Messages

181

Getty Images Letter Forum / Re: Price of Photo and Demand Amount $186 different. Just pay or fight?

« on: October 20, 2014, 05:37:19 PM »

There are some on this board who would argue that Getty makes photos readily available to be used, without proper controls in place to warn people that the images are subject to copyright.  Then when a photo has been spread around enough times, they move it to their Rights Managed collection and charge an inordinately high price, not caring that no one will license it.  They make anywhere from 10 to 100x as much on their trolling activities.

Experience tells us that they will not give you the sales history for the photo in question to help negotiate a settlement.  They will claim to only make that available in court - though they rarely sue over something so small.

182

Getty Images Letter Forum / Re: Price of Photo and Demand Amount $186 different. Just pay or fight?

« on: October 20, 2014, 03:50:40 PM »

Darrell, only you can decide if it is worth fighting.  The statute of limitations is 3 years from the day they discover the infraction.  Our past experience indicates they will make more than one run at you.  You can:

• ignore it for 3 years and hope they let it slide
• make them a counter offer being careful not to admit guilt
• choose to fight it.

Whatever you do, you should take the infringing photo (and any other potentially infringing photos) down immediately in any case.  There is lots of information on this site about your options.  My suggestion is to do nothing rashly.  Get educated, make up your mind on what you want to do, and do it.

183

Getty Images Letter Forum / Re: My case could not be solved, even after trying Oscar Defensive Letter Program

« on: October 16, 2014, 02:10:15 PM »

Well said, Greg.

184

Getty Images Letter Forum / Re: what are my options?

« on: October 12, 2014, 09:35:15 AM »

I would NOT correspond with them via email.  It is too easy for either party to claim they never received an important communication.  Spam filters and such sometimes grab these things.  Your first email communication did let them know that they found you.

All my correspondence was via registered mail.  This leaves me with a solid written record of all that was said in case it should ever get in front of a judge.  And I often waited till the last minute to send my response.  Legally the statute of limitations gives them 3 years from the moment they discover the incident to collect.  Why help them by being prompt?

Robert is right, there is no confidentiality without both parties written consent.  Your willingness to publicize their every move might slow them down a bit.

Keep getting educated.  Time is your ally

185

Getty Images Letter Forum / Re: what are my options?

« on: October 11, 2014, 12:19:16 PM »

jarin4all,  First calm down.  Don't react emotionally to any of this.  Chances are they will not sue. 

First, get educated.  There is lots of information on this site to help you calculate your chances of being sued. 

Make sure you have taken down all images that you may not have a valid license to.

Read all that you can about whoever is coming after you, before planning your strategy.  Unfortunately, there are no easy answers but lots of options.  The option you choose should be based on what you prefer as well as the particulars of your situation.

Step away.  Breathe.  Come back, Get more educated.  In a week or two, you will feel better that the world is not going to cave in.  If you want comments on your specific situation, you should post as many specifics as you can.  In the end, you will need to make the best decision for yourself.

186

ELI Responses: Media Coverage of Chan v. Ellis Case / Re: Oral Argument video for Chan v. Ellis Posted by Georgia Supreme Court

« on: October 10, 2014, 08:54:19 AM »

Well said, Matt.

187

ELI Responses: Media Coverage of Chan v. Ellis Case / Re: Oral Argument video for Chan v. Ellis Posted by Georgia Supreme Court

« on: October 09, 2014, 06:41:24 PM »

Fingers and toes crossed, Peeved.

188

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: October 03, 2014, 07:52:49 AM »

My thought is that if your images were hot linked, copyright status shouldn't matter.

Bar complaint wise, you have to direct your complaint appropriately or it will be dismissed.  On my first attempt, I stayed high level and the bar came back and said that without additional info from me in 30 days, they would dismiss the complaint outright because they felt the attorney was only advocating for her client.  I had to prove that she violated the WA state Supreme court code of conduct.

I googled and scanned the code.  It was easy to see that extortion violated the code. I wrote back, again somewhat high level, explaining the extortion.  She got an attorney to write a very detailed response saying she was only "advocating for her client".  They ruled for her without giving me an opportunity to respond.

If they come at me again,my next bar complaint will be extremely detailed.  It will show a pattern of behavior against multiple clients that constitutes extortion.

189

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: October 02, 2014, 08:10:56 PM »

I like Roberts recommendation.  Too often these trolls don't really car what you say.  Your response tells them they have a live one.  They will only listen for things that allow them to prey on your, or your relatives, conscience.

I filed a bar complaint that required the troll attorney to get another attorney to respond on her behalf.  I have heard nothing from them since.

190

Legal Controversies Forum / Re: Nashville - $125 just to take pictures in public parks

« on: September 30, 2014, 12:30:52 PM »

That does seem WRONG!

191

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: September 29, 2014, 08:55:37 PM »

Lucia and Oscars posts will give you the reasoning why hot linking shouldn't worry you.

192

Getty Images Letter Forum / Re: Received Email From Sanders Law Firm Suspected Copyright Violation

« on: September 29, 2014, 08:53:57 PM »

Like Jerry says, pretend your spam filter intercepted it, and pay it no mind.

193

Getty Images Letter Forum / Re: Schneider Rothman IP Law v. Getty Images & Zemanta Lawsuit

« on: September 26, 2014, 09:46:31 PM »

So what do the lawyers think?  Should this doctrine apply?  I hope not as it justifies some very bad behaviors.

I can't wait to see the real answer to this one.

194

Getty Images Letter Forum / Re: CFAA Violation, TERMS of USE, Htacess Blocks

« on: September 17, 2014, 03:48:55 PM »

PhDoc, I like the way you think!

195

Getty Images Letter Forum / Re: Letter on image now available for embedding and unsolicited email?

« on: September 17, 2014, 03:41:54 PM »

In any event, I would not correspond with them via email.  Just because they have your personal email, does not mean they know if you check it or not.  I does not mean that they have any idea if you have spam filters or other blockers that might prevent their email from getting to you.

Once you respond to their email, they know that it is a valid way to communicate with you and they can turn up the pressure.  Make them work harder and send registered mail.