151
Getty Images Letter Forum / Re: Website Infringement
« on: July 07, 2013, 02:08:19 PM »
Not an infringement, otherwise how would you ever prove an infringement if you couldn't demonstrate the infringement?
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152
Getty Images Letter Forum / Re: Considering my life circumstances, I may just ignore them.
« on: July 07, 2013, 02:06:59 PM »
I agree with Robert that is is highly unlikely they will pursue you in court. Do not communicate with them any further.
153
Getty Images Letter Forum / Re: Image used was part of our Portfolio
« on: July 07, 2013, 02:05:49 PM »
It really all depends on the license you paid for when you licensed the image originally. But the current use is so minimal, part of an ad that is part of your portfolio, that any damages would be miniscule. Getty will not likely pursue this in court.
154
Getty Images Letter Forum / Re: Velvet fist in the iron glove?
« on: July 07, 2013, 02:02:16 PM »
That is indeed a new strategy from Getty though it only really serves to devalue their imagery. How much could these stock photos be worth if they are throwing in five free ones for infringing on one?
155
Getty Images Letter Forum / Re: HOLY #@*&$! Everything's just changed!
« on: July 07, 2013, 02:00:25 PM »
Correct
156
Getty Images Letter Forum / Re: 2nd Getty Demand Letter - Should I Be Worried?
« on: July 07, 2013, 01:59:35 PM »
Its a hell of a program which is why Getty paid $20 Million for it!
157
Getty Images Letter Forum / Re: Getty letter about image included with commercial web design software
« on: July 07, 2013, 01:58:19 PM »
Your or your website designer's change of the image would still be copyright infringement as the right to make derivative works belongs to the copyright holder. I would not stress out very much about the issue as Getty is highly unlikely to target you for lawsuit over this one image. You will hopefully never have to test whether its a fair use or a transformative design.
158
Getty Images Letter Forum / Re: Copyright in Space
« on: June 08, 2013, 10:32:01 PM »
Loved it! Great comment lettered!
159
Getty Images Letter Forum / Re: 77 FR 40268 - Deposit Requirements for ... Databases ... Photographs
« on: June 08, 2013, 10:31:14 PM »
I thought I had discussed this before on this forum, but could not find my previous post. This shows that after analysis of the cases cited, the Copyright Office realizes that the Act requires what the courts said it does. Hopefully the decisions will stand up on appeal.
160
Getty Images Letter Forum / Re: Got the Getty Letter
« on: June 08, 2013, 10:29:04 PM »
What Stinger said.
161
UK Getty Images Letter Forum / Re: SWEDEN: Letter from a law firm recieved!
« on: June 08, 2013, 10:28:19 PM »
The transfer of "just the right to sue" was what undid Righthaven. Getty likely has some internal agreement between its companies and subsidiaries that makes them co-holders of the copyright given to which ever Getty company a photog signs up with. I would certainly demand from the Swedish law firm proof of the right to bring the claim.
162
Getty Images Letter Forum / Re: Received letter saying Im a business
« on: June 08, 2013, 10:20:16 PM »
Thanks for the post - when you discuss Getty on your site, be sure to link back to ELI!
163
Getty Images Letter Forum / Re: Compilation Registration flaw?
« on: June 08, 2013, 10:17:27 PM »
You can read the decision in Chaga v. Masterfile from the link to the Scribd account. But to summarize if the registration is by compilation, unless the person filing the compilation is the copyright owner of all the works of art in the compilation, there is no protection for the individual parts of the compilation. The compilation registration must also include the dates of first publication for all the works in the compilation as well as the authors' names and other identifying info.
164
Getty Images Letter Forum / Re: Has any "photographer" ever posted on ELI that was NOT a lying troll?
« on: June 08, 2013, 09:49:30 PM »
Has any digital image site ever proven the ELI WAS a lying troll?
165
Getty Images Letter Forum / Re: Trollog Defined
« on: June 08, 2013, 09:48:14 PM »
Do not overly engage them. I agree with BuddhaPi.
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