Messages

2716

Getty Images Letter Forum / Re: Requesting registration proof in advance

« on: October 12, 2011, 08:12:54 AM »

Did your "friend attorney" state in the letter that they were representing said client?? If so i wonder what the ramifications for such a blunder would be? I thought that legally that had to go thru counsel, which to me would mean some sort of sanction or something?? Maybe this could be used in your favor..

2717

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: October 11, 2011, 05:49:15 PM »

This just tells me (again) that ignoring the letter is not a good option.. Yes McCormick has handled other Getty cases, unfortunately your client did not want lawyers involved, but now they are. Use the search function on the site, as there are other references to McCormick. IMHO I still think it's unlikely they will file suit, unless the images in question are actually registered with the US copyright Office, have they offered any such proof of this? Have you been able to track down the owner of the copyright? Perhaps the photographer? When was the initial letter sent? there is a 3 year statute of limitations, and it seems you're getting close to the cut-off date for them to actually file suit. It might be a good time to get educated as much as possible, and maybe open a line of communication with them ( albeit a little late for that) By contacting them you could possibly buy some time to do the proper research, and perhaps get counsel.. If you can delay them for any lenght of time that will work in your favor as far as the SOL is concerned..

I know I wouldn't pay them $3950 for 2 images, nor would I offer to split this amount with my client/developer. By giving in and paying, they win and have more reason to keep sending the letters. Look up the image in question how much do they charge for it??? not nearly that amount is my guess...

2718

Righthaven Lawsuits Forum / Righthaven asks appeals court to block dismantling of the company

« on: October 11, 2011, 07:16:47 AM »

Just a matter of time, before the rats start jumping ship as it's listing badly to port!

Despite its backing by billionaire Arkansas investment banker Warren Stephens, copyright lawsuit filer Righthaven LLC of Las Vegas said Sunday it has been unable to secure a $34,045 bond to guarantee payment of a defendant’s attorney’s fees.....

"To date, Righthaven has been unable to secure a bond. The terms required by the bonding companies that Righthaven’s counsel has investigated and/or contacted are an impediment to meeting the district court’s stay requirement," said Righthaven’s filing by Las Vegas attorney Shawn Mangano. "The bonding companies are requiring what amounts to a full cash bond. In sum, the bonding companies ask for full cash payment, certain forms of collateral held by the company or irrevocable letters of credit be posted to obtain a bond in the amount requested.

Imagine that the bonding outfits, want the full amount, a little salt in the wound i would say!

Here's the complete article for your reading pleasure:

http://www.vegasinc.com/news/2011/oct/10/righthaven-asks-appeals-court-block-dismantling-co/

2719

Getty Images Letter Forum / Re: My "Extortion" Letter Experience (Part 2)

« on: October 10, 2011, 04:20:44 PM »

I'm sure in your offer, you can make the stipulation, if they agree to it is another story.

The letter basically is doing this: Opening a line of communication between the agency and your attorney. The agency can longer contact or harass you, everything must go thru your attorney, so yes there would be attonrney/client relationship. In the event there was a "need" your attorney would surely contact you, after all that's his responsibility. Any future infringemnts seperate from the initial, you would need to retain counsel seperately.

You won't see an organized list, because of attoney / client priveldge, I can however speak for myself.

I recieved the Getty letter and contacted Oscars office the same day, the next day I sent all of the info to his office. By the end of the week I had my letter draft in hand, approved and sent. That was over 2 years ago, haven't heard boo since.

You have to keep in mind there are no guarantees with the letter, very rarely if ever has there a been a suit filed over 1 image, it would cost them more, then they are trying to collect, and chances are slim any judge would award the maximum amount allowable, especially if you can show you are an innocent infringer.

2720

Getty Images Letter Forum / Re: My "Extortion" Letter Experience (Part 2)

« on: October 10, 2011, 03:10:43 PM »

I guess my question would be ...why would you offer them 500.00 to make it go away, when you can spend 195.00 have Oscar write the letter and send it off, and chances are very good that would be the end of it? I am by no means trying to send Oscar business, if you an "innocent infringer" why pay?? a 500.00 offer would probably be denied anyway as they want to squeeze as much as possible from you and it would just continue from there.

2721

Getty Images Letter Forum / I found this rather amusing

« on: October 08, 2011, 03:37:13 PM »

It's old and outdated but humorous nonetheless, or at least in my warped mind..

http://www.fastmediamagazine.com/blog/2010/05/17/getty-images-lauches-stockphotorights-com/

I just love how they're educating the public "for the common good"..perhaps instead of sending letters they should just send this?

