286
Getty Images Letter Forum / Re: Latest on Getty Single Image Lawsuits?
« on: May 06, 2014, 10:37:39 PM »
Thanks for the update on this Oscar.
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287
Getty Images Letter Forum / Re: Getty Letter but Image was retrieved from Public agency Website
« on: April 30, 2014, 05:10:16 PM »
It all depends on you and if you want the possibility of dealing with them for three years, however Getty tends to want to go after the easy prey and people who fight back are not what they want to deal with.
You case is a little different though since the site had the images clearly marked they were copyrighted and it was not one of the "Free" image sites. In your case I am still in favor of reaching a reasonable settlement (what the artist would charge) but again, on the condition they provide proof.
http://www.scribd.com/doc/103914489/1-3-letter-to-getty-04-25-12-redacted
If you use Oscar's program Getty may no longer contact you but the results may be the same, Getty declining your offer and it sits at a stalemate until the 3 year SOL runs out. (I can not speak for Oscar or his program though).
If you do it yourself and it comes to filing complaints, be sure to let them know that if you hear from Mr. McCormack's office and his letter does not contain the requested proof you will file complaints against him with the same agencies plus a set to the Washington, Oregon and Idaho State Bar Associations where he is licensed to practice law.
Again, I did this and also sent follow letters after Getty responded outlining the areas of my complaint Getty failed to address, where they had their facts wrong and where they just outright lied. After having to deal with this I have not heard a peep from them in almost two years now.
You case is a little different though since the site had the images clearly marked they were copyrighted and it was not one of the "Free" image sites. In your case I am still in favor of reaching a reasonable settlement (what the artist would charge) but again, on the condition they provide proof.
http://www.scribd.com/doc/103914489/1-3-letter-to-getty-04-25-12-redacted
If you use Oscar's program Getty may no longer contact you but the results may be the same, Getty declining your offer and it sits at a stalemate until the 3 year SOL runs out. (I can not speak for Oscar or his program though).
If you do it yourself and it comes to filing complaints, be sure to let them know that if you hear from Mr. McCormack's office and his letter does not contain the requested proof you will file complaints against him with the same agencies plus a set to the Washington, Oregon and Idaho State Bar Associations where he is licensed to practice law.
Again, I did this and also sent follow letters after Getty responded outlining the areas of my complaint Getty failed to address, where they had their facts wrong and where they just outright lied. After having to deal with this I have not heard a peep from them in almost two years now.
288
Getty Images Letter Forum / Re: Getty Letter but Image was retrieved from Public agency Website
« on: April 30, 2014, 02:25:12 PM »
norther CAL,
Thanks for providing the link, the copyright is clearly listed under all the photos. Since you have been to the photogs site I would make Getty an offer of a comparable price from the photogs site and refuse to go higher with out them showing past sales history that the images sells for that price.
Also I would make any offer contingent on Getty providing proof of their claim. They are sending you in invoice without showing they have the right to collect on the images in question. Getty will tell you that they will not provide proof except through disclosure (we'll show you when we sue you). If Getty continues to demand payment with out providing proof I would consider filing a complaint with the Washington State Attorney General's office.
Think about it would you be willing to pay anyone who told you that you owed a large sum of money yet refused to make an account for the invoice then tells you I show you when I sue you now pay me?
I tried in good faith to negotiate with Getty and they refused and sent me the "Final Warning" letter so I filed complaints with the AG, BBB, FTC, my congressman and senator and never heard from them again after that. You can read what was done here along with copies of all letters and complaints filed.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
Hope this helps, keep reading the forums and ask questions. Keep us posted on what you do please.
Thanks for providing the link, the copyright is clearly listed under all the photos. Since you have been to the photogs site I would make Getty an offer of a comparable price from the photogs site and refuse to go higher with out them showing past sales history that the images sells for that price.
Also I would make any offer contingent on Getty providing proof of their claim. They are sending you in invoice without showing they have the right to collect on the images in question. Getty will tell you that they will not provide proof except through disclosure (we'll show you when we sue you). If Getty continues to demand payment with out providing proof I would consider filing a complaint with the Washington State Attorney General's office.
