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Messages - Matthew Chan

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2236
As a follow-up to Oscar' excellent analysis, I have paid for and secured copies of nearly all the documents filed with the court.

While it may be intensive reading for some people, I believe it is important that this information is freely available.  I am not a believer of speculation and hearsay by amateurs (certainly not Oscar here).  I am a big believer of going to the source when possible.  And so, the source will be shown to all which should give both Getty Images, Masterfile, and other similar companies some pause before they actually decide to go forward with their threats.

There are very interesting documents that I believe worth reading that lead up to the final judgment.

Some good stuff are coming.  I will be revealing what the actual copyright registrations look like, the invoice for attorney's fees, the agreements between the photographers and Masterfile, report/recommendations, and the judge's final ruling.

The court documents have now been posted in our Talking Points section of our website!  It is great reading!

2237
Getty Images Letter Forum / Re: Where's Oscar
« on: September 03, 2009, 12:44:34 PM »
Chris,

It appears you are a "victim" of the program's overwhelming success but you are also a victim of bad timing.  He is serving around 200 clients right now just on stock photo cases alone.  It is not necessarily a good excuse but Oscar has told me about what was going on the last couple of months with him.

For half of August he was preparing to leave town and came down to see me in ATL for a few days, then immediately afterward, he went on vacation with family for a week, and now he is back dealing with a lot of catch-up issues.  That month prior he was highly involved with some time-intensive court cases.

Again, not necessarily good excuses but I assure you Oscar is not ignoring you or anyone else.  Oscar has popped into the forum  a couple of times to answer so he is around.

I will contact Oscar on your behalf and see why your case has slipped through the cracks.

MatthewC

2238
Getty Images Letter Forum / Re: Is this sound legal advice?
« on: September 02, 2009, 01:26:00 PM »
ScoopsDad,

I would have to say I disagree with your attorney's advice.  Historically, ignoring the communications does not make the situation go away as you can see.  Answering them does not necessarily make the situation go away but I believe it generates more goodwill than simply ignoring it.  There is nothing wrong with wanting to take the time you need to gather your thoughts, do research, and the like to prepare a solid answer to them.

Essentially, in my case, I apologized for the incident, I assured them the image was removed, I also told them the circumstances of how I ended up with the image unintentionally.  I was responsive, timely, and respectful.  I took the time to both speak with them and write to them.  Obviously, in the end, we disagreed but they did thank me for responding and acknowledging the situation.  They also stated they believe my story because I had provided background information.

Ultimately, I have not heard from them for a year now.  Of course, that can change at anytime but there was a great deal of interaction and communication before they let up.

You don't have to hire an attorney but we do have lots of written and audio information that can assist you in responding to Getty Images.

MatthewC

2239
Thanks so much for the kind words.  It is nice to hear that we can provide some mental relief to you and other people.

MatthewC

m_spoon Wrote:
-------------------------------------------------------
> I just wanted to extend my thanks to both Matthew
> and to Oscar for making this resource available to
> folks like myself, who find themselves in this
> type of unfortunate situation. This forum was very
> useful to me when I was trying to get grounded in
> the issues. That's why I wanted to register and
> express my appreciation. Both Matthew and Oscar,
> as well as Oscar's staff, were responsive and
> professional in helping me to frame and send off a
> response to Getty's unexpected and undeserved
> letter. Thank you gentlemen.

2240
I am proud to announce the launch of our first informational video. Thus far, we have provided you information through our articles, discussion forums, and MP3 audio files.  We have now taken this one step further with online videos.

The first video we have released is "Oscar Michelen: Background & Experience".  You can "meet" Oscar through our online video and get to know him better.  You will learn about his upbringing, education, and experience as I interview and converse with Oscar.

You can find the videos on our Home Page and VIP Contacts page.

More videos will be released but they will be available only to our Subscribers. Our subscribers will have the first opportunity to view our latest video updates and informative video discussions.  More information will be released soon.

