Messages

211

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

« on: October 20, 2014, 10:32:53 PM »

Also I would recommend that any offer (without admitting guilt) of any kind be contingent on Getty providing proof of:

1) They image is properly registered.
2) They have the exclusive rights to the image.
3) They provide a signed agreement showing the owner of the work has given Getty the right to collect monies on behalf of the artist.
4) Show sales for the last 24 months on the image justifying the amount they are requesting

As far as starting threads it all depends on what you want to do, if you want to fight it yourself (my personal choice) I will direct you to a thread outlining what I did to get Getty to leave me alone. I got them to stop bothering me within 3 months of my first letter and I have never heard from them again.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

212

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

« on: October 20, 2014, 04:22:08 PM »

Stinger is spot on, also make sure if you do decide to counter-offer or communicate with them you do it through postal mail and not e-mail.  Also make sure you have educated yourself before you communicate with them if you decide to go that route.

213

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

« on: October 16, 2014, 03:19:29 PM »

Since you brought up McCormack, people seriously need to "get to know" him better. I have a 9-minute video for recipients of McCormack letters to watch ...

http://www.extortionletterinfo.com/forum/mccormack-letter-forum/timothy-b-mccormack-tries-to-shut-matthew-chan-down-in-court!/

After watching Mr. McCormack's performance in person before the Georgia Supreme court I might want to debate you on this point.

Agreed, but if they really want to put MR. McCormack's performance in perspective they should watch the whole session so they can get a feel of how it should be done when Oscar and Mr. Volokh present their arguments. 

http://defiantly.net/chan-v-ellis-georgia-supreme-court-oral-argument-videos/

214

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

« on: October 16, 2014, 08:34:24 AM »

I recently wrote a paper pointing out to those within the legal community that ELI (with very few exceptions) is a community of underdog, underfunded, under-trained non-lawyers whom engage in LEGAL (vs. illegal) non-legal tactics and discussions, facing off against much larger, superior-funded, legally-trained adversaries that are heavily reliant on non-lawyers' legal ignorance and lack of legal education.

After watching Mr. McCormack's performance in person before the Georgia Supreme court I might want to debate you on this point.

215

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

« on: October 15, 2014, 03:28:58 PM »

I concur with Robert, Jerry's advice is spot on.

216

Getty Images Letter Forum / Re: I Want to Sign Up for the Oscar Defensive Letter Program - Where?

« on: October 14, 2014, 03:24:27 PM »

The size was what I consider a thumbnail, the letter demanded just under $700.00 and on the Photographers site he is selling it for less than $60.00. Extortion? Maybe, maybe not. Vastly over valued? Definitely.

The cost is not the only reason we call it legalized extortion.  Getty has the right to ask anything they want, doesn't mean a court would agree and most likely not.  Try telling them you want to negotiate a fair settlement and ask for proof they hold rights to the image.  You will be met with a response saying proof will only be provided when you they sue you now pay or we'll sue you.  Their tactics are heavy handed and threatening, they demand you provide proof you have a license yet refuse to provide proof they have a legal right to collect on behalf of the artist.

217

Getty Images Letter Forum / Re: Protecting Assets in face of possible pro-Getty judgement

« on: October 14, 2014, 03:15:48 PM »

Great nuggets and advice Matthew!

218

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

« on: October 13, 2014, 04:44:14 PM »

If you use Oscar he would be more aware of your case than anyone here.  I would say your choices are to listen to Oscar, have him try and negotiate a settlement, try and negotiate  one yourself or try and ignore it and hope they don't file anything in the year you have left on your SOL.

219

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

« on: October 11, 2014, 04:27:42 PM »

First, you mean you received a extortion settlement demand letter not that you have actually been sued, correct?  There is a world of difference and the opinions on how to proceed we provide would be completely different.  The letters are designed to look like there is an eminent lawsuit to instill fear in you and get you to pay.

Second, Getty uses a program called Pic-Scout to scour the net and find images.  It may take awhile after an image is found for a letter to be sent.  Unless the image was behind a password protected area then Pic-Scout could find it. So it is not unreasonable to get a letter over such an image.

If you have just received a letter and are not being sued you have 3 options.  I suggest as Stinger says to read and get educated before attempting ANY sort of communication with them.

Option 1: 
Do nothing.  Many favor this option and may be the best if you have little stomach for confrontation or dealing directly with Getty and/or McCormack IP Law.

Option 2:
Fight it yourself.  This is my personal choice but it is not right for everyone.  There is a detailed thread called "An Experiment Against Getty" that documents everything I did to make Getty go away.  I have not heard from them again since filing my complaints against them. You must follow through if you choose this route.


Option 3:
See legal help.  Whether it by a competent local copyright attorney or Oscar's defense letter program. If going the local route make sure the person is well versed in copyright and IP law.  You wouldn't go to your general practitioner doctor for heart surgery, you would go to someone who specializes in it and the same holds true for this.

This is also an option if you do not want to be contacted by Getty anymore, once you have council they may no longer contact you.

Those are your options, now it's up to you to read and get educated and ask questions when you don't understand something.  Please keep up posted.

220

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

« on: October 02, 2014, 09:46:23 PM »

Robert is giving you good advice.

I filed complaints with the Attorney General, BBB, FTC, my Congressman and Senator and never heard a peep again after that.  If you do engage them make sure you know what you are doing before hand or as Robert says you may do or say something that could hurt your case.

221

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

« on: October 01, 2014, 05:40:44 PM »

Mistaken or mistaken because they were caught???

222

Getty Images Letter Forum / Re: Canadian Masterfile (MasterFAIL) files new lawsuit on September 11, 2014!

« on: October 01, 2014, 05:39:38 PM »

Here are all the active lawsuits I see currently in Pacer for Masterfile.

https://www.scribd.com/doc/241632781/Masterfile-v-Law-Office-of-Jerry-Joseph-Complaint

https://www.scribd.com/doc/241633159/Masterfile-v-Hoover-Financial-Complaint

https://www.scribd.com/doc/241633158/Masterfile-v-Lifecare-Chiropractic-Complaint

https://www.scribd.com/doc/241633157/Masterfile-v-Erik-Scott-and-Kay-Scott-Complaint

223

Getty Images Letter Forum / Re: Masterfile case and a dead defendant

« on: October 01, 2014, 05:15:52 PM »

I would be very interested in learning more about this case as well.  Thanks for the info Matthew and please keep us posted!

224

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

« on: September 28, 2014, 11:32:41 PM »

Amen.

And also when they present the list of items for discovery too.

I can't wait for the day that Joel or Oscar get to turn to the attorney representing Getty and say the magic words:

"I look forward to deposing your client"

225

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

« on: September 26, 2014, 11:43:58 PM »

Wish I could be there to see that.

A familiar name has popped up on the updated docket.

http://www.scribd.com/doc/239559043/Schneider-Rothman-v-Getty-Images-Docket

Scott "Towels" Wilsdon has filed his notice of appearance on behalf of Getty Images.

It looks like Scottie wants to face off against Oscar again! This is going to get interesting.

I believe Getty will try to bribe their way out of this one to avoid the discovery process. If the money is high enough, I wouldn't blame Schneider Rothman from banking it if it comes to that.  Karmic justice for Getty who ends up paying out for an extortion letter they should never have sent out!

$100,000 to settle out sounds pretty good to me.  A nice round number.