Messages

196

Getty Images Letter Forum / Re: New extorting company: August

« on: November 07, 2014, 03:43:49 PM »

Again, you need to step back take a breath and get educated.  Leaping to conclusions like "I'm screwed" is not helping you.  Most all answers can be found here for those who look, read and learn.

197

Getty Images Letter Forum / Re: New extorting company: August

« on: November 05, 2014, 02:44:48 PM »

I looked at the image you provided.  Images with people are more problematic as there are model releases involved.  I would definitely get educated before taking any further action.

Stay away from the "Free Image" sites, you will be asking to get another letter if you do. 

198

Getty Images Letter Forum / Re: New extorting company: August

« on: November 04, 2014, 11:46:33 PM »

please.  You actually had the photo on your site or was it hot linked?

199

Getty Images Letter Forum / Re: New extorting company: August

« on: November 04, 2014, 10:50:29 PM »

The address is the same as Getty Images.  If this is not a part of Getty they may be trying to collect on behalf of August since it was discovered through Pic-Scout which is owned by Getty.  The phone number is Pic-Scout's phone number.

Copyright exists from the moment the picture is taken, watermarks are not required to be on the photo either.  I would not contact them until you educate yourself or you may say something to harm your case. 

I am not aware of August, perhaps you could provide some additional information.  What was the picture of (a tree, a person a celebrity).  Start reading the forums as there is a ton of good information here and I will do a little digging and see what I can find out about August.

200

Getty Images Letter Forum / Re: Blog Post Extortion Letter

« on: November 01, 2014, 03:38:12 PM »

I suggest you do both, a friendly professional letter but also request proof and any settlement of any kind will not be negotiated or paid without said proof of claim.  My first letters were like this until I realized that it didn't matter what I said or how reasonable I tried to be they did not care about anything but the money.  They were not going to send proof, justify the amount or do anything except threat to sue me and that is when my tone started to change in my letters.  I was still professional and did not insult or name call but let it be know I was done and here are your choices.  I outlined exactly what I was going to do if they continued to harass me and sent a rough draft of a complaint letter I intended to file, they called my bluff and the rest is history.

I would need to know more about your case to give any specific opinions but based on your question that is how I would proceed.

Welcome to the forum and keep us posted.

201

UK Getty Images Letter Forum / Re: Anyone else had letter from Science photo library?

« on: October 30, 2014, 09:25:18 PM »

I second Stinger's comment, good job and you handled it very well.

202

Getty Images Letter Forum / Re: Garden World Images letter

« on: October 26, 2014, 09:18:36 PM »

Listen to Robert and Stinger, their advice is sound.

203

Getty Images Letter Forum / Re: Advice on Demand Letter

« on: October 24, 2014, 04:41:35 PM »

Are Sunspots and Signatours the same?  I noticed in some of the filings the copyright hold was listed as Sunspot.  If they are not the same Sunspot would have had to transfer all rights to the images to Signatours.

204

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

« on: October 23, 2014, 07:34:56 PM »

Well damn, I hope it at least makes Getty think twice about who they pick on.

205

Getty Images Letter Forum / Re: Advice on Demand Letter

« on: October 23, 2014, 10:18:11 AM »

Here are the 6 lawsuits, I have uploaded them to my Scribd account.

https://www.scribd.com/collections/6615955/Signatours-Lawsuits

206

Getty Images Letter Forum / Re: Advice on Demand Letter

« on: October 23, 2014, 08:44:00 AM »

Welcome to the forum and the wonderful world of settlement demand letters. I have to admit that I have not heard of any letters from signatories Corporation or sunspot. I have looked in pacer and found the six cases you are referring to and them in the process of downloading them and making them available.

Since these people do appear to be filing lawsuits and if you say you are among those they are targeting I would recommend getting a lawyer. You may wish to consider contacting Oscar as I do not think there are any out there with more experience when it comes to handling settlement demand letters and these type of cases.

I will post the cases for you to view shortly

207

Getty Images Letter Forum / Re: From letters to lawsuits (albeit unlikely)-general timeline??

« on: October 22, 2014, 12:02:02 AM »

Thanx Greg- Have a home business, w/e-newsletter.  3 images were involved, which were quickly removed.  They originally wanted 1200- but now w/McCormack they're up to 2200. Our newsletter goes out weekly and is content driven- the image likely had zero effect on sales. I also live in Florida.

 Thanks, that helps a bit, where did they come from and how were they used? (in ads, as part of a story etc.)

208

Getty Images Letter Forum / Re: From letters to lawsuits (albeit unlikely)-general timeline??

« on: October 21, 2014, 11:06:36 PM »

They have 3 years from the date of your first letter to file a suit.  Since you have not shared the details of your case I don't think anyone can answer your question without more info (how many images, where did it come from, what was it of, how was it used etc.) other than to say if you are like most you have a better chance of getting hit by lightning than Getty suing you.

Provide more info and I can give a better opinion.

209

Getty Images Letter Forum / Re: Gigaom writes about Getty Images

« on: October 21, 2014, 11:00:39 PM »

Oh and I'll reiterate his advice:
"(His advice for letter recipients is to open negotiations with Getty by explaining it was a good faith mistake and offering to take down the offending image.)"

Sure...just explain that it was a good faith mistake and it will only cost a "few hundred dollars" verses a COUPLE GRAND!

Right O'!

I don't know but he sounds like a Getty lawyer, how many lawyers advise their clients to admit guilt.  He also doesn't mention (or at least the article didn't print it if he did) that the vast majority of the cases are innocent infringements.

210

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: October 20, 2014, 10:58:12 PM »

An update on the Freedom of Information Act Request I have in with the SEC in regards to the investigation of CEO Jonathan Klein and top officer backdating stock options when the complaint was public.  I heard from the SEC last week and I am still on the waiting list.  They did say at the outset it could take up to two years to get the reports.  I informed them I am still very much interest in the reports.  I will keep everyone posted as I get updates.