Messages

301

Getty Images Letter Forum / Re: Getty: terminated

« on: April 02, 2014, 11:21:19 AM »

I had not seen that about Uniloc.  Looks like it will be the battle of the trolls!

Another case that could be potentially devastating to Getty is a patent infringement case which if I read it correctly claims Getty's entire system of online licensing is based on patented technology which Getty has not licensed from Uniloc.

I'm afraid that, on general principle, I can't root for Uniloc - I trust you've seen the information here?
 
http://en.wikipedia.org/wiki/Uniloc

I suspect Uniloc are going to run into serious prior art issues here, as their patent was granted in 2000, which post-dates Getty Images' presence on the internet, not to mention other libraries such as Corbis.

Getty's retention of counsel from Perkins Cole LLP points to this as, although Patent, Trademark and Copyright law have some principles in common, litigating the issues are very different tasks. If I were in business at a relevant level, I'd retain separate specialist counsel for each branch of IP law.

Just my €0.02

302

Getty Images Letter Forum / Re: Announcement: ELI website sold to new owner

« on: April 02, 2014, 11:17:03 AM »

I know your uncle, he also has a really good deal on the Brooklyn Bridge too!

Matthew,

Is this an april fool day prank?

matthew would never do such a thing! it is in fact my uncle that is wiring the funds..he lives in Nigeria, and comes from Royalty.

303

Getty Images Letter Forum / Re: Getty: terminated

« on: April 02, 2014, 09:04:33 AM »

DvG,

Thank you, that explanation was very informative and helpful.

I have following the NFL case as well and downloading the key court documents as they become available, of course since this is a newer case there is not much available yet.

Another case that could be potentially devastating to Getty is a patent infringement case which if I read it correctly claims Getty's entire system of online licensing is based on patented technology which Getty has not licensed from Uniloc.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getty-images-sued-for-patent-infringement/
 

304

Getty Images Letter Forum / Re: Getty: terminated

« on: April 01, 2014, 02:40:32 PM »

Thank you for posting this.  Unless I am reading this wrong I see another issue.

You authorize Getty Images and Distributors at their expense the exclusive right to make, control, settle and defend any claims related to infringement of copyright in the Accepted Content and any associated intellectual property rights (“Claims”).

Here it says Getty has exclusive rights when it comes to making a claim on an image.

If Getty Images elects not to pursue a Claim, you will have the right to pursue it."

Then here they says you can pursue the claim if they don't want too.  How can it be both?  If Getty didn't want it and you pursued the claim in court and it was known that the image in question was in the Getty library could the point be made that you don't have the right to pursue that claim even though it is your image because you signed over the rights?

305

Getty Images Letter Forum / Re: Getty: terminated

« on: April 01, 2014, 09:56:32 AM »

DvG, thank you for sharing some of your reasons for leaving Getty Images.  I agree with you that the Morel case was bad but it's not the first case of Getty doing this.  The Rock Photo case was also recently (privately) settled.


I have a question about the contract if you don't mind.  If Getty decides to send out one of their settlement demand letters on an image and they receive payment does the photographer see any of that money or does Getty keep it all?

This has been a question we have been trying to figure out for sure for a while.  We had one letter recipient a while back who called the photographer after receiving a Getty letter to try and explain what happened.  He was told by the photographer that it was out of his hands because Getty had total control and that he would see a penny of it anyway.

I am a firm believer that artists should be compensated for their works, I disagree strongly with Getty's approach to this and their business model.  As hypocritical as Getty is it would not surprise me after making their claims that they must protect their artists that they keep all they money for themselves.

 

306

Getty Images Letter Forum / Re: Here's my letter and contribution

« on: March 30, 2014, 10:17:35 PM »

Welcome to the forum Caroline,  You letter is well written and makes valid points but be prepared for Getty to say it doesn't matter and continue to demand the money.

Please keep us posted.

307

Getty Images Letter Forum / Re: Getty: terminated

« on: March 30, 2014, 05:03:16 PM »

DvG, thanks for the update, we were wondering what happened to you.  I would be very interested in hearing which practices/what you uncovered that made you decide to leave.

308

Getty Images Letter Forum / Re: I am a frustrated and sick to my stomach Canadian!! Help!!!!