MatthewC

2241
Getty Images Letter Forum / Re: Free Photos
« on: August 06, 2009, 05:55:48 PM »
This is the main U.S. Government link to access many of the Free Photos from U.S. Government websites:

 U.S. Government Photos and Images

This is a tremendously awesome resource.  There are so many photos to choose from especially if you like nature, space, weather, wildlife, and the sciences.

The original Boycott Stock Photos article I wrote can be found here:

http://extortionletterinfo.com/boycott.htm

2242
Getty Images Letter Forum / Re: Removing posts for legal services
« on: August 04, 2009, 07:38:00 PM »
My question to you is that if you wish to go to litigation with Masterfile and Getty, are you actually going to recommend this course of your action to your clients?  Furthermore, who is going to pay for your time?  I am assuming you are expecting a client to pay for this process.

I am not an attorney but I am a practical businessman.  I very much believe in standing your ground but I would not recommend going through as a first choice especially over a matter that is relatively small.  I am very leery of anyone who actually wants to go into litigation if given a choice.  The discovery process can be very expensive.

I could be wrong, but I don't get the feeling you would go through the discovery process pro bono just for the education and experience of it.  Oscar and I have donated a lot time into research and diplomatic efforts so that litigation is not necessary.

Litigation, especially for these smaller cases, make the lawyers richer and clients poorer.  If I am wrong in my assumptions, I would welcome your reply on why you would want to intentionally go through the discovery process.

MatthewC

jsobellaw Wrote:
-------------------------------------------------------
> Thanks for your thoughtful repsonses, gentlemen.
> I meant no harm by my post.  My approach is a
> little different - I do wish to go to litigation
> with Masterfile and Getty, as I think full
> discovery will level the playing field even
> further.

2243
Getty Images Letter Forum / Re: Removing posts for legal services
« on: July 24, 2009, 01:27:07 PM »
Jonathon,

Let me first start this post by saying at the top of the message list, is a "Please Read the Rules Before You Post" message.  It is short and sweet but works for us.

Quote
Welcome to the ExtortionLetterInfo.com Discussion Forum. Here you can share your story and discuss your situation as it relates to the Getty Images Settlement Demand Letter.

This forum is intended for intelligent on-topic discussions only.

* No ranting, raving, or cursing.
* No spamming or advertising here. (Pay attention to this rule.)
* No personal attacks or name-calling.
* No URLs, email or physical addresses in signatures.

Thank you!


Second, I would normally not even bother answering "why did you delete my post" messages because over the years I grow tired of explaining the rules of Internet etiquette. It seems people feel entitled to be able to say or write anything they want on the Internet.  People seem unaware the rules of protocol vary from site to site. However, I am going to take the time to reply because I plan on adding a new dimension of insight and explanation that I have not yet shared.

In a prior online life (2000-2008), I ran a successful and popular discussion forum community called "The MasterMind Forums". It was innovative at the time where I partnered with several subject matter experts in business, investing, and entrepreneurship to delivery high-quality information freely. Like this forum, the other forums had a niche mission. Because the time of subject matter experts are extremely valuable and I don't allow "hard selling", the only "reward" is recognition, exposure, and exclusivity.  I was approached all the time by people who wanted to join up except I had one hard-core rule, I won't work with anyone I don't know.

I will share another secret.  One reason most of my websites (including this one) almost always climb to the top of Google search engines in the subject it focuses on is that I deliver a high signal-to-noise ratio.  Inch per inch, there is a lot of high-quality content here if people read and look for it.  Part of achieving that high signal-to-noise ratio is making sure that my visitors have a safe experience.  They need to trust that when they visit and/or participate on my site that they will be blind-sided or hit over the head with marketing or advertising messages.

I have different business interests and, in fact, have a publishing company with an entire line of books.  I have also recently released new titles that I am actively promoting.  And yet, there is almost no mention of my publishing company on this website.  Oscar tells me about interesting cases he litigates that would just make people's head turn and yet it never makes it to these discussion forums. The point I am making is that both of us as "partners" of this website have the opportunity to put out many more advertising messages than we do.  But we have jointly built this website community from the ground up based on the foundation of trust, respect, sympathy, and compassion for our community.

