Messages

1831

Getty Images Letter Forum / Re: Got my letter today... UPDATE

« on: May 30, 2012, 06:11:29 PM »

Timothy B McCormacks letters have changed since he started crossing the line and was having complaints filed against him with the Washington State Bar Association, as well as the Washington State Attorney General.

The following is not legal advise in any way shape or form, but given what we know about McCormack Law, if it were me i would be tempted to include in your response, that if Getty nor MCCormack supply you with the requested documentation, that you will indeed file a complaint wit the Stat AG.. Naturally this will piss him off to no end, but it may make him backtrack a little...and theres always the chance they decide to make you the p[oster child, and actually file something., which would be slim.

What's more interesting.

I just finished reading this demand letter by McCormack.
http://www.scribd.com/doc/83405769/Attorney-Timothy-B-McCormack-Settlement-Demand-Letter

^That letter was sent Federal Express and is almost over 4 pages.

My "escalation" letter was mailed regular post mail and only one page, double sided. The front page reminding me I infringed on an image (no copy of image, just vaguely stating, "remember that image? Yea, that one!"). The back side, a payment form.

Any who, I'll be writing my reply letter and will provide you all with any updates.

1832

Getty Images Letter Forum / Re: Got my letter today... UPDATE

« on: May 30, 2012, 06:00:01 PM »

This is typical, we are very well of Timothy B. McCormack and his letters, use the google search option above and your questions will be answered..

1833

Getty Images Letter Forum / Re: Getty Images/Memorial Day Welcome Home surprise...

« on: May 30, 2012, 03:48:44 PM »

Great info MC, within 5 yrs, we'll all be able to hang out a shingle!

No, however if this is a half-inch image on a still of a proposed brochure on a second or third level web page with few visitors, isn't there such a thing as de minimis infringement?

http://www.ivanhoffman.com/infringement2.html

If the use of this image is as minor as described, I would start quoting precedents and essentially tell them to pound sand.

1834

Legal Controversies Forum / Re: Pinterest locked in stalemate with image owners ( Getty Images)

« on: May 30, 2012, 03:03:56 PM »

Another example of great minds thinking alike!

1835

Getty Images Letter Forum / Re: Getty Images Changes Watermark, Tries to Change Image

« on: May 30, 2012, 02:46:21 PM »

I think it's great that they put the artist name on the images, this way folks can just contact the artist, license the image and cut Copyright Troll Getty out of the equation..

1836

Getty Images Letter Forum / Getty Images Changes Watermark, Tries to Change Image

« on: May 30, 2012, 02:00:13 PM »

Earlier this month, Getty images announced that it was changing its iconic watermark on its images. The move marked both a huge shift for Getty Images but, possibly, for watermarking on the Web entirely.

Getty Images, as the largest stock photo provider in the world, has always been at the forefront of image watermarking. It’s previous watermark, which was simply a translucent version of their logo positioned across the center of the image, was probably the most-viewed and most-recognizable watermark anywhere.

However, as Getty Images also came to recognize, it was also one of the most disliked....


"After all, the watermark is just a facelift, the bigger problems lie underneath."

http://www.plagiarismtoday.com/2012/05/30/getty-images-changes-watermark-tries-to-change-image/

1837

Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call

« on: May 30, 2012, 01:44:53 PM »

EVNL, thanx again for sharing this, you have suffered the most of all the letter and experiences I have encountered thus far, but you made it through and can now move onward..Karma will have it's place..Brandon Sand, Vincent K Tylor, his wife and Glen Carner should all be ashamed of themselves, but they are too consumed with making money by preying on hapless victims. It must suck to be morally and ethically bankrupt, what a lowly way to go thru life..

1838

Legal Controversies Forum / Pinterest locked in stalemate with image owners ( Getty Images)

« on: May 30, 2012, 01:18:08 PM »

Image-sharing site Pinterest has been in negotiations for months with photo service Getty. A breakthrough could dispel some of the copyright questions hanging over the hot startup — but one expert says not to hold your breath.

According to Bill Rosenblatt, an engineer and authority on digital rights issues, the two sides are likely in a logjam over how — or if — Pinterest should use Getty’s image detection software, PicScout. Getty acquired PicScout, which tracks images across the Internet, last year for $20 million.

Rosenblatt speculates that Getty wants Pinterest to license the technology....

http://paidcontent.org/2012/05/30/pinterest-locked-in-stalemate-with-image-owners/

1839

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

« on: May 30, 2012, 12:08:44 PM »

Which tells me he won't be sharing much of anything, except trying to make Copyright Services International look like it's not just another copyright trolling business. My apologies if I sound a bit harsh and skeptical, but Glen Carner just by showing up here still gets zero respect from me..perhaps this will change after he does "some splain'in".

I would love to, but he has excused himself from commenting on matters related to the ongoing litigation (see quote below). I find this to be reasonable at this time. I do look forward to reading his comments on this forum.

I look foward to posting on these forums daily and addressing the concerns that have been brought up  on the appropriate thread.  The outcome may not be as glamorous or conspiratorial as expected but there is still plenty of anger and frustration to go around as a result of the current law and how it's utilized by stock photo agencies.  I don't have as much flexibility on the HAN issues but will do my best to contribute as a member of CSI.  Thanks guys and expect more tomorrow.