Think about it would you be willing to pay anyone who told you that you owed a large sum of money yet refused to make an account for the invoice then tells you I show you when I sue you now pay me?
I tried in good faith to negotiate with Getty and they refused and sent me the "Final Warning" letter so I filed complaints with the AG, BBB, FTC, my congressman and senator and never heard from them again after that. You can read what was done here along with copies of all letters and complaints filed.
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/
Hope this helps, keep reading the forums and ask questions. Keep us posted on what you do please.
289
Getty Images Letter Forum / Re: Getty Letter but Image was retrieved from Public agency Website
« on: April 29, 2014, 11:10:42 PM »
Can you post a link to the image in question on the public site. I can give you a better response after looking at the site.
Yes, nothing has changed you can still do a support call with Matthew or you can enroll in Oscar's defense letter program.
Yes, nothing has changed you can still do a support call with Matthew or you can enroll in Oscar's defense letter program.
290
Getty Images Letter Forum / Re: Ongoing List of Copyright Trolling Firms and those associated with them
« on: April 16, 2014, 10:07:04 PM »
Welcome to the newest Getty Copyright Compliance Specialist Sam Brown. I found him while going through the latest set of Attorney General complaints filed against Getty Images and McCormack IP Law.
291
Getty Images Letter Forum / Getty Contributor Agreement V4.2
« on: April 12, 2014, 06:34:21 PM »
This copy of the Getty Contributor Agreement was anonymously provided to us for use by a former Getty contributor.
After a quick read it looks to me as if the contributors are signing over control of their work for very little share of the profits.
http://www.scribd.com/doc/217860048/Getty-Contributor-Agreement-V4-2
After a quick read it looks to me as if the contributors are signing over control of their work for very little share of the profits.
http://www.scribd.com/doc/217860048/Getty-Contributor-Agreement-V4-2
292
Getty Images Letter Forum / Re: 4th Getty Letter
« on: April 08, 2014, 09:48:30 PM »
Not a problem, please keep us updated. 
293
Getty Images Letter Forum / Re: 4th Getty Letter
« on: April 08, 2014, 08:11:40 PM »
My biggest issue with them is they send out an invoice yet refuse to show they have the rights to collect on an image. To me there is no point in trying to negotiate with someone who won't produce supporting documentation to their claim. Getty's response is always we'll show you when we sue you.
Once you get past that I do feel that IMO Getty, MasterFile, Corbis et al do ask for more than the image is worth and more than they could win in court (based on the truly innocent infringer).
Once you get past that I do feel that IMO Getty, MasterFile, Corbis et al do ask for more than the image is worth and more than they could win in court (based on the truly innocent infringer).
294
Getty Images Letter Forum / Re: 4th Getty Letter
« on: April 08, 2014, 04:50:51 PM »
No, I would not personally pay 700. If Getty were to provide proof of claim I would try to negotiate in good faith with them and reach a reasonable settlement.
I seriously doubt that Getty will provide proof so it is most likely a moot point.
I seriously doubt that Getty will provide proof so it is most likely a moot point.
295
Getty Images Letter Forum / Re: Here's my letter and contribution
« on: April 08, 2014, 04:46:07 PM »
If they should have NCS Solutions call you or your client just let them know that it is a disputed claim and not a debt, you are dealing with Getty and not to contact you again or you will file a complaint with the FTC.
296
Getty Images Letter Forum / Re: 4th Getty Letter
« on: April 08, 2014, 12:44:45 AM »
700 for one month? What was this a picture of?
I would still want to see proof that they have a signed contrast giving them the rights to license the image and collect on behalf of the artist. It has been shown that Getty has licensed and/or collected on images they don't have rights to or even permission to use. Agence France Presse v. Morel and Ron Raffaelli v. Getty Images.
Would you be willing to scan and email me a copy of your Getty letters, especially the one with the 700 for one month calculation. I can redact any and all personal information from it. I am working on changing the current copyright law and I would like to include this in the information when I send it to congress. My email address is [email protected].
