Messages

16

Getty Images Letter Forum / Re: copyright questions

« on: July 24, 2013, 07:33:53 AM »

heh in the case of twitter; a lot of sites use the box with the 't' in it, yet on the link to their logo&brand page it clearly shows that one is not to use such a box.

it's maddening.. and I'm not talking about football (just to cover my bases on THAT).

17

Getty Images Letter Forum / Re: copyright questions

« on: July 23, 2013, 07:30:54 PM »

This begs the following question..  All the icons above, facebook, twitter, youtube, and below with the facebook "like" icon.. someone made those.. Could they technically try to claim copyright infringement?

I know that sounds silly but it's a very serious question.  I'm in the process of totally revamping all of my websites to remove anything that could potentially be considered infringement.

18

Getty Images Letter Forum / Re: copyright questions

« on: July 22, 2013, 06:12:38 PM »

would the following fall under "fair use":

I'm running a website that does reviews of movies, books, games, and assorted goofy stuff.  If a movie theater invites me in to review a movie; am I able to take an image of the movie released by the movie studio to grab reader's attention with said review?

Likewise with a review of a book or game; am I able to grab a product still from the supplier's website whom sent me to book or game to review and use that in my post?

Or would it be in my best interest to obtain permission just in case?

19

Getty Images Letter Forum / Re: copyright questions

« on: July 21, 2013, 09:00:08 PM »

Next Question:

While this does not pertain to an image, I'll do my best to make an analogy to where it can.

Let's say I'm doing a podcast and someone sends me their original music to have it featured on my show.  Am I able to use it without worry that someone in the future could come after me?

Now for the graphic part: Let's say I am running a blog and someone sends me their original image to have it featured on my blog.  Am I able to use it without worry that someone in the future could come after me?

Again I appreciate all of the help here, more importantly I appreciate the patience you guys have with me and my silly questions.

20

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 21, 2013, 10:41:50 AM »

In a worst-case scenario and getty does take me to court, where would that take place?
would I be required to travel to their home state, or would it take place in mine?

Can anyone provide any potential details on this?

21

Getty Images Letter Forum / Re: copyright questions

« on: July 20, 2013, 10:11:26 PM »

another question;

I have a friend of mine who is a graphic artist by trade.
In the past he has designed several football helmet designs, football jersey designs, snowboard designs, logos, signs, etc.  To him they are all works of art.

Lets say, for example, I'm on getty's site and run across a picture that has some football players wearing the helmet and jersey that my friend designed.  Or say I run across a picture that has a snowboard he designed.  Is getty in violation of my friend's copyright?

In the instance of the football gear; he created the design on commission to the school.  They paid him for his design.

In the instance of the snowboard, again he created the design for a customer; the customer then had the design sent to a place that manufactures snowboards and they printed that design and applied it to the customers snowboard.

In both instances he still owns the copyrights to the designs.  In other words; the school cannot take the design and go to another sign shop and have them create the shirts (my friend keeps all digital copies at his shop and does not release them unless they pay a substantial fee for the design).

I figure that this too falls into a very grey area.

The reason I am asking all of these questions is that some of them pertain to some things I have been associated with in the past and I simply want to have a better working knowledge should I find myself in similar situations in the future.

22

Getty Images Letter Forum / Re: copyright questions

« on: July 20, 2013, 10:24:50 AM »

thanks guys for the info.  I figured most of this to be exactly as you answered it.  Seems to me that there are millions of websites, tv shows, radio shows, photographs, etc. that are in violation because of these grey areas.

I mean.. what would stop a famous shoe maker from claiming something against me if I were to wear a shoe with their logo on it?  I'm unsure how that would be any different than if I was to take a picture of someone wearing the same shoe.

I don't like grey areas.

23

Getty Images Letter Forum / copyright questions

« on: July 20, 2013, 08:20:07 AM »

I was encouraged by another member to post this; while it's not directly related to a getty letter, I do feel that perhaps some of the answers could help everyone out in the long run when it comes to possible copyright infringement.

After getting my Getty Letter I got freaked out.  Lost sleep, felt sick to my stomach, had arguments with the wife, etc.  Then I found this forum and sought out all I could find about copyright rules and laws.

That stuff is fairly easy to come by, albeit the language is sometimes a bit beyond my understanding.

I do understand that the moment something is created that the creator owns the copyright.  I get that.  When a photographer takes a photo, the moment the button is pressed they own the copyright to that photo.  I get that too.  What follows, however, are some questions that I just cannot figure out.  For sake of argument we can assume that no one was contacted to obtain copyrights.

If I have an image that I found on another website and crop it to half it's size and use that, can I do that?

If I post a picture of a  movie poster on my website that I got from my favorite animation studio's website, can I do that?

If i'm at the actual movie theater and take a picture of just the movie poster, can I post that on my website?

If I'm at the actual movie theater and take a picture with a bunch of friends around the movie poster (with the movie poster in full view), can I post that on my website?

If I have an image and add text to it, change some colors, and alter it, can I post that on my website?

If I make a video and I'm wearing a shirt with a famous superhero logo on it, shoes with a famous shoe maker logo on it, and a hat with another famous logo on it, am I infringing upon those copyrights?