We give out our information and advice freely. Anyone who wishes to engage us more directly know how to find us by email or by phone calls.

We are not going to allow "outsiders" to simply crash the party and start pitching products, services, and ads to them especially from someone that has no track record with us and have contributed nothing to the community.  Why would we allow an "outsider" do violate rules that we, ourselves, could easily do, but don't.

Let's say for a minute that this website really was a real "moneymaker" (which it is not).  Having someone crash the party with their advertising message after all the hard-work of building trust and traffic has been done is a bit like stealing billboard space without asking the guy who built and paid for the billboard.

In any case, Oscar and I have traditionally been very open and forthcoming with our community.  But I am in agreement with him on a number of points he made to you.

1.  You have provided no advice, legal opinion, insights, etc. to the cause established here.  You have earned not yet earned any goodwill or trust here.

2. You have not been privvy or participated in the hundreds of hours of conversations/meetings/research/writing articles/making recordings/producing the website/managing the forum/etc. that Oscar and I have put in over the span of a year discussing the many issues spanning from Getty Images, Jupiter Images, Masterfile, Imageline, litigation, negotiation, strategies, etc.

3.  Oscar and I do work closely in a complementary, "tag-team" fashion to make sure we cover as many bases as we can and that we have a cohesive message. We have provided advice based on the experiences of hundreds of participants, clients, emails, conversations, and cases that have been submitted to us, not simply one lone Masterfile case.  I don't mean to disparage you or your legal abilities because that is not the intent but we are MUCH further down this knowledge and experience path in the U.S. than anyone we have met thus far. Quite frankly, sheerly by accident, we have become the de facto "go to" website for anyone in the U.S. with a stock photo copyright infringement dispute.

As it stands right now, I am happy with what we are providing thus far.  I am also happy with the working relationship I have with Oscar.  I am quite satisfied that the customer service he and his firm provides is more than sufficient at this time.  I continue to get very happy emails and comments about the services provided.

Quite frankly, if Oscar ever decided to stop being the "subject matter expert" for this website, I would probably just shut it down.  The website has long since served its purpose for me which was to help me getting information and resources in defending my case against Getty Images.

I hope this clarifies my position in having additional lawyers joining this website.

MatthewC

2244
Getty Images Letter Forum / For AriellaGamer
« on: July 08, 2009, 02:01:12 PM »
Hello AriellaGamer,

Thank you for your participation and enthusiasm for the subject matter.  Unfortunately, I have had to delete parts of your content because some of what you are saying is in direct conflict with my and Oscar's recommendations and the tone is inappropriate for our discussion forum.

It is not that you cannot disagree with us.  You may disagree with us.  However, the top positioning and title of your posting could mislead newer readers to interpret your position as our position and actually follow the advice.  People do not always make the distinction of WHO writes the post.  Some people simply say "extortionletterinfo.com website said to do this".  While technically true because it was from a post, it is not our "official advice" to people.

We believe the issue is primarily a civil issue, not a criminal one.  As such, it is not always legally clear, hence, the ongoing disputes and dialog.  Also, we have endeavored to keep the tone of our messages and articles civil.  As LetterEd said himself, it is not that we do not feel frustration, anger, or any other negative emotion with this but it is important that we do not come off as "ranting and raving".  The energy and your choice of words come close to being inflammatory.  I do not feel you have any ill will or intentions but we cannot have our discussion board have posts where people are being overly-aggressive.

Oscar and I have worked hard to conduct ourselves and operate this website in an intellectual, professional, and civil manner while asserting our position and frustrations in an "acceptable" way.

I did not step in sooner because I was waiting for Oscar's "official" legal response.  Now that he has stated his position on your comments, I can unhesitatingly support it because I agree with it.

If you wish to re-engage, you may do so, but please tone down the rhetoric and inflammatory words.  Additionally, I do not believe the posters (most notably LetterEd) who questioned your advice were doing it out of malice.  I believe they simply wanted to ensure the accuracy and credibility of what you are stating, not picking a fight.