2722

Getty Images Letter Forum / Re: Contact information for Getty Deputy Legal Council

« on: October 08, 2011, 01:17:31 PM »

I can onyl tell you that my letter was sent to the above address, only difference being the Attn: was not a Susan, but someone else

2723

Getty Images Letter Forum / Re: Contact information for Getty Deputy Legal Council

« on: October 08, 2011, 11:28:52 AM »

You could probably send it here attention of whomever.. I suggest sending it certified / return reciept for your records.

Copyright Agent
Getty Images Legal Department
601 N. 34th Street
Seattle, Washington 98103
Phone: (206) 925-5000
Fax: (206) 925-5623
E-mail: [email protected]

2724

Righthaven Lawsuits Forum / Defense attorneys suspicious of latest Righthaven maneuver

« on: October 07, 2011, 05:21:21 PM »

seems the Righthaven saga continues....question is...for how long can they survive on life support??

http://www.vegasinc.com/news/2011/oct/07/defense-attorneys-suspicious-latest-righthaven-man/

2725

Getty Images Letter Forum / Re: Does copyright infringement have a time limit?

« on: October 07, 2011, 05:13:26 PM »

Once Getty receives the letter from Oscar, they legally cannot contact anyone regarding the matter except for Oscar, as he is counsel. For them to contact the defendant afterwards would be a big no-no.. Rest assured if Oscar hears back from Getty, he will follow up with you..so in a sense no news is good news.

 In regards to the statute question, yes there are folks that have gone past the 3 year threshold, as well as some of us that are nearing it, other have a long wait ahead of them.

2726

Getty Images Letter Forum / Re: Just recieved a Getty Letter today

« on: October 03, 2011, 09:14:46 PM »

Remove the banner, but keep the code snippet, so you have some kind of record, that is was being generated elsewhere. I would then contact the company who is serving the banner, to see what they say, you can try explaining to Getty the situation, but they will most likely give you the standard answer.." doesn't matter where it comes from, or who put it there, it's on your site, please pay us...etc...".. If the company serving the banner has any scruples they will take responsibility, but don't hold your breath.

2727

Getty Images Letter Forum / Re: The NCS settlement letter - ignore or write to them to dispute debt?

« on: October 03, 2011, 05:27:33 PM »

I think it's a great idea SG, it will be helpful in the long run

2728

Getty Images Letter Forum / Re: The NCS settlement letter - ignore or write to them to dispute debt?

« on: October 03, 2011, 04:28:24 PM »

I would call NCS, tell them you dispute this "claim" and remind them that, as this is a claim and not a debt, they have no business contacting you at all period. Further that by stating you have hired counsel to deal with this matter. This should force them to send it back to getty. I can't tell you whether to retain Oscar or not, but chances are it's not going to go away by itself..

2729

Getty Images Letter Forum / Re: Does copyright infringement have a time limit?

« on: October 02, 2011, 01:21:13 PM »

Once the 3 years is over, they cannot file suit for the images contained in the original letter. However if there are other images that are not properly licensed, you may get another letter in the future. Say fro example from a different stock image company..

2730

Getty Images Letter Forum / Re: My "Extortion" Letter Experience (so far)

« on: October 01, 2011, 11:31:12 AM »

Greetings,
Soory to see you've been sucked into this, I'm going to make some point, that may be helpful, or perhaps just food for thought.

In "most" cases a suit will not be filed over 1 image, as it's risky if they loose, and it's not a big money maker for them, now I'm sure what superstocks record is in this regard. either way it should not be ignored in my opinion.

As far as your web developer is concerned, shame on them for not supporting their client!. You could go after them if you feel compelled to do so, if your contract states "content" you may have some wiggle room as this is an image, which could be interpreted either way. Again i'm not an attorney, but this may be worth asking.

As a web developer myself, I go the extra mile and have it in my contract, that all images are to be supplied by the client, I also give all of my clients a minute education on the dangers of grabbing images, so that they are clear on the matter, and can make a choice as to whether they want to purchase the images or not. I am also in the process of adding a clause releasing my company, if they do choose to use unlicensed images.

I think the main issue with web designers supplying the images even if they do license them, if that the stock companies go after the domain owner, and could care less about where the image came from , or who put it there, so even if they did license it, they have the license not the site owner.. IMHO it's just better that the client own the license therefore they are covered without having to drag a third party into it.

Thanx for joining in on the petition, please send it to your friends and relatives as well, we need all the help we can get.

As for the controversy regarding the letters, there have been very few issues with letters being sent in comparison to the volume of letters being drafted and sent, and those issues have always been taken care of. This site itself is more geared to getting information out there, and educating people on the issues, while at the same time letting them know that there are options including the letter. Implementing new systems, hiring assistants, etc, would only drive up the cost of the letter, and we're trying to keep that reasonable for all involved..

Thanx for sharing with us, and whatever your decision, I wish you the best of luck!