyers

« on: June 20, 2012, 06:02:35 PM »

This is a good discussion, and I like hearing other people views and ideas.

I agree 100% and in my response I did tell them that even if they should accept my offer ($75.00) it was contingent on them providing they sent me a "copy of the signed contract between you and the artist transferring copyright and giving you exclusive rights to the image as you have stated in your letter."

Without proof, I wouldn't offer a cent... and why should I?

1422

Getty Images Letter Forum / Re: Collection phone calls from collection lawyers

« on: June 20, 2012, 04:13:58 PM »

S.G.
I completely understand where you are coming from but I will tell you why I responded to my letters, even after reading the forums and knowing it would go nowhere.  There have been a total of three letters sent and now I’m completely done until my requests are met. That is unless someone writes me asking me to give them some serious butt hurt like Timmy did with Matthew.

I responded to their letters to:
1)   Show this was an innocent and non-willful infringement (if they owned the rights to the images)
2)   Request proof they owned the image and had the right to make a claim.
3)   Offer what I felt was a reasonable settlement (Providing they gave me proof)
4)   Tell them I consider the matter closed and have nothing more to say until you send me the requested proof.
I did all these steps to show, should they be stupid enough to take me to court that I have been fair, reasonable  and tried to settle the matter but GI has refused  to negotiate and just crossed their arms, stomped their foot  and cried “I want my money”

Everyone needs to decide what they want to do for themselves but for me I thought if they should try to take me to court they could say I ignored their letters and failed to respond in any way, it might look badly on me to the court.  Now I can say here is my solid proof showing this was innocent infringement, here are my reasonable requests for proof, here is my settlement counter offer and GI has refused to provide anything to me except threaten escalation. 

In light of the trolling cases of late where the courts have scolded the plaintiff attorneys for using the courts for business gain rather than true justice and if the image in question should be the one of the images Getty actually has register properly, innocent infringement usually brings about a 200.00 fine.  I don’t think too many district courts will be happy having their time wasted over a 200.00 case.  I would hope any possibility of attorney fees would be thrown out since I have made it clear I will talk and try to settle if they provided proof.  I just will not pay an unreasonable amount.

Again, I completely understand the way you feel S.G. and would tend to agree but I don’t think ignoring it, at least at first is the way to go.

Getty always refuses to forward proof of its claims.
Therefore, would anyone care to to explain to me in detail what you're gaining by talking with them?
I really don't see any point to all these "emails" and "letters".

S.G.

1423

Getty Images Letter Forum / Re: an interesting message from a Getty "Copyright Compliance Specialist "

« on: June 20, 2012, 01:35:28 PM »

Yeah, if this is the case it doesn’t look like Getty really doesn’t have much to stand on if they would be crazy enough to go to court.  This lends to what I have been thinking for a while, if Getty had registrations that would stand up in court then they would be providing them as an incentive for their letter recipients to settle their cases.  I know in my last and final letter I told them that I would not pay any settlement, even if we could agree on a reasonable number (like loserboy’s settlement...great job again loserboy) without them providing proof they have the legal right to peruse and collect on the image.  Now that this letter is out there and can be quoted in extortion demand letter replies I think Getty’s life has just become much more difficult.  We should consider sending Ms. Monson an ELI team player award for the aid in the defense of letter recipients.

1424

Getty Images Letter Forum / Re: Getting our message to the main stream media

« on: June 20, 2012, 10:38:02 AM »

April, I would be willing to do any or all of the above. Whatever I can do to help I am willing. I will PM you my contact information.

1425

Legal Controversies Forum / New Trolling Tatic?

« on: June 19, 2012, 11:56:45 PM »

It looks like we have a new trolling tactic; at least it is the first time I have seen it.  CLG Group troll Mike Meier (good name for a troll) sent a package in the mail to a potential Doe.  The package arrived addressed to the Does real name with a cover sheet saying we are getting ready to file the attached suit but if you want to settle before it goes to court pass it to your attorney or contact us and we’ll discuss it with you.  Along with the cover sheet there is an infringement suit with the Does name on it but no district court listed or case number. Another issue is how Meier got the Does name as it is assumed this is an IP address case and the Doe has received no notification from his ISP of any request for his information. 

http://dietrolldie.com/2012/06/19/copyright-law-group-troll-meier-no-case-settlement-offer/