Messages

1951

Getty Images Letter Forum / Re: My Getty "experience" is over

« on: October 14, 2011, 08:18:16 PM »

This is a seriously awesome post. I agree with Buddhapi on doing your homework.  Put on your thinking caps and analyze the situation.  Don't just go dark and ignore.

Too many people want to play ignorant and hope it goes away by itself.  In you case, you dealt with this head-on with intelligence and you got a great result.

You should be proud of yourself for successfully navigating your way through this.

People want a success story?  Well, you generously provided one for our community.  Thanks so much.

Matthew

1952

Getty Images Letter Forum / Re: What is response to Mr. Michelen's letter?

« on: October 14, 2011, 05:56:34 PM »

Once it gets to Oscar, each individual case goes confidential unless the letter recipient decides to share their story.

All settlements are non-disclosure.  The unsettled cases remain pending or in limbo subject to what Getty wants to do next.

Matthew

1953

Getty Images Letter Forum / Re: Getty Images gets a taste of its own medicine

« on: October 14, 2011, 01:55:11 PM »

Whoa, what a concept. I know Coca-Cola can be protective of their trademark but I wonder if they have a record of actually enforcing copyrights through litigation. If they do, there could be mind-blowing consequences against Getty.

I bet they are going to relook at all of their photos again.

Matthew

Perhaps a quick email to the legal depts. of other well known companies, bringing this to their attention is in order... Getty's library has plenty of images showing other trademarks, logo, etc... I wonder how Happy Coca Cola would be to know that Getty accepts images containing their logo, then sells the images??

1954

Getty Images Letter Forum / Re: Getty Images gets a taste of its own medicine

« on: October 14, 2011, 02:18:48 AM »

Here is the complaint on Scribd.  Quite long to go through.

http://www.scribd.com/doc/67629206/Decision-Tree-Freshner-Getty

Matthew

1955

Getty Images Letter Forum / Re: Getty ( מראות אימג ) in Israel גטי תביעה משפטית מראות אימ•

« on: October 13, 2011, 12:09:38 AM »

Scraggy,

This is insightful information you have provided from Israel. We appreciate you sharing.

This is the power of the online mindshare at work where the collective members learn from one another.

Also, thanks for being one of the few willing to "come out" and revealing your true identity.

Matthew

1956

Getty Images Letter Forum / Re: Requesting registration proof in advance

« on: October 12, 2011, 07:29:26 PM »

As most lawyers do, Oscar will not necessarily contact you unless he needs your direct response or decision. There may be some back and forth but not every shred of communication will be run through you.  That is why you hire someone to represent you. If you don't trust that the lawyer will represent your best interests, you shouldn't hire them. 

At some point, Oscar will advise you if and when the case to a critical milestone or point.

Matthew

1957

Getty Images Letter Forum / Getty Images gets a taste of its own medicine

« on: October 12, 2011, 07:24:15 PM »

Oscar Michelen wrote a blog post regarding Getty Images getting a taste of its own medicine.

http://www.courtroomstrategy.com/2011/10/makers-of-pine-tree-deodorizers-allowed-to-proceed-with-lawsuit-against-getty-images/

Here is the complaint on Scribd.

http://www.scribd.com/doc/67629206/Decision-Tree-Freshner-Getty

Enjoy.

Matthew

1958

Getty Images Letter Forum / Re: I found this rather amusing

« on: October 11, 2011, 09:07:04 PM »

Just a tad cynical, are we?  LOL.

They want to put a "positive" spin on what they are doing in a dying industry.

Matthew

1959

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: October 11, 2011, 09:03:48 PM »

I agree with buddhapi.  Ignoring merely motivates them to escalate the matter. You also help their case in jacking up what they ask for because a case could be made that it will cost more to escalate the matter to an outside attorney.

I would also not agree to pay that exorbitant amount. Your client being fearful is no excuse for not getting educated in this matter.  Their ignorance and lack of spine is forcing you to pay out the nose when, in reality, if you handle it correctly, could go away.

If you must split expenses, I would split Oscar's Letter Program fee.

Matthew

1960

Getty Images Letter Forum / Re: Contact information for Getty Deputy Legal Council

« on: October 10, 2011, 10:03:48 PM »

I have always said before that my websites would never win any design awards.  And that is more true now than ever because I have taken the extreme tact of using only my photos, photos in public domain, or those that actually want publicity.  I tend to gravitate to self-created graphics when possible.

I know people will think I have an extreme reaction but I have personally boycotted the entire stock photo industry and invested in my own camera, camcorder, and software to create my own content. In fact, I wrong a long article on this over a year go about this.

I have also grown tired of the majority of professional photographers I have encountered in years past and their approach to business.  Given all this, I want no part of it.

And yes, Google has been quite kind to the ELI website as we continue to focus on providing solid, high-quality informational content and commentary. I love Google much. They have made so much of what I do in business much more successful than I could have ever done on my own.

Matthew

1961

Getty Images Letter Forum / Re: Has anyone ever tried to negotiate with the artist directly?

