Messages

301

Getty Images Letter Forum / Re: Canadian Photogs Now Officially Own the Copyright to All of Their Photos

« on: November 19, 2012, 09:02:10 AM »

The key difference is that old Canadian law treated photographers differently. As the article states: "Previously, photographers were not automatically the first owners of their photographs when shooting commissioned work, but instead it was the individuals or businesses that commissioned the images who owned the copyrights. Section 13(2) of the Canadian Copyright Act specifically singled out photography as being different than other creative works." US law never made any such distinction and photographers always presumptively owned the copyright. This amendment just brings Canadian law in line with US law and they can still sign away their rights. Whenever I draft a "work for hire" agreement  for a client in addition to the usual work for hire language I include a clause that in the event any law or fact prevents this from being a valid work for hire agreement, then the artist also assigns, sells transfer any rights in any IP he creates to the other party and agrees to sign any documents necessary to cause that assignment, sale or transfer to happen. That way its either a work for hire or an IP assignment but either way, the guy paying for the commission of the work gets the IP rights. 

302

Getty Images Letter Forum / Re: Muso.bot: Another copyright bot for hire.

« on: November 19, 2012, 08:48:44 AM »

Thanks for the info lucia!

303

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 19, 2012, 08:38:20 AM »

Hey Wilson: Do not see any contact message from you. Please re-send or contact me directly at my law firm Cuomo LLC Thanks

304

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: November 07, 2012, 10:53:39 PM »

This should be helpful to the many other folks who are dealing with the issue!

305

Hawaiian Letters & Lawsuits Forum / Re: Attorney Larry Zerner & Vincent Tylor Extortion Letter

« on: November 07, 2012, 10:52:20 PM »

Great work again BuddhaPi! If I were mean, I would point out the numerous grammatical errors in his reply affirmation but I am not that kind of person. Anyone responding to this character's letter should just quote from his own article.

306

Getty Images Letter Forum / Re: Let´s start an international campaign

« on: November 07, 2012, 10:45:29 PM »

For all the years we have been involved with ELI , Matt and I have never been able to find a UK lawyer willing to do what  we do here on ELI. It's frustrating because we get some many inquiries about Getty UK letters and w cannot help them obviously since it arises out of the UK and involves British Copyright Law. We get many letters sent to us from Singapore, Canada, and other countries and we have tried to find local counsel willing ot get involved with us but to no avail.

307

Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network v. Aloha Plastic Surgery Lawsuit Settled

« on: November 07, 2012, 10:42:05 PM »

I was hoping this lawsuit would reveal some information about he "seeding" issue but what likely happened is that a federal judge did not want to waste time on a lawsuit over some digital images and pressed for a settlement.  Once the number gets to a nuisance level its hard for a defendant to resist putting up a small amount just to end the case and get back to their business. Most federal cases that settle involve confidentiality and sealing and the courts see that as a way of resolving cases more readily.  Plaintiffs may not want the world to know they brought a lawsuit and settled for $1,500 or defendants may not want the world to know they settled. I agree that it would be better if it was all in the open as Mulligan suggests but that would lead to more trials to "prove a point" and the system is too backlogged as it is. What many folks don't realize is that Federal judges also have an extensive criminal calendar which takes priority over civil cases and which occupies the majority of a judges time and docket. So they strongly prefer civil matters to go away quickly and quietly and whatever methodology makes that happen they are in favor of .

308

Getty Images Letter Forum / Re: Did I mess up?

« on: November 07, 2012, 10:29:58 PM »

Steph - Don't worry about not responding earlier. It is highly unlikely that you will be the first person Getty or McCormack sue over a single image. Because the image is not registered with the Copyright Office all they can ever get are their actual damages.  That means two things: (1) There is no legal basis to increase their demands as they cannot get legal fees, or expenses back in a lawsuit and whatever their actual damages are should stay the same no matter when anyone settles. (2) Because they can't get their legal fees it would be counterproductive to sue over a $1400 claim (and that number is inflated anyway). There's lots of info on the forums so spend some time reading and watching some videos to get more info. 

309

Getty Images Letter Forum / Re: Troll Busters

« on: October 27, 2012, 12:42:52 PM »

Love it!

310

Getty Images Letter Forum / Re: Johnathan Klein and Getty Images - Do As I Say, Not As I Do.

« on: October 27, 2012, 12:41:19 PM »

Wow, Greg and exhaustive and excellent piece of work!

311

Getty Images Letter Forum / Re: ELI Defense Team Grows Again! Welcome Greg Troy, Newest ELI Team Member!

« on: October 26, 2012, 09:10:00 PM »

Great post Jerry!

312

Getty Images Letter Forum / Re: ELI Defense Team Grows Again! Welcome Greg Troy, Newest ELI Team Member!

« on: October 26, 2012, 09:44:53 AM »

Welcome aboard Greg! Thanks for all the effort you have put into ELI! You should be aware that after one year as an official member you will get the key to the executive bathroom and an office with a window!

313

Getty Images Letter Forum / Re: Copyright Defense League Recruiting Extortionist Lawyers

« on: October 23, 2012, 12:32:37 AM »

Actually, just a few days ago I received a response that they feel there is no proof an attorney is involved so they are closing the investigation.

314

Getty Images Letter Forum / Re: Guest Post on Wordstream

« on: October 23, 2012, 12:29:49 AM »

Thanks Ryan. Your previous post on the topic sure raised a lot of comments and wrath.

315

Getty Images Letter Forum / Re: Jonathan Klein and Getty Images Know How to Treat Their Contributors – Not.

« on: October 23, 2012, 12:28:36 AM »

Great post Greg. Like all other media, digital images are now being controlled by large companies that smaller independent ones just can't compete with. Getty consolidated the industry by buying up all the small and not so small ones over time. With all those images and all that money, no one can match their distribution stream and reach.  Your picture has a greater chance of being in major media and getting exposure if its licensed through Getty than most other outlets. So most photogs put up with a lot to get that potential exposure. Looks like the ones that sued got some form of settlement and dropped it.