For the record, LetterEd has posted several times before and although I do not know him personally, I find his posts intelligent, well thought out, and contributory to the overall cause.  As he said, no need to get paranoid, aggressive, or defensive.  We are all on the same side here.

I hope this puts this thread to rest.

MatthewC

Oscar Michelen Wrote:
-------------------------------------------------------
> Thank you Lettered for responding so quickly and
> well to Ariella's posts.
>
> Dear Ariella: I admire your energy and commitment
> but what Getty is doing is not illegal. When a
> photographer takes a photograph that photographer
> has copyright protection in the photograph. Now if
> the photo itself is picture of ANOTHER copyrighted
> work, say a Roy Liechtenstein painting, then of
> course the photographer does not get copyright in
> the Liechtenstein work and he may not even be
> allowed to use the photo of the painting in any
> commercial capacity provided it is not a a "fair
> use."  
>
> These photographers for a number of reasons have
> then transferred their copyright rights to Getty
> under a licensing agreement. That agreement gives
> Getty the EXCLUSIVE right to sell/license the
> images and also therefore pursue copyright
> infringement. While it may be impolite, secretive,
> etc. for Getty to say tht they will not show
> someone the license agreements  that is not
> illegal.  To use your example, I can write you a
> letter saying I broke my leg in your store and
> that I will sue unless you pay X amount and then
> refuse to show you any proof of my claim.  Is it a
> good way to resolve a dispute of course not.  And
> that is one of my principal objections to the way
> Getty is handling this issue.  But it is not
> illegal -neither criminally or civilly, so please
> stop advising folks on this site that it is and
> that they should call the police. I am involved in
> a litigation with Getty now and I have seen
> lawsuits they have filed in various courts around
> the country.  When they come to court, they
> produce the required proof - both the copyright
> registrations and the license agreements. So they
> have a good faith basis for making their demands.
>
>
> Your final point that your website is your
> intellectual property once you put it up does not
> allow you to make a website using other people's
> intellectual property. So please, we have
> endeavored very hard to keep the information on
> this site accurate so that people who get these
> letters know what their options are. Please read
> my summary and follow up posts to get better
> acquainted with the legal issues in this area.

2245
Getty Images Letter Forum / Re: Archive.org
« on: June 16, 2009, 10:42:35 AM »
I made a mistake on the original post and have corrected it.  Nevertheless, I also accept emails to [email protected].

Matthew

2246
Getty Images Letter Forum / Archive.org
« on: June 16, 2009, 08:50:04 AM »
The purpose of Archive.org was to try to capture what the Internet was like at any given week since they started. It is really an impossible task since the Internet as a whole since it is very organic and ever-changing. However, they do take snapshots of websites.

If Getty decides to use archive.org to go after people regarding images, they will eventually cause a mass exodus which defeats the mission of archive.org.  

If you have documentation that they are quoting archive.org, please forward it directly to me at [email protected], I will bring it to archive.org's attention.  Also, please give me the name of the Getty employee who is saying this.

I believe that when the principals of archive.org know that Getty is using it for wide-scale extortion purposes, causing people to drop out of archive.org, they will have something to say.

MatthewC

2247
In my research, I also discovered a LOT of people who were upset and scared about the Getty situation.

But as you know if you read my story, someone had to take an intelligent, organized approach to fighting Getty's letters.  It is simply a great scam they are pulling off and it has to be stopped.  Threaten people with letters, emails, phone calls and money comes in? Honestly, I never thought it was that easy to make money.  But Getty successfully pulls it off with their college-students-based "License Compliance" department.

The price of ignorance is too high.  The prices of not having a spine is also too high.  Education is the best defense over such matters as Getty's letters.

I wish I could take all the credit but Getty has drives an incredible amount of traffic to this website.  Their letters make me and Oscar more famous each passing day!  :-)

2248
DBlink,

Technically, you can ignore the letter.  The question you (and anyone else getting the letter) is whether you can deal with the consequences.  If you ignore it, they will likely keep harassing you about it even if they do not escalate the matter to a collection agency or to a lawsuit.  Even if you respond, both could happen also.