« on: October 10, 2011, 09:54:48 PM »

Contacting the photographer is something I never got to do since Getty had backed off but I did make it clear to Getty that I found the guy on the Internet and had intended to contact him.  Of course, it could have gone either way but I figured it would not hurt to see if the artist was sympathetic to innocent infringement.  I think it is worthwhile if things get serious. But most times, the photographer has no direct power to tell Getty to back off. Having said that, Getty has no incentive to upset any of its photographers either.

Matthew

1962

Getty Images Letter Forum / Re: Another infringer and action I took with Getty

« on: October 10, 2011, 09:51:36 PM »

Akeia,

I am glad you feel the time you spent with our videos helped you and eased your mind. Contrary to what some people believe, these thank you's helps our morale also.  :-)

Thanks for sharing your story and getting educated for yourself.

Matthew

1963

Getty Images Letter Forum / Re: Has anyone thought of publishing a list of those who support Getty?

« on: October 10, 2011, 09:48:01 PM »

There are a couple of options here for you.

You can begin your project here since you have a built-in platform and readership of 10,000+ unique visitors per month and try some of your ideas out. Then you can bring over that same content to your website. If you don't feel comfortable with that, you can simply start it and just go with it and see how it organically grows.

When I launched ELI over 3 years ago, I did not necessarily think about how many people would ultimately be impacted and helped. I just knew in my heart that it was the right thing to do as a response against the whole stock photo extortion letter thing.  People needed to be educated so solid information and research was needed to be collected. I knew I had to be transparent by revealing my identity and case if I wanted to attract credibility, allies, and supporters. What I did was mutually-serving.

Some of these basic precepts is what made ELI what it is today.  Let me be clear, I may have started ELI but there was no way in heck it would have gone anywhere without the people who would eventually come.  I would be severely remiss if I didn't mention Oscar.  We were two different people living in two different worlds that was brought together by intrigue of a single mission.  We were also fascinated (sort of sick, I know. LOL) about how big the Getty Images extortion letter scheme was and yet no one attempted to put something meaningful together.  Surprisingly, we were a good fit for each other.  However, before Oscar ever met me, I had to do my part to be credible and transparent to him. I had just enough on ELI and Google to pass Oscar's smell-test of my credibility.

The point I am trying to make is that go launch something, it doesn't hurt.  It only helps the greater cause. Do what you can and let the people who want to step up do so in their own way.  Some offer their time here, some offer financial contributions, some offer their stories, some hire Oscar, some take the information and help themselves which is also fine.  It is one less payor to the extortion letter scheme and that is not a bad thing.

Good luck.

Matthew Chan

1964

Getty Images Letter Forum / Re: Fall prey to the fear-based GI letter or choose your power instead

« on: October 10, 2011, 09:33:05 PM »

Akeia,

I think your post is an excellent post and brings out personal, non-legal issues to the forefront in how to deal with the matter.  Certainly, no one likes the unknown or conflict but it is interesting to see how different people respond during the educational process.

Some claim to be too busy to deal with it.  That is fine but don't complain if you remain in the dark.

Some get irrational.  Their survival instinct kicks in and emotion runs high with little intellect to guide it.

Some get ulcers. They fear the unknown, the legal process, and unaccustomed to fighting for themselves. They think themselves powerless.

Some have no spine.  All the education in the world means nothing if you have no ability to stand up for yourself.

Personal power is very much at the heart of how an individual responds.  Some have more than others for a variety of reasons.  Education goes a long way to increasing personal power.  The willingness to stand up for yourself and not someone bully you is another.  Being able to face the possible consequences rationally is another.

I know this may help or only apply to a few people reading this but I did face the possible "realistic" consequences of fighting my case in court pro se and at the end of the day, I could live with putting in the time and effort into it.  I also calculated that anything they could win from me would NOT be "off the charts" as they would have you believe.  I believe that most judges are rational especially in a Goliath vs. David case (which I clearly was).  I knew they would open themselves up to a counter-suit which I could exercise. I also knew about the publicity factor I could generate on this case.  I also factored in the educational experience I would gain by going through it. And it was a fight I truly believe in.  And even if I lost, collecting would also be another matter.  There are a couple of other "secret" tactics I had in my back pocket (that I won't reveal).  Astute readers might pick up on that.  One hint: "scorched earth".

Anyhow, personal power is very much at the core of this case. Whether people believe it or not, they have way more power than they think regarding the Getty Image letters.

Matthew Chan

1965

Getty Images Letter Forum / Re: Does copyright infringement have a time limit?

« on: October 10, 2011, 09:16:29 PM »

Quite honestly, I never thought much of the Statute of Limitations until it was brought to my attention many months ago.  I guess I fit the profile as being one of the most visible letter recipients who has passed the 3-year mark.  But my strategy was not to "ignore" the letters.  I responded appropriately as the communications came each time.

The people who have the most to worry about from being hit from "out of the blue" are the people who choose to ignore it.  It automatically forces them to escalate the issue to a 3rd-party as it seems to be the case by other people who have reported in.

I believe it also matters HOW you respond, what you write, and how they view you as whether you were an innocent infringer, how many images you have, and whether you are an easy target.

Unfortunately, most letter recipients have too little experience, knowledge, or a spine to make a satisfactory response to get them to back off. However, there are many who have gotten educated and breathed huge relief when they realize they had options and that there was nothing special about their case.

Matthew