Messages

2821

Getty Images Letter Forum / Re: Possible Strategy against Getty?

« on: August 12, 2011, 05:54:42 PM »

In theory it sounds good..however... the image first must be accepted by GI, and the person uploading would have to sign an agreement, stating that they own the image and are handing over to GI the power to license & enforce said image.. I doubt you'd get somebody to sign a legally binding document in this way, as it would be considered fraud or worse. I'm sure buried in the fine print of the contract there is something to the effect of GI not being responsible / liable for any images that are excepted into their system in a fraudulent / underhanded manner... I'm wondering what others might think of this and if i'm correct in my thinking.. my moral compass also tells me doing something like this would just be wrong, and 2 wrongs don't make a right..

2822

Getty Images Letter Forum / Re: Ken MacDonald of Masterfile trying to extort $4000 for a small image. BIG SCAM!

« on: August 12, 2011, 01:14:36 PM »

not to mention the fact, that if MF is visiting us here, they are probably smart enough to capture these ignore post's, thus giving them more ammo in the courtroom... " Look your honor we tried to settle this matter out of court..this is where it went..." any judge seeing this would definatley get a sour taste from the defendant.. I'm by no means a legal expert this is just how I see it. Further more I had also contacted an IP attorney that wasn't willing to take the case, so kudos to Oscar for helping out the small fish that seem to get caught in this net.

I hope new users take the time to read thru the posts and use the useful info available to their advantage!

2823

Getty Images Letter Forum / Re: How do you know if images are owned by Masterfile or others?

« on: August 11, 2011, 06:37:38 PM »

I believe iStock is also owned by Getty, not sure about the other one, you can always use http://anonymouse.org/ to mask your ip and give tineye a shot.. Not to worry about getting tangled up , they always go after the domain owner, and never the designer/developer.

2824

Getty Images Letter Forum / Re: How do you know if images are owned by Masterfile or others?

« on: August 11, 2011, 04:13:29 PM »

Couple of points and welcome to the club!
There really isn't a way to tell and just having a license may not be enough, I had a license for an image, but GI would not accept it, they also wanted to see an invoice from the now defunct company.. Best practice is to not use any images that you're not sure of. I suppose you could use TinEye to see if the images in question are in someones library, But I would not depend solely on this.. I had had several clients with the exact same issue, and I suggested they promptly remove any and all images, and replace them with either their own images or images they they themselves have purchased..and to keep not only the license but the invoice / reciept as well.. Being that she's dealing with MF it's a more sticky situation as MF is more known to file suit and they are also known to have a majority of their images registered, which in the end means a possibly higher amount your client may pay if it gets so far as to land in court.. You may also want to suggest your client visit this site and get educated, so she's up to speed and knows what her options are..

Hope this helps.

2825

Getty Images Letter Forum / Re: Profile sniffers

« on: August 09, 2011, 07:30:10 AM »

We're surrounded by trolls! copyright trolls, content trolls, emails trolls and spambots.. You're doing a great job keeping them out thus far, I'm active on a few other forums, where they've succeeded and it's amazing who much spam is dumped on a daily basis.

2826

Getty Images Letter Forum / Re: Profile sniffers

« on: August 08, 2011, 12:52:25 PM »

I agree, I just found it curious...

2827

Getty Images Letter Forum / Profile sniffers

« on: August 06, 2011, 05:39:12 PM »

So the last couple of days I've been looking to see who's online...Most times they are "guest" and the majority of these guests are not looking at threads, but looking at profiles...I wish a little bird could give me some IP's for these "guests".. I think I have a feeling of hwere they are coming from...just sayn : )

2828

Getty Images Letter Forum / Re: Petition on change.org to boycott Getty Images

« on: August 06, 2011, 05:29:20 PM »

I think  this is a great idea, hopefully the Op will return with an update, or perhaps someone will draft a new petition..Between the users here and blasted it across FB and a couple of other outlets it would well exceed 100 in no time.

2829

Getty Images Letter Forum / Re: Some weekend food for thought.....

« on: August 05, 2011, 05:30:20 PM »

I like that you're always thinking buddhapi. I think though that it is highly unlikely Getty has pre-1989 images as they would not have the kind of resolution that they sell on the site now, because any pre-1989 photos would be ones that were scanned in. . You would also have to prove that not only are they pre-1989 but that they also were  published somewhere without copyright notice.

