Messages

211

Getty Images Letter Forum / Re: OK...got a surprise letter

« on: March 23, 2013, 12:29:17 PM »

I think you can negotiate them down to well below $1,000 based on size of image. If the photo had images of people in it and Getty has model releases it might raise the photos value. 

212

Getty Images Letter Forum / Re: Got the letter...

« on: March 23, 2013, 12:26:50 PM »

Lack of  knowledge of copyright is not a defense to the case but it can reduce the damages you would owe. Take a look at some of the videos that explain the basics of Getty's Program to gain some education about the topic.   

213

Getty Images Letter Forum / Re: Canadian victims... here's an article of interest by the CIPPIC

« on: March 23, 2013, 12:24:59 PM »

You get different rights if the work if "registered." But if I register it in the US, I can't claim its a registered work in a Canada unless I register it in Canada as well. 

214

Getty Images Letter Forum / Re: Letter Received But No Such Image

« on: March 23, 2013, 12:22:05 PM »

If this happened to you then it must be happening to others. Yesterday I heard from someone who got a Getty letter but the Getty image while similar was NOT the image they had on their web page. They are reluctant to share it for fear of retaliation, but I am still trying to get them to send it to me - PicScout slipping?

215

ELI Responses: Media Coverage of Chan v. Ellis Case / Re: Marietta Daily Journal Reader Comment: Gun Threat Against Matthew Chan

« on: March 23, 2013, 12:18:13 PM »

Someone posted the entire The Dash as a comment and I am sure LE sent a DMCA takedown when she saw that. Earlier they had deleted a comment of mine advising the editor that under the decision in Matt's case he could be served with an order of protection for the gun post and the one that followed it which also contained a veiled threat.

216

Getty Images Letter Forum / Re: Getting Getty's Claim Transferred to my company oppose to my client's

« on: March 16, 2013, 01:00:16 PM »

They will not transfer the claim to you, they will insist on dealing with the original letter recipient only .

217

Getty Images Letter Forum / Re: A new tag #gettyflubs

« on: March 16, 2013, 12:58:58 PM »

That's thinking Jerry!

218

Getty Images Letter Forum / Re: information to send or not to send

« on: March 16, 2013, 12:58:14 PM »

I just want to add, that the defendant in those cases could also argue an affirmative defense called laches, meaning that if the holder knew or should have known about it for some specific reason and then sat on the information for a period of time after the statute ran, that they lost the right to bring the claim.  Very hard to prove but just wanted my answer to be complete.   

219

Getty Images Letter Forum / Re: information to send or not to send

« on: March 16, 2013, 12:56:11 PM »

All copyright statutes of limitation usually run from when the copyright holder discovered the infringement, otherwise imagine in the old days (1990)before the internet you could be ripping off an artist for years in California or Idaho and if they were in NY or Florida, they would never find out and the statute would have expired.

220

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: March 16, 2013, 12:52:41 PM »

I would also add this definition of "Extortion" from the Wiki page on the subject:

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences.

I myself have often longed to act metaphorically and this site has given me that ability. Thank you ELI! 

221

Getty Images Letter Forum / Re: A new friend and ELI ally

« on: March 16, 2013, 12:49:24 PM »

All of these sites support our position that ELI is addressing a valid and growing concern in the internet community. We were the first, but we are clearly not the last!

222

Getty Images Letter Forum / Re: Thank you ELI for the resources re: Getty Images Demand Letters

« on: March 16, 2013, 12:47:49 PM »

There's lots of information about the letter defense program all over the site for those who are interested. The letter defense program is meant to help businesses respond to these demand letters through a lawyer therefore requiring the sender to deal with the lawyer and not the letter recipient. That shifts the argument to one of legal analysis instead of just fear of being sued and losing your business. Our letter responds with our legal position on the claim and generally asks for proof of their claim and why they feel the image(s) is worth what they are demanding. We rarely contest liability (except in cases where the proof is clear that no infringement occurred) and always focus on the amount of money being claimed.

223

Getty Images Letter Forum / Re: Looking to purchase stock images???

« on: March 16, 2013, 12:42:51 PM »

Based on that  who knows how many others they own that are not registered to their address

224

Getty Images Letter Forum / Re: Another tale of attempted extortion

« on: March 16, 2013, 12:32:46 PM »

Great detail Rosebud -all this site ever asks for from digital image warehouses (and other copyright trolls) is a reasonable settlement demand and proof of their claim. 

225

Getty Images Letter Forum / Re: Received a letter... No longer own the site

« on: March 16, 2013, 12:30:17 PM »

I think lucia's comments are on point. There has been lots of litigation over when ownership is conferred with websites but the general rule of thumb is whenever the sale or transfer occurs is when the ownership is transferred regardless of when the whois registration is updated. There have been cases to force the registration change, to complain about getting sued after the sale because the registration was not timely changed, etc. There are forums and arbitration systems set up by ICANN to deal with these types of issues as well. When we arrange for the sale of website the agreement always requires the buyer to change the registration within a certain limited period of time or face a liquidated damages payment. Sellers should regularly check to make sure the whois registration was properly changed out of their name.