As a personal preference, I do not like to ignore these matters because they have a way of sneaking back into your life when you least expect it.  Unresolved matters have a way of coming back to haunt you.

But that does not mean you have to play into their hands.  I chose to aggressively fight back and defend myself.  I was prepared to do what ever it took because I too looked at my own case, situation, and so forth.  Even if I had "lost" in court, the other side would have had a very high price to pay.

I am not an attorney but it certainly sounds like you have some grounds for negotiation and a defense.  The fact of the matter is Getty has to be selective on who they escalate the matter to.  You have to determine whether they will likely come after you.  I personally think they have bigger fish to fry than 2 images.  But if you choose to ignore them, who knows?

There are certainly no guarantees either way.  Some people prefer to avoid and ignore the situation which I have heard works just fine.  Others like me have chosen to confront it and it has also worked out also.

Regarding donations, if you do not think the existing written information is helpful enough, you should NOT donate.  This is NOT a barter or exchange system where we reply, then get paid money.  If that was the arrangement, then we would bill you. I say this because I want to make it clear we choose to respond to any post because we volunteer to do so as time permits.

Our donation system is simply a mechanism for people to voluntarily show their gratitude or for people who simply want to support our cause and help offset our expenses.  You either feel strongly enough to do so or you do not.  It isn't a crime not to donate.  And there is no animosity or badwill if you don't.  And you can donate as much, as little as you want, or none at all.  You should vote your conscience.

Oscar posts freely here without expectation of payment. He only gets paid if someone chooses to hire him.  That is a clear arrangement with specific terms.  Even then, Getty cases are not a huge money-maker for him.  It is simply a way for him to donate his time to the cause without him having to lose his pants.  You have to remember, he generally commands up to $450/hour as a NY attorney.  These $150 Getty cases is really peanuts for him.  But he knows a lot of people are happy with him and serves a greater good assisting the little guy.

If Oscar never posted again, I think people will still be grateful for all the information we have written posted.  We get emails all the time how happy we have all this information freely available to read.

I write and post to this website as time permits but I promise you, I am more motivated by gratitude and goodwill than anything else.  If I began to think people were unappreciative or we getting attacked for our efforts, I would take the entire website down and let everyone fend for themselves.  It would be no skin of my back because this is nowhere close to my primary line of work or source of income.  I have said many times, I would have been fine if I NEVER received a Getty letter and as a consequence, not launched this website.

Quite frankly, there are still times I think about taking down this website. I have mixed feelings about having my name and reputation attached to it. But we appear to be creating a lot of goodwill and so we continue on.

Anyhow, forgive the exposition, I just want to make it clear to everyone that donations are obviously appreciated but that is NOT our primary motivation for the website. But people who do donate, we obviously know who is thanking us and I generally send a thank you email for their consideration.

MatthewC

2249
Some good comments you made.  So-called professional photographers will find their services increasing diminish through a combination of outrageous rules for photos you contract to take and the ever-increasing technological capabilities and ease of use of newer cameras.

I would rather pay extra for better equipment and hire my own contractor that will work on my terms than fool with unreasonable terms.  Better to invest in superior equipment and good part-time help/contractors/employees with the "pro" photographers.  I am quite convinced that professional photography is a gradually dying industry.  All the legislation in the world will not save them.

Witness the music industry.  The "need" to hire professional photographers is simply not a fun or practical option for many situations.  I used to be more conservative in how much I would budget for cameras and camcorders.  Now, I am more willing to splurge for equipment that will deliver higher-quality results without the hassles and terms of the "pros".

2250
Getty Images Letter Forum / Re: Info for developers / web hosts
« on: May 14, 2009, 01:08:03 PM »
This is great information albeit a bit technical for the average user.  

I heard before that Picscout utilizes invasive procedures to dig around your server bypassing normal channels.  As such, deleting the files from the server altogether is good advice and one I strongly recommend.

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