If I make an audio (like a radio talk show / podcast) to post online and use.. say.. a clip of a cartoon's voice, or 15 seconds of someone's song, can I do that?


I've got a few more questions, but I think I can research them a little to find my answers.  I thank you for your time.

24

Getty Images Letter Forum / Re: Whois Information

« on: July 20, 2013, 08:06:14 AM »

Oh, I don't care about "being found".  I was just curious about the "making info on the whois private" - if that would prevent getty (or anyone else) from going after you (or at least make it less likely).  I didn't realize that the image I took was owned by getty, as I did purchase it from a template website.  just curious is all.

25

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 19, 2013, 10:49:17 PM »

in my myriad of web page readings i swear up and down that i read that getty sells images to template monster..  and if boxedart is owned by tm...  I also just read somewhere that TM has settled cases between a template purchaser and getty where TM's template allegedly contained a getty image. 

so.. who knows.  I'm still in shock from my letter.  looks like I'm gonna take it to the mattresses.

26

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 19, 2013, 09:44:04 PM »

on a related note.. does anyone know of a site I can go to to ask about some specific copyright questions?  I'm learning more than I ever wanted to know (which is not a bad thing really), but I have a few questions that I just can't seem to find an answer for.

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Getty Images Letter Forum / Whois Information

« on: July 19, 2013, 07:48:07 PM »

What i am about to ask is in no way trying to encourage taking images.

When registering a website (or any time thereafter) one can make the who-is information non-public.  In an instance where someone has unknowingly used a copyright image on their site; would it having non-public who0is information slow down getty?

Or do they still have ways of finding out the owner?

28

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 19, 2013, 07:45:27 PM »

I have half the mind to write a simple and direct letter.
something along the lines of..

"While I have been able to show that I have in fact paid for the image from a template website, I am still going to exercise caution and have removed the image in question from my website and server. I am not admitting to liability by doing this, but rather I am removing it to further remove any ties to your company or website.  I did look up the copyright for said offending image and was unable to verify that Getty Images, or the photographer you stated, was the copyright owner.
I have proof that i paid for said image, but I have yet to see proof that Getty Images has a legal claim to the image.
As the time restraint was placed upon me, I will also expect a reply within 7 business days providing to me explicit proof that Getty Images has a legal claim to the image and exclusive rights to the image.  As I mentioned I have proof of payment to another website where I purchased a website template that contained the image in question.  Should you not reply with the requested information within the same time frame you have granted me (7 business days), I will consider your demand(s) fully satisfied and this alleged infringement matter settled."

I already know their reply; it will be along the lines of:
[you still owe us, and we are not going to release the information you requested unless ordered by a judge in court.  by the way, who us your proof.]

To which I'll simply tell them; my proof will be seen in court, take me there.

Thoughts?

29

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 19, 2013, 05:00:13 PM »

I always got all of my templates from boxedart(dot)com .  I did a search on there and have not been able to find the template (which is not surprising, I mean this was back in 2010).

However, with that said.. I did just read on their site:
"(boxedart) give no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs, registered or copyrighted images, elements or works of art depicted or cont
ained in any image in any Product, and You must satisfy yourself that all the necessary rights or consents, as may be required for Your use of Product(s), are obtained."

Stupid me for thinking all I had to do was pay for something and I could use it.
I mean.. with something like this.. what's to stop Polo shirts from making a lawsuit against everyone who has purchased one of their shirts with their logo on it? 

As a result, I am trying to familiarize myself with all things copyright now.

In reading I have come across this:

"§ 504. Remedies for infringement: Damages and profits
(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —

(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work."

Would this mean that the copyright owner has to prove MY gross revenue on the image's use (in my case it's $0 because I just don't sell anything on that page let alone on the site itself), while I have to prove MY deductible expenses (which would be $15.00 a month for hosting plus $15.00 a year for registration) ?  AND seeing as the supposed copyright owner does not appear to have registered the image for copyright, how does getty have a leg to stand on?  Or is the above section not applicable in this instance?

30

Getty Images Letter Forum / Got the Getty Letter

« on: July 19, 2013, 03:36:49 PM »

I won't bore you with the story; it's pretty much the same as everyone else here who has received a letter from getty.
I will state, however, that the template I purchased included the image that getty is alleging that I am infringing upon.
I got the letter two days ago; to cover all bases I removed the image that same day (I acutally pulled the entire website down because I had planned to redo the entire site this weekend anyways).
It is not a commercial site; it's just a "for fun hobby" site (in other words I'm not selling anything).

I do have bank records that show I paid for the template back in 2010, as well as an invoice from the company I purchased the template from.  Sadly, it's just a generic invoice; Website Template is what it shows that I purchased.

I went to: http://www.copyright.gov/records/ and did a search for the individual that they claim is the copyright owner of the image; that person has never registered anything (at least not in the United States).

My next step is to write back to getty requesting proof that they indeed own the copyright to the image (which I suspect they don't from all the reading I've done on this site), or at the very least that they can prove that they have a legal claim to the image.  I've found the person who's name is listed as having credit for the image, but there is nothing on his website to indicate that this image is indeed his.

I'll take any advice on the subject, but would like to ask this; is it wiser to send an email or a snail mail to getty?