« on: March 30, 2014, 12:33:16 AM »

Yes, that is the USA, it is the Fair Debt Collection Practices Act or something close to it.  Matthew did a great post on it awhile back.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/fair-debt-collection-practices-act-(eli-highlights)/

Worth the read.

309

Getty Images Letter Forum / Re: 9th Circuit Decision

« on: March 28, 2014, 10:12:17 PM »

I agree, if there ever was a case of willful infringement it was this one.  If you willfully infringe you deserve what you get and I have no sympathy for them.

310

Getty Images Letter Forum / Re: 9th Circuit Decision

« on: March 24, 2014, 12:47:03 PM »

Might this also work against them too? Since Getty, Mr. McCormack and others like to state it is up to the letter victim to find out who holds the copyright, one could  make the point that it was impossible to find the copyright holder when the work is part of a "collection"

I will certainly incorporate this into the draft of the changes to the copyright we will be working on.  It needs to be addressed since there are two different ruling by two different federal courts.

311

Getty Images Letter Forum / Ron Raffaelli v. Getty Images Settled

« on: March 19, 2014, 07:49:41 PM »

I was checking for updates on a few cases I have been following in PACER and I noticed that the Ron Raffaelli (Rock Photo) case had been closed. 

If you do not remember/know of this case Mr. Raffaelli claimed that Getty Images knowingly and willfully purchased stolen images of his and then made them available for licensing.

The case was just settled on 03/04/2014 and just like the Aloha Plastic Surgery case we will never get to know what it was as both parties agreed to drop the case leaving the court with jurisdiction to enforce the settlement.  Getty as usual insisted on keeping the details private.

http://www.scribd.com/doc/213418051/64-0-Order

Getty has become a lawsuit magnet of late, they settled this case, they just lost the Daniel Morel case along with AFP to the tune of 1.2 Mil, they are being sued by sports photographers for thousands of images used without permission and they were just sued for patent infringement.  There are also at least two other cases ongoing right now as well.

I don't know how much more of this Getty can absorb before the whole company collapses in on itself.

312

Legal Controversies Forum / Elf-Man Could Be Very Big :)

« on: March 18, 2014, 11:26:31 PM »

I came across this ruling from the United States 9th District Court of the Western District of Washington and found it extremely interesting and a possible game changer. This is your typical greedy troll elf P2P case where Elf-Man, LLC filed “boilerplate” lawsuits against Does 1-152.

Read the entire story here:
http://copyrightantibullyingact.org/site/elf-man-case-could-be-very-big/

313

Legal Controversies Forum / Punishment Needed For DMCA Abusers Says WordPress, Me Too!

« on: March 18, 2014, 11:24:38 PM »

During a House Judiciary Subcommittee hearing on March 13, 2014 WordPress General Counsel Paul Sieminski spoke in-depth about the problems created from a flood of false DMCA takedown notices. The system is being used to curtail freedom of expression and significant resources are being used to deal with the false DMCA takedowns.

Read the full story here:
http://gettyimagesmustchange.com/site/punishment-needed-for-dmca-abusers-says-wordpress-me-too/

314

Getty Images Letter Forum / Getty Images Sued for Patent Infringement

« on: March 18, 2014, 11:22:20 PM »

I was cruising around in PACER this evening when I noticed this lawsuit filed against Getty Images on December 10, 2013 for patent infringement. I have not seen this covered anywhere else so my apologies if it is already been done but it seems that Uniloc USA, Inc. alleges Getty Images used their patented software which is “generally directed to an integrated rights management and licensing system for storing, researching, buying and selling intellectual property”

Read fully story here:

http://gettyimagesmustchange.com/site/getty-images-sued-for-patent-infringement/

315

Getty Images Letter Forum / Angry Sports Photographers Sue Entire NFL, Getty Images and Others.

« on: March 18, 2014, 11:20:59 PM »

Searching through PACER I came across this lawsuit filed on October 21, 2013 by several sports photographers against the NFL, all of its franchises, Getty Images and others. I do not remember seeing or reading about this lawsuit before so if it has already been covered I apologize.

Read full story here:
http://gettyimagesmustchange.com/site/angry-sports-photographers-sue-entire-nfl-getty-images-and-others/