1840

Getty Images Letter Forum / Re: Copyright Troll and Georgia Attorney Cindy Wan-Hsin Hsu

« on: May 30, 2012, 12:01:14 PM »

I'll volunteer to take time out of my busy schedule to create the new white list!!

Oscar Michelen

I have sent several letters in regards to my content being swiped, and although Glen Carner hasn't found a reliable method to combat this, I've had great results, and I did not need an attorney.. A simple cease and desist has worked every time, did I quote the copyright law? yes I did, did I mention the amounts one could possibly get if a suit was filed?? yes I did, Did I demand any amount of money?? NO I did not...funny as every single one came back with positive results, the content / images were removed and an apology was also sent.. I assuming Glen Carner / Hawaiian Art Network and VK Tylor have no tried the civil, polite and morally correct way to go about this...there's no money to be had using this method..

1841

Getty Images Letter Forum / Re: How is this different from PicScout?

« on: May 30, 2012, 11:09:45 AM »

I'm trying to think of reasonable ways for a website developer to be able to continue a useful workflow without exposing themselves to the trolls.

I guess one practical way to protect oneself during the development stage of a website project is to completely password-protect the directory that the website is in so that only a select group of people, e.g. the clients and designers, can view the project online.

This gives the developer time to research the images well and make the best effort to clear all images (and other content, for that matter) before actually "publishing" the page.

The best protection is, of course, to only use images that are under full licensing and legal control of the responsible parties.

Fully agree with password protecting directories for projects that are under developement.

The only time a developer should have to research any images is if the developer is supplying the images, which doesn't always work, we have seen examples of images being properly licensed by the developer, but the trolls still go after the end user.

What I have done in this regards is to educate my clients on the issues at hand, and I require my clients to supply me with images and content, knowing full well what the issues are. If they then choose to grab images from google, it's not my problem. This is clearly stated in my contract, as well as my hosting policy I also go so far as to include in my contract a "hold harmless" clause, so my clients cannot come back at me for something they supplied to me AFTER it has been explained to them how they should acquire images /content.

You'd be shocked to hear how many of them say "I'll take my chances" or "what are the odds of getting nabbed"...after hearing this a few times is when I added the clause in my contract. Just like here on ELI we can't help everybody, especially those that are thick headed and don't "get it". I always do what in the best interest of my clients, but sometimes you just have to raise your arms in surrender..

1842

Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call

« on: May 30, 2012, 06:36:35 AM »

I don't have as much flexibility on the HAN issues but will do my best to contribute as a member of CSI.  Thanks guys and expect more tomorrow.

Naturally this would be the case now that you have a counter suit thrown back at you..problem is most if not all of our issues are with Hawaiian Art Network and Vincent K Tylor. I like how you state "utilize" the law...more like twisting, bending and distorting the law to fulfill YOUR own selfish needs.

1843

Getty Images Letter Forum / Re: HAN / Copyright Services International Settlement Notification Phone Call

« on: May 29, 2012, 09:13:14 PM »

I recognize that receiving a C & D letter from an attorney who spells out the penalties of copyright infringement can be shocking.  Unfortunately, no other method has shown to be effective in dealing with companies that are using a photographer's images for products and services without paying for it except for legal recourse. 

CSI is moving towards ELI's goal of reducing the shock and stress resulting from the recovery process on behalf of the photographers and agencies we serve.  This may be naive, but hopefully it's successful and amicable resolutions can be worked out without the distress that resulted in the creation of these forums in the first place.

I look forward to representing CSI on these forums.

It's not so much the shock and fear from the letters, it's the amount you and the other copyright trolls demand..how could you possibly demand upwards of $1000.00 for an image thats sells for 10.00 SHIPPED on your site?

You wouldn't care to explain the brothersoft sites with VK Tylors images and being labeled as YOU as the uploader??

No other method has been effective?..well why would it be when you have clearly stated this:
"Recovered revenue now accounts for about 50% of Hawaiian Art Network's income, and artists and photographers are more confident in the security of their intellectual property than ever before."

are you telling us that this is not a business model??

You must understand that MY method helps reduce the amount of infringements you and VK Tylor will see.. I make it a point to tell every client and potential client to not only not "steal" your cheesy images, but I also suggest they never purchase them either.

1844

Getty Images Letter Forum / Glen Carner has been trolling (again)

« on: May 29, 2012, 07:11:53 PM »

We had a new forum visitor today, none other than Glen Carner from Hawaiian Art Network, as seen in the below screen capture.. He was originally posting in this thread, but it appears, he bailed.. Don't know if he thought better of it, or if his balls got to shriveled up..I would think the ELI community would welcome a debate..

http://www.palmbeachdns.com/glen_carner_trolling.jpg

1845

Getty Images Letter Forum / Re: Meltzer-Grant Initial Contact Letter & Settlement Offer Letter

« on: May 29, 2012, 06:11:54 PM »

"Grant and Meltzer knew each other while attending Lewis & Clark, but it was only after they returned to Seattle—Grant to work as in-house counsel with media giant Getty Images and Meltzer to become an international business analyst at Microsoft—"

http://law.lclark.edu/live/news/11748-bringing-innovation-to-the-practice-of-law

The Lewis and Clark law school are surely proud to be putting out such excellent examples of ethical lawyers trolls