Messages

241

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: May 12, 2014, 02:53:05 PM »

Greg,

You are a special person to go through the time, trouble, and effort it takes to organize and put all this information together.  Thanks for everything you do!

My only question now is, "What will it take for the Washington State Attorney General and the Washington State Bar Association to do something about this?"

Is there some way that we should present Greg's summaries back to the AG and Bar Association so that they cannot claim they missed what is going on?

242

Getty Images Letter Forum / Re: Confused: ClearArts + Lived In Images

« on: May 10, 2014, 09:07:59 AM »

My advice would be to go with your gut.  You do not owe him the courtesy of a response.

243

Getty Images Letter Forum / Re: Getty Letter but Image was retrieved from Public agency Website

« on: May 08, 2014, 05:27:05 PM »

Welcome to the fight, northern CAL

244

Getty Images Letter Forum / Re: Have I Screwed Myself

« on: May 08, 2014, 09:03:23 AM »

What Greg said is absolutely dead on.

Also, be careful with your terminology.  Nothing I read indicates that you have incurred a debt.  Until such time as Getty or McCormack IP Law proves to you that they have the legal standing to collect on this image, all they have is a claim, and a weak one at that.

The worst that can happen - and it is unlikely - is that they take you to court and win, because maybe you don't even show up or decide to represent yourself.  What will they get, the expense of suing you and a judgement they will never collect because no one can make you give them money you don't have.

They sue far less than 1% of the people they threaten.  They are not stupid - though some on this board might argue that.  Why would they choose to sue you?

Their game is to hope that their threats will get your conscience to make you want to beg, borrow, and steal to pay them.  Keep reading the forum.  Their is lots of meaty information here to help you understand them.  Doing so, will help you live without fear of them or their tactics.

245

Getty Images Letter Forum / Re: 4th Getty Letter

« on: April 08, 2014, 05:43:55 PM »

Or, maybe it is really insane.

Getty has been accused, by members on this board, of conveniently moving images around their collections.  An image that one day is in their Royalty Free Images collection, later appears as Rights Managed.  The RF images don't get nearly what the RM images get.

If one didn't trust Getty, they might even think that before sending out any letters, Getty moves the images to their RM collection.  I only say that because, at any given time, you can find some fairly unimpressive images in that group.

246

Getty Images Letter Forum / Re: Getty: terminated

« on: April 04, 2014, 02:41:27 PM »

Well said, Greg Troy.

247

Getty Images Letter Forum / Re: Help from the Eli Community Needed

« on: April 04, 2014, 11:22:02 AM »

Way to go ELI contributors!

I am proud of each and every one of you for showing Greg your support.

I believe that his efforts, may be the catalyst we need to get us started on fixing this mess.  And if not, they will at least cause Getty and that collection's agency law firm they use enough pain to either make them rethink their strategy, or slow them in the execution of it.

248

Getty Images Letter Forum / Re: Getty: terminated

« on: April 04, 2014, 09:38:03 AM »

Maybe someone needs to show them a better way.

I work with a lot of computer software consultants.  Many of them are proud to call themselves independent consultants, but they don't really know how to market themselves.  They look for big gigs where they don't have to spend a certain amount of time each week selling themselves.  The ideal opportunity for them is one client who will employ them full time.  To me, that seems like a definitional misnomer.

I would think most photographers like taking pictures and not all the work that goes into selling and distributing them.  Getty makes it appear that they will handle all the work the photogs dislike.

Maybe someone needs to show them a better way.  Maybe ELI can host a forum for photogs to help them find more or better ways to market themselves.  Putting their collective heads together could do a whole lot of good for this industry.

249

Getty Images Letter Forum / Re: Announcement: ELI website sold to new owner

« on: April 02, 2014, 04:17:05 PM »

My apologies to Robert.  In trying to be funny, perhaps I cut too deeply. 

250

Getty Images Letter Forum / Re: Announcement: ELI website sold to new owner

« on: April 02, 2014, 12:16:30 PM »

They are related.

251

Getty Images Letter Forum / Re: Getty: terminated

« on: April 01, 2014, 02:27:41 PM »

That's a very interesting clause.  It seems to me that this part: 

If Getty Images elects not to pursue a Claim, you will have the right to pursue it.

doesn't really jive with the Digital Media Copyright Act.

My recollection, last time I took a look at the DMCA was that one, and only one entity, could retain the right to pursue claims over an image.  Does anyone know how they get away with that?

252

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: March 31, 2014, 02:28:32 PM »

Think of it this way, Caroline.  If you have ever seen the movie GlenGarry Glen Ross, Getty and their bands of collectors are like the salesmen in the movie.  They only get paid when they can get someone to send them a check. 

Although they claim to use the law as their justification to get someone to pay, they aren't all that interested in the law.  They, themselves, have been sued (and lost) for mis-appropriating digital images.  What they are interested in, is finding the weakest link in any potential claim and pestering them till they give in.  I honestly don't think it matters if the letter comes from you or the client.  They are going to try to divide you and chase whoever they think gives them the highest possibility of getting a check.

That is a strategy that poses problems for all but the most secure business relationships. 

Too often, we think that what we write in the letter actually matters to Getty.  It doesn't.  What you write in the letter may matter at the Washington State Bar Association, the Better Business Bureau, the Attorney General, or your congressmen, if we can get to the critical mass necessary to get one or more of these groups to act.  What you write in the letter may matter, if they ever decide to sue you or your client.  As you realize, it is not likely that they will over such a small amount.

Disclaimer:  I am not an attorney.  The views expressed above are the opinions of someone who has been following Getty and one of their collector's for a bit over two years now.  I, like many on this forum, welcome the day when Getty changes their business policies for the better in this area.  Until that time, I will be happy to share my opinions with people who seek answers to Getty's confounded business practices.

253

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: March 31, 2014, 08:48:01 AM »

I like your letter Caroline.

Greg is correct that Getty will just ignore what you say and come back with their usual message, "pay us."  This could become a problem for you if they chase your client and not you.  They like to find the chinks in one's armor and attack those.  You should be thinking about how to address that potential forthcoming problem.

254

Getty Images Letter Forum / Re: Getty: terminated

« on: March 30, 2014, 10:10:05 PM »

Bravo DvG!  An out and out "Stand up" move by you.

 If there is anything we can do to help, please let us know.

There may be some here willing to help publicize your findings - with your permission I mean.  A serious campaign by photogs leaving Getty could be the impetus they need to change their ways.

255

Getty Images Letter Forum / Re: I am a frustrated and sick to my stomach Canadian!! Help!!!!

« on: March 28, 2014, 05:01:22 PM »

I am not sure what is making you sick.

The thought that some collections company in FL is going to sue you in Canada?  Not gonna happen.  They even say so.  They are gonna tell Getty that they cannot collect.

Will Getty sue you over one image?  Highly unlikely, but possible.  What do they stand to gain?  What might they lose?

I am not an attorney, but I like the advise your attorney has given you.   This is not an issue for you until they sue.  The vast majority are threatened but never sued.  If you have taken down the image in question, I would suggest you not give it another thought.  And you can expect to keep hearing from them for about three years from their first contact.  That is just their business policy.  No amount of writing/cajoling will change their policy.  If you want to stop hearing from them, look into something like Oscar's letter program.