I would still want to see proof that they have a signed contrast giving them the rights to license the image and collect on behalf of the artist. It has been shown that Getty has licensed and/or collected on images they don't have rights to or even permission to use. Agence France Presse v. Morel and Ron Raffaelli v. Getty Images.
Would you be willing to scan and email me a copy of your Getty letters, especially the one with the 700 for one month calculation. I can redact any and all personal information from it. I am working on changing the current copyright law and I would like to include this in the information when I send it to congress. My email address is [email protected].
297
Getty Images Letter Forum / Re: Getty: terminated
« on: April 04, 2014, 12:48:37 PM »
Agreed, patent trolling is far more costly than copyright trolling and that is why congress has had several hearings on it, many more so than they have had on copyright trolling (which I am trying to change). My ultimate goal is to see companies like Getty Images and McCormack IP Law either change their practices voluntarily or be forced to by a change in the copyright law. I would like the copyright law to not only protect the artists and their works but protect the innocent/non-willful infringer from copyright bullying and extortionist practices. There should be a fair amount in these cases (1200.00 for a sprinkler head is WAY out of line) and punishment for these businesses should be equal to punishment for willful infringers.
I figured you'd have that opinion, Greg
Patent abuse is an ugly thing, especially when companies cease to innovate and simply sit back and strong-arm the competition through legal process, especially when there are very compelling cases for prior art which would invalidate the patent.
It's also disappointing when some companies use their patents as a means to stymie would-be competitors in the marketplace (I'm looking at you, Apple & Samsung) - as if it's not enough that they can be successful, they have to actively destroy their rivals.
On a personal level, I'd far prefer if Getty were stung by those they claim to represent: creative artists. I have a feeling that the NFL case will be one such blow. What worries me is that, in the light of these actions, creatives still support Getty by funneling their work through them. That's the part that confuses me the most.
298
Getty Images Letter Forum / Re: Help from the Eli Community Needed
« on: April 04, 2014, 11:05:59 AM »
Thank you Robert! We now have the cost of the documents covered. I am hoping to hear from the SEC very soon as the time specified in their last communication is almost here.
Once I receive the documentation I will go through, get it scanned and make it available for all.
I will try and keep you all updated as to where we stand and what is still needed.
Total - $1200.00
Need - $0.00
Thank you to confirmed contributors for your help and support:
Jerry Witt
Stinger
Greg Troy
Oscar Michelen
Peeved
Khan
April Brown
Mulligan
Bernicem77
Matthew Chan
Robert Krausankas
Once I receive the documentation I will go through, get it scanned and make it available for all.
I will try and keep you all updated as to where we stand and what is still needed.
Total - $1200.00
Need - $0.00
Thank you to confirmed contributors for your help and support:
Jerry Witt
Stinger
Greg Troy
Oscar Michelen
Peeved
Khan
April Brown
Mulligan
Bernicem77
Matthew Chan
Robert Krausankas
299
Getty Images Letter Forum / Re: Help from the Eli Community Needed
« on: April 04, 2014, 12:56:59 AM »
Thank you Matthew for your kind words and support!
I will try and keep you all updated as to where we stand and what is still needed.
Total - $1085.00
Need - $115.00
Thank you to confirmed contributors for your help and support:
Jerry Witt
Stinger
Greg Troy
Oscar Michelen
Peeved
Khan
April Brown
Mulligan
Bernicem77
Matthew Chan
I will try and keep you all updated as to where we stand and what is still needed.
Total - $1085.00
Need - $115.00
Thank you to confirmed contributors for your help and support:
Jerry Witt
Stinger
Greg Troy
Oscar Michelen
Peeved
Khan
April Brown
Mulligan
Bernicem77
Matthew Chan
300
Getty Images Letter Forum / Re: Announcement: ELI website sold to new owner
« on: April 02, 2014, 01:21:48 PM »Official ELI Help Options |
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program |
| Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters. |