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Messages - Oscar Michelen

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257
That is Interesting  but I was annoyed when I read this part of his post:

I know that there is a lot of discourse on the internet about "getty extortion letters" , whereby Getty finds someone who they have no record of having obtained a Getty image legally, stealing an image, and, for a nominal fee of $750, Getty offers to give these infringers essentially a retroactive license.
I am sure that the lawyers behind this, trolling for their own clients to object to Getty, may also be trying to create some form of class action situation down the line. However, companies should be ecstatic that they can get out from under a Federal lawsuit for copyright infringement for that small of an amount. The retainer for a copyright lawyer to defend themselves will be $5k-$10k, if not more - to start. I would find it interesting if there were contributors who took Getty to court for failing to file suit, or, by photographers who had been precluded from filing their own lawsuit by Getty's contract, due to Getty's acceptance of the $750[/size][/size] 

We are not trolling for our own clients because if we were the last thing we would do is provide so much FREE information.  I could easily build a site where I provide limited information, scare folks into thinking they are likely to be sued imminently and charge much more money for my letter defense.  He also surmises that we are trying to troll for class action lawsuits when every chance I get I have posted that I don't see a class action lawsuit in this mess. So while I am glad he linked to our site, I wish he would have been more informed before he posted his erroneous analysis of it.

258
Getty Images Letter Forum / Re: new copyright thug to add to the list?
« on: January 16, 2013, 10:33:33 PM »
Mulligan - I taught the first year writing program at New York Law School for about 7 years and my first year law students would have been able to construct a better letter than this one. If you are going to send boilerplate letters, then all the more reason that they should be grammatically correct. You are only writing them once - take the time to proofread them, make sure they are accurate and properly written and then you never have to worry about it again. 

259
We can do it when Robert hosts his "Asshat of the Year Show"

260
Getty Images Letter Forum / Re: New Topic: "ELI After Dark"
« on: January 16, 2013, 10:15:16 PM »
Awesome

261
Greg - This is beyond interesting - it is fantastic! I even used bold type! How can Getty claim any value to the images they are trolling about when they have this program in place? Especially when apparently many of these images contain models in them? Those are almost always Rights-Managed and not merely Royalty-Free. This also devalues all other digital image warehouses claims -Masterfile always harps about  charging so much more for images with models in them as they are RM and RF. Now their brother in arms Getty Images is establishing a low market value for these images as well. If they are paying their photogs a one time fee of $12  per image which can then be re-used constantly for free, they are valuing stock imagery at pennies! I think this can be a goldmine for us and future letter recipients. Have to read the article again and all comments and sleep on it for a bit.

262
Aren't Canadians too polite to post bad comments about their bosses?

264
BTW - I just remembered -  the front page of this site has a locked forum on The Getty Images Issue which summarizes pretty much everything. Do we need to augment that somehow?

265
While I think an FAQ page is a good concept we would have to make sure it is accurate and thorough and yet still let people know that these issues are not really prone to one or two sentence responses. Perhaps better would be some kind of site map that let's people know where to go for basic information or highlight those many posts that explain the Getty issue.  I'm all for whatever makes the volumes of info on our site more manageable.

266
It all depends on what was said between the designer and the client.  If the conversation went as Jerry set forth, he is right - the designer would have no liability as he warned the user that a purchase needs to be made. But if the designer put up the images for the customer and forgot to pay for them or never discussed licensure with the user, then the user is still responsible to the copyright holder but he could get indemnification from the designer.

267
Getty Images Letter Forum / Re: Who can I get images from?
« on: January 11, 2013, 07:43:19 PM »
Buy a good digital camera and take them yourself!

268
Getty Images Letter Forum / Re: just received an email
« on: January 11, 2013, 07:39:52 PM »
Being from the UK, they will be even less likely to file suit here. They may not have the US copyright to the image either, you don't know. It is a poorly worded email which raises more questions than it answers. I would not correspond any further with them.

269
Is there a lifetime achievement award?

270
Getty Images Letter Forum / Re: Letter help: Fair Use
« on: January 11, 2013, 07:35:52 PM »
Sorry it took so long for me to see this post and chime in. You would have a strong fair use defense for the reason set forth in the previous posts. Fair use is a tricky issue but because you were specifically critiquing and reviewing what they were complaining about, you would likely be covered. Fair use is an affirmative defense meaning it would be your obligation to prove it is applicable but don't worry this will never be put into suit so this whole discussion is purely academic. 

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