Messages

1936

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: May 12, 2012, 02:58:48 PM »

They provided me a link to the image on the Getty website and stated that this should be all the proof I need of their ownership and rights to the image. 

Well isn't that nice, they provided me with a screenshot of MY site with an image they claimed to own, even tho I have in my possesion the license agreement to use said image.. The only this proves is that the image is on their site, nothing more..stand your ground! and KeepFighting!!

1937

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 12, 2012, 02:06:44 PM »

The problem with their response is very simple, just because it's on their site means nothing, nada, zilch!. we've already had one user that contacted the artist, and the artist was no longer doing business with Getty, yet Getty tried to extort money from this hapless victim. They continue to state they will show proof at discovery, which just means they have no proof and they are hoping to just get paid..

1938

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 06:21:33 PM »

Generally speaking the "Registrant" name on the domain is the "owner" of the site.. what I do since I handle many domains for clients is use their comapny name as the registrant, my name and company name as the administrative and technical contact, therby making them the "owner", but I still have control over the domain.

As far as connecting the 2 , I guess it would depend on the what the site contains, if it contains the company name, then yes they can be connected ( obviously).. Getty may get tired of dealing with one or the other and switch targets as well

1939

Getty Images Letter Forum / Re: My Story

« on: May 11, 2012, 05:53:04 PM »

Good discussion here!

@ Moe - I have had several clients get letters ( no doing of mine as developer) and I simply gave them a hosting credit and had them hire Oscar, so it did not "cost" them anything, and I come off as being honest, reputable and willing to go to any lenght for my clients. ( Which I might add I am in every respect). You are correct this "designer" will not go or last long in this business.. I have also adjusted my contract accordingly in regards to copyright issues, as well as I always explain to new client what is going on so they are aware of the pitfalls...

@Mulligan - thanx for the image! 

1940

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 05:29:22 PM »

If the LLC is closing down shortly, might as well wait it out, I would probably edit the domain info to reflect your name and the LLC, once the LLC is gone they are dead in the water, and being it's an LLC they can't come after your personal assets. This may not get them off your back, but they could sue a company that doesn't exist, at which time I would let them know that if they continue to badger you , you will have no choice to take action and file complaint with the State Attorney General, and you get a letter from their attorney McCormack you can also complain to the bar assc....depends on how far you want to go with it..

1941

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 05:12:24 PM »

Thats the problem with "FREE template sites, no one know where anything came from and if in fact the creative commons license even matters.. so a couple of question, so I can better give you answers..

was the letter addressed to you or your LLC ( I'm assuming it was addressed to you)
Is the domain name registered with your name or the name of the LLC? ( I will also assume it has your name on it)

If my assumptions are correct, then replying from the company will serve no purpose as you own the domain, so it's your site.

They will continue to hound you if you ignore, or if you respond to it. Bottom line is they want your money. Eventually it will go the route of many others, couple of letters from Getty Images, then escalted to NCS Recovery ( which you will then need to spend time throwing it back to Getty), then letters ( not so nice ones ) will come from Timothy McCormack and they will probably demand more at that point.. Same story different recipient, they will not go away unless you can show then an invoice and license to use the image. If you can't deal with, or have the stomach to deal with this for the next 3 years, hire Oscar, they are then bound by law to contact only him, and will not bother you anymore..

1942

Getty Images Letter Forum / Re: Need some advise!!!

« on: May 11, 2012, 04:51:29 PM »

Spend some time reading thru the forums, all of the answers are provided, you just have to look for them, we've been down this road too many times to count, rest assured you're not alone..you might want to start here:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/fair-debt-collection-practices-act-(eli-highlights)/

If you find you don't have the time to find the answers, you can make a contribution to the site and get a consultation call with Matt, for a down and dirty, quick lesson..

1943

Getty Images Letter Forum / Re: My Story

« on: May 11, 2012, 04:29:30 PM »

There is my smile for the day. Thank you Mulligan!
 

And I was thinking I was responsible for that... 

1944

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 03:05:36 PM »

Thats to bad, he settled...for what it's worth and I don't really care, you can share that info, because it was "he" that signed the agreement not you...they reallylike to try to cover their tracks..if it were me ( I would never settle) and was going to settled I would never sign a confidentiality agreement, as I want to share with the world..

Yes, I do understand the difference between "watching" and using bit torrent.
As for my my husband's issue (now ex-husband), he settled it down with McDougal of Masterfile. I cannot give the details of settlement though, as he signed the confidentiality agreement upon settlement.

1945

Getty Images Letter Forum / Re: My Story

« on: May 11, 2012, 02:51:06 PM »

If you don't have the time /stomach for the back and forth with getty, the collection agency they will eventually send it to , and Mr Personality Timothy McCormack ( who is Getty's outside lawyer troll)....Get on with Oscars program and be done with it.

1946

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 01:28:55 PM »

BTW what was your husbands outcome with Masterfile? Just curious...

1947

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 01:28:03 PM »

don't confuse "watching" something online, which may or may not be cached, with "downloading" a movie or something from a bit-torrent site, 2 completely separate beasties

1948

Getty Images Letter Forum / Re: Notification of Case Escalation

« on: May 11, 2012, 12:00:32 PM »

Theres also an example of this concerning VK Tylor being upset someone painted one of his photos and was selling the painting without permission:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/vincent-k-tylor-tuesday!/..

In most cases I think fair use would come into play, with this Tylor sample it is pretty clear, that it was a copy of the original, which is a slippery slope...now if the artist was to use the flower itself as the subject, with a different composition / background, there would be an issue..after all it's a friggin flower, I have them in my backyard, and TYlor couldn't claim copyright..

1949

Getty Images Letter Forum / Check out our NEW green button!

« on: May 11, 2012, 11:27:02 AM »

Doesn't it just look inviting, go ahead click on that bad boy,  you know you want to, just to see what happens!

1950

Hawaiian Letters & Lawsuits Forum / Re: HAN/VKT question

« on: May 11, 2012, 09:47:09 AM »

I agree, and these frims probably get a percentage of the claimed demand from those that roll over and pay, it's just a matter of time when they will come knocking on the wrong door and the recipient decides to fight back and file a counter suit, I'd bet money that HAN would be looking to bail rather quickly as opposed to seeing it thru, as it would cost them, remember they are looking to make a quick buck by scaring people into paying. They are playing the odds, that most people when faced with litigation, they will settle before it even goes to court...

Maybe an article with a headline titled:

"Well respected, politically motivated Ft. Lauderdale law firm Conrad-Scherer jumps into copyright trolling business!"

would be worthwhile...