Messages

301

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: November 17, 2013, 11:40:05 AM »

ideanj, you are getting excellent advice here.  I agree that you should not spend any money until they file a case or contact you.  This site has plenty of posts to tell you how to respond.

In the event that you need to hire an attorney, I would highly recommend Oscar based solely on what I have seen of his participation here.  Here is my reasoning.  We have seen lots of people on this site who go to their business lawyer or their family lawyer or a lawyer their friend recommended.  Usually, that lawyer does not specialize in digital image law.  Those lawyers recommend that the people settle - often without even getting proof that the troll has their i's dotted and their t's crossed.  Oscar knows this game.  I would feel very confidant with him representing me or my firm.  And he understands the economics from the customer's perspective.  So I don't expect that you will end up with lots of legal bills and then a settlement as well.  If for some reason you can't or don't want to hire Oscar, be certain that you hire an attorney who practices this type of law.  After all, you wouldn't go to a dentist for a bypass operation on your heart.

302

Getty Images Letter Forum / Re: Campaign to shed light on Getty's extortion tactics

« on: November 17, 2013, 11:23:13 AM »

Well said, Perplexed!

303

Getty Images Letter Forum / Re: Got the Getty extortion letter grrrrrrrrrrrr

« on: November 13, 2013, 09:53:40 AM »

Take the time to read Greg's links.  I am particularly fond of the last one - although it is a long read.  It will give you a good feel for who is messing with you. 

304

Getty Images Letter Forum / Re: Getty Response to my Response

« on: November 13, 2013, 09:48:47 AM »

Try not to worry about it too much.  The chances of them taking either of you to court over one image are terribly small.

305

Getty Images Letter Forum / Re: Got the Getty extortion letter grrrrrrrrrrrr

« on: November 12, 2013, 04:35:46 PM »

You do NOT have to retain an attorney, unless they file suit - which they are unlikely to do. 

They make it sound expensive, so paying them seems like the cheap solution.  If you do retain an attorney, make sure you hire one that specializes in this type of law.

Oscar's letter program is a very good value for those who do not have the stomach to fight back.  But Lucia and Robert have given you some very good advice.  When I read it, it screams YOU DO NOT HAVE TO HIRE AN ATTORNEY OVER THIS ISSUE NOW AND YOU WILL LIKELY NEVER HAVE TO.

It takes a while to step back far enough to realize that this letter program is a business for Getty and they put that business at risk by taking people to court.  The letters sound scary, but be sure to step back far enough to see it for what it really is, before doing anything.  That way you are less likely to do something you might later regret.

306

Getty Images Letter Forum / Re: Another tale of attempted extortion

« on: November 11, 2013, 05:20:38 PM »

Congrats!...  But bear in mind that these things tend to go in cycles.  They likely will come back to it, in the hopes that they catch you in a "Generous" frame of mind.

307

Getty Images Letter Forum / Re: Got the Getty extortion letter grrrrrrrrrrrr

« on: November 11, 2013, 02:16:32 PM »

I am not a lawyer but I believe that the statute of limitations may be your friend here.  The statute runs three years from the time that Getty first discovered the "illegal" use of the image.

My advice is to save the oldest sample letter you have.  That date would mark the latest possible date from which the statute could run. 

You should take your time and read as much of this forum as you can to get educated on the issues.  Do Not rush to do something because of some arbitrary deadline or threat that they pose.  These are artificial, but they make them sound real and threatening.

Your options will readily become apparent as you get educated.  Most people, willing to fight, choose one of the following three:

• Do nothing - Ignore their attempts to communicate with you and let the statute of limitations put an end to this game.
• Write back, using snail mail, (to build a file in case this ever goes to court) asking them to prove that they control the image in question and that they are asking a fair and reasonable price.  They usually talk around the subject in an attempt to get you to pay, but they often raise the ire of people like you leading to complaints with the Better business bureau, congressmen, various legal bars and associations.  These complaints do reflect poorly on them, and it is the hope of many on this forum that one day the sum total of these complaints will get someone in power to change the laws and put an end to this practice.
• Ante up $200 and enroll in Oscar's letter program.  You will likely never hear another thing from Getty, their attorneys, or their collection agencies.

Only you can decide which of these options is best for you.

308

Getty Images Letter Forum / Re: Pinterest New Relationship With Getty Images

« on: October 27, 2013, 06:03:10 PM »

My bet is that Getty gets paid for their contract with Pinterest, but the photogs get the shaft.

309

Getty Images Letter Forum / Re: Verification that I am understanding what I can do

« on: October 24, 2013, 05:42:20 PM »

I am not a lawyer, but I am not sure that I would give Getty too much credit here.  Perhaps those who better understand all the different types of digital image licensing can comment.

My thought is that a signed model release means that whoever is pictured in the image has signed a release to allow their image to be used.  It does not necessarily mean that the copyright is registered or that Getty even has the right to negotiate on the behalf of the photographer.

So my thinking is that even though the person(s) depicted may have granted the photographer the right to use their image, that does not mean that Getty has the right to pursue their claim.  That is something I would make them prove to me - were I in your shoes.

310

Getty Images Letter Forum / Re: I've never seen this picture before??

« on: October 21, 2013, 03:20:20 PM »

If you ever get to the bottom of how Getty found this image and attributed it to you, this may be a Gettyflub and any information learned my be useful to anyone on this site who may some day wind up in court with Getty.

My thought is that their process is (might be) flawed.  If so, failure to correct said flaw, might help in proving a case of extortion against them someday.

311

Getty Images Letter Forum / Re: What if the image is being sold on other sites

« on: October 20, 2013, 11:51:06 AM »

They make it all sound very legal, buy Getty is really arguing around the point.  They are telling you what they think will coerce you to pay.

No one should ever have to pay anything without a "proof of claim".  Getty is talking around this issue.  They are trying to get you to incriminate yourself.  Don't be deceived because they try to sound like lawyers.  All cases are lost by one side.  Me thinks they are on the losing side of this one.

312

UK Getty Images Letter Forum / Re: sxc.hu is owned by Getty

« on: October 18, 2013, 12:10:04 PM »

Sounds like their m.o.  But of course they may have done it across a company re-organization so that they have plausible deniability that they did nothing wrong in cases like yours.

313

UK Getty Images Letter Forum / Re: First letter received today

« on: October 17, 2013, 10:52:20 AM »

I am not really an expert on Euro-law, but it seems like, if the company is out of business, there really isn't anyone to pursue.  Are there any Euro solicitors out there who can comment on this idea?

314

UK Getty Images Letter Forum / Re: Escalation to Astradius Letter

« on: October 09, 2013, 05:27:29 PM »

Some people like to respond to set up a paper trail in the unlikely event it should ever get to court.

Some people like to ignore so they are guessing and playing in the dark.

Choose which you will feel more comfortable with.  But if you choose to respond, do it only in writing with registered mail.  NO email.  It's too easy for them.  And they can claim they never got it.

315

Getty Images Letter Forum / Re: How many corporations get these?

« on: October 09, 2013, 04:37:21 PM »

In any case Tinycorp, you should refrain from dealing with them via email.  Registered snail mail is the only way to go.  That way they can never say that they didn't hear from you.