Messages

151

Getty Images Letter Forum / Re: Extortion letter/s from August Images

« on: January 31, 2015, 10:00:40 AM »

Exactly, this was not a run of the mill photo.  My normal response is to fight it yourself but these types of photos are different and August is a different type of company.  Here's why:

1)  August only offers high end images of mainly famous people.
2)  These type of images are usually registered filed.
3)  August uses only a handful of artists as opposed to the thousands Getty represents.

Add it all together and you get an image with a much higher chance that it may be pursued and that is why I would recommend in this case using Oscar's defense letter program.  Oscar has handled close to 1000 demand letters, he knows what going on, he knows what's fair for a settlement. 

I hope this helps you, I'm sure it's not what you want to hear but as I said this is not a run of the mill Getty image where there are a 100 more just like it selling for 5 bucks a pop. August handles one of a kind high end images you are not going to find just anywhere and as such these images are much more valuable.

152

Getty Images Letter Forum / Re: Extortion letter/s from August Images

« on: January 30, 2015, 11:42:25 PM »

August deals mainly with images of celebrities if I remember correctly.  This is a little different situation that the typical Getty image of a sprinkler head.  While it sounds as if there may be a fair use claim I think you would need to talk someone like Oscar about that. 

I have not heard of any August lawsuits but I do not know for sure, I will try and check PACER this weekend to see if any show up.  My opinion on this one would be to use Oscars defense letter program. 

153

Getty Images Letter Forum / Re: Getty images Letter about a image on a clients website

« on: January 29, 2015, 09:14:26 PM »

I am glad that it worked out for you.

154

Getty Images Letter Forum / Re: Can Oscar help us settle on short notice if sued ? Approximate cost ??

« on: January 29, 2015, 08:21:03 AM »

We can not speak for Oscar, you would need to call his office, but I feel confident he would be willing to help.

155

Getty Images Letter Forum / Re: 1st Getty Letter

« on: January 24, 2015, 11:15:45 PM »

Welcome to the forum and the world of settlement demand letters.  Never trust a free image site, unless you shot it, bought it or can verify it is in public domain then don't use it.  There are greats sites out there like Pond5.com that offer quality images for as little as a dollar.

I appreciate you being a stand up guy and trying to take care of your client but I have seen this too many times before, unless you pay the full amount Getty will harass your client since they are the end user.  If your client is in the states then you can use Oscar's Defense Letter program and Getty can not longer contact your client directly, if not you can retain council in Canada (make sure they are VERY familiarwith copyright law.

You can fight it yourself but that will not stop Getty from pestering your client.

While Tineye is nice to see what is out there it does not tell you if the image it has found is registered or not.  While you can say it has found x number of images you have no idea how many are valid.

If you want to learn this is the place to get educated, read the forums and ask questions as there are a lot of smart people around here who have been through this too.

Good luck and keep us posted.

156

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: January 24, 2015, 11:05:03 PM »

Safest bet is to base it on the date of the letter, that is a known date and will be after any others that may be out there.  Once you hit 3 years from that date you should be in the clear.

157

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: January 22, 2015, 10:17:57 PM »

It does not make you look worse.

158

Getty Images Letter Forum / Re: Sued by Cartoon Stock for One Image On Website - but variation of theirs

« on: January 22, 2015, 10:16:47 PM »

It's only about the money for them.  The odds of them suing for 87 bucks is almost nill.

159

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: January 21, 2015, 11:50:14 PM »

Stinger is correct if by "pulled" you mean the image is hotlink, if it is downloaded to your server then that is a different story.

160

Getty Images Letter Forum / Re: LCS, Gallery Stock

« on: January 07, 2015, 06:28:22 PM »

This is Getty images License Compliance Services probably via Pic-Scout.  Like Stinger said with out know the details it's had to say but the odd are 99% they won't over a single image. 

If you have communicated with them be prepared for 3 years of letters and threats.  Expect to see something from McCormack Legal at some point too.  Read the forums and educate yourself and then I think your mind will be at ease.

161

Getty Images Letter Forum / Re: How many times has Getty actually sued anyone?? More than 5 in Fla?

« on: January 03, 2015, 06:37:43 PM »

That is certainly an option, I would keep reading and educate yourself especially if you decide at some point to contact them.

162

Getty Images Letter Forum / Re: Client Received Letter, now what?

« on: December 21, 2014, 02:32:57 PM »

Welcome to the forum and the wonderful world of Copyright Extortion. Continue to read and educate yourself.  The only way to insulate your client so they are not bothered is for you to have an attorney send a letter to Getty.  Then they can no longer contact your client. Our legal advisor Oscar Michelen has a defense letter program that works extremely well in cases like this. 

Your other options are to pay the full amount yourself

Write to Getty yourself but if you do not pay the amount they are asking they will start sending letters to your client.

Retain an attorney or use Oscar's program.

Have your client do one of the steps above.

I would educate yourself first before contacting them if you chose that route.  Read the forums and ask questions.

Good luck and keep us posted.

163

Getty Images Letter Forum / Re: The Sony Pictures Hacking Crisis as it relates to ELI

« on: December 19, 2014, 12:06:36 PM »

Excellent points and well said Matthew.

164

Getty Images Letter Forum / Re: Masterfile letter received

« on: December 18, 2014, 06:45:49 PM »

Again, I need more information before I can offer an opinion.  IF you want to negotiate I would educate yourself first, especially with MasterFile.  I would conduct all communication via postal mail.  I did mine certified so I could prove it was received and who got it.

I also recently received a letter from MF.  It appears one of their images was used accidentally on a business website.  The image was immediately removed of course.  If I am risk adverse, what is the best way to try and negotiate down the amount.  Phone call?  Only letters?

165

Getty Images Letter Forum / Re: Masterfile letter received

« on: December 18, 2014, 03:19:05 PM »

Masterfile is somewhat different from Getty in that they usually have their ducks in a row.  While it is rare for a company to file over one image it has been done.  I would need more information before venturing an opinion.

I assume this was for a single image.  Did they include a screen capture of the image and if so what was it of?  Where was the image obtained.  I know you currently do not know the answers to these questions but they would be helpful in offering an opinion.