Thanx for your input Oscar!, yes i'm always thinking, sometimes it can be a problem...

I thought about the scanning issue, and also the time frame...being the way I am I did a quick GI search for Mt Saint Helens which erupted in 1980..low and behold they have images of the eruption.. Given the fact that most of the images available are up to 300dpi, I think it's plausable..even low end and dated scanners could scan up to 1200dpi, which would allow room to scan, crop, clean and resize with little image degradation..


Another question comes to mind...so say I use an image of JFK thats in GI library, the photo is from 1963ish and there is no visable CMI, does this make it public domain? and what it GI obtained the same image in 1990 and scanned it what would happen to the copyright then, does it become a new work when it is scanned..I think i need medication!

2830

Getty Images Letter Forum / Re: Does Anybody Know of a Truly Free Clip Art Site?

« on: August 05, 2011, 05:08:07 PM »

The days are "free" are over in my opinion, reading the EULA would help if you can understand it. I've resorted to creating my own artwork, taking my own iimages, and if it's something beyond my scope I hire a graphic artist to create the artwork needed and also have said artist sign over the copyright to me, which is kept on file..I'm probably a bit over the top, but thats how I roll! 

2831

Getty Images Letter Forum / Some weekend food for thought.....

« on: August 05, 2011, 03:56:51 PM »

I just came across this lilttle tidbit, which naturally, jump starts my brain with questions...

I see people state " The image did not have copyright or the symbol on it anywhere", now I know that this is not required, what I just learned ( unless I'm getting bad info) is that before 1989 it was required..So my questions are...

1. What is the likelyhood that GI has any images in their library from before 1989?

I'd venture to guess there are some..if not many GI has been around for quite a while

2. What is the likelyhood that GI took the proper steps to keep these images out of the public domain when the law changed??

Knowing that "supposedly" Getty does not register most of their images, I would think, they probably didn't take these steps either..

3. Could some of these images in their Letters actually be in the public domain??

What I just read from Public Domain Sherpa ~ http://www.publicdomainsherpa.com/index.html
...."Although copyright notices are no longer required in the United States (as I mentioned above), they used to be. If the photograph was published before 1989, it needed a copyright notice. If it was published without one, it went into the public domain unless the copyright owner fixed the problem within a certain time.""

Thoughts, opinions, rebuttals??

2832

Getty Images Letter Forum / Re: Do not pay GettyImages - The BIG Bully!

« on: August 04, 2011, 04:44:10 PM »

This is where people get confused on these matters
1. google images is most definatley not "public domain"
2. just because there is no watermark means nothing copyright still exists

If my lawnmower in is my driveway, that doesn't make it public property, nor does it have my name on it, but it's still mine. Education is key here!! GI most likely won't file suit over 1 image, they will however be a thorn in your side..

2833

Getty Images Letter Forum / Re: Photographer responded to my email ....

« on: August 04, 2011, 10:59:53 AM »

"I would like to use a troll to find out if a little image I may use is indeed safe"

why take the chance and use anything??? either purchase the license to use the image, get written permission from a photog to use an image or buy a camera and make your own images. It scares me to think that you may still want to "use" any images after finding yourself here with the rest of us.

2834

Getty Images Letter Forum / Re: $9,000 for 1 image! Photo Attorney Extortion Letter by Carolyn Wright's law firm

« on: August 03, 2011, 07:39:40 PM »

He's a professional photographer, known for registering all of his images, and apparently has jumped on the bandwagon, by retaining well known IP attorney C. Wright. I wouldn't be surprised if he's using pic scout, as it seems in just the last few days his presence is brought to the surface with at least 1 suit filed and 1 letter sent from his attorney. I did some quick research and see that he has well over 1500 registered images and also a slew of collections registered. While I agree that photogs need to protect their work, I can't help but think this is way over the top and just another case of someone adopting GI business model.

2835

Getty Images Letter Forum / Re: $9,000 for 1 image! Photo Attorney Extortion Letter by Carolyn Wright's law firm

« on: August 03, 2011, 05:56:05 PM »

If it's Mcginnins you could be in for a battle..