Messages

346

Getty Images Letter Forum / Re: CEG Email?

« on: May 18, 2012, 06:00:15 PM »

I did not know about that site. I found this interesting: the chatter on that thread is about trying to drum up some racketeering charges and use the RICO statute to go after the trolls.

347

Getty Images Letter Forum / Re: CEG Email?

« on: May 18, 2012, 03:35:27 PM »

Wow, nice work AhhTheLetter. That's a great article and will hopefully spark more awareness.

The writer touched on another idea. I wonder if it would be possible to get LiLo's people involved in some way. Like he said, it was a pure fan site that had a positive view of the actress. I don't really think you are in any real jeopardy, so you don't need help. But maybe there would be interest in protecting fans.

Another thing: although CEG apparently has the right to enforce the photographer's copyright (or claim to), a celebrity also has a "right to publicity" and attempting to make money off of their likeness can land them in trouble. If you want to poke them a bit, your next letter could ask for copies of the agreement with the photographer and a release from the subject. I haven't seen these pictures, but I just wonder if AKM Images or CEG has a model release.

348

Getty Images Letter Forum / Re: GI Letter and 30 day preview agreement

« on: May 18, 2012, 12:33:12 AM »

Wow great find. I think your read on this is right. I think every single designer that uses Getty Image pics needs to be made aware of this.

349

Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Art Network v. Aloha Plastic Surgery (quick update)

« on: May 17, 2012, 12:54:38 PM »

Very good news indeed.

350

Getty Images Letter Forum / Re: My Position on State Bar & Attorney General Complaints Against Lawyers

« on: May 16, 2012, 04:46:45 PM »

No but you did drop the "jack wagons" bomb. I like it. I am now making that term a part of my every day conversation.

351

Getty Images Letter Forum / Re: Corbis Image $18,000 Fine ?

« on: May 16, 2012, 04:43:03 PM »

infoseeker, you do need to read up and get educated about copyright and how it pertains to this particular scam. Research how to determine IF an image is REGISTERED and whether or not it is part of a compilation.

That $18,000 for 5 images is just INSANE. I hope your client has the guts to fight this.

As far as responsibility, it's really hard to say. Did you select the company that used the images. Did you pay them on their behalf. I don't think Corbis would go after you. However the client possibly might if he pays them off. (Again, depending on the specifics.) Instead of focusing too much on your exposure, I would focus on what the status of each image is, if it can be found elsewhere, and how much Corbis really sells these images for.

I'd also try and see if the company in India has a license and what they intend to do on your behalf. (Good luck with that. Maybe a good reason to "buy American" in the future.)

352

Getty Images Letter Forum / Re: Copyright Notice from Youtube

« on: May 15, 2012, 05:04:05 PM »

Why would "somebody" waste time with a bogus DMCA complaint about that video. Have we not learned that stirring up the hornet's nest that is ELI = an unwise move?

353

Getty Images Letter Forum / Re: ELI Currently Exists Based On Annual Agreement Between Matthew & Oscar

« on: May 10, 2012, 02:29:12 PM »

The great thing about a community is that any one person can find a particular area of interest and focus on it.

My focus was, "Lets stop doing business with these troll companies and their affiliates until they change their business practices." So every chance I get I mention other options beyond Getty and Masterfile. I have convinced about a half dozen clients to stop using istockphoto and Getty images and switch to Pond5. I have spoken at several L.A.-area user group meet-ups about the practice of copyright trolls and what you can do to protect yourself. I'm sure to make it clear who these "bad actors" are and to suggest alternatives.

I also created and maintain a list of sites that claim to offer public domain or free-to-use images here at http://www.extortionletterinfo.com/forum/getty-images-letter-forum/list-of-public-domain-stock-footage-companies/. Although some feel these sites don't indemnify you if someone claims you are infringing on their image, I would point out that this is the same case with most (if not all) microstock companies.

Certainly better public relation tools would be a welcome addition. I'm sure if you put together great content, Matt can help you get it published. I guess we are all familiar with Nike's slogan by now...

354

Hawaiian Letters & Lawsuits Forum / Re: Hawaiian Artwork, LLC Files Lawsuit!

« on: May 10, 2012, 02:28:20 PM »

And at the very least they have to take time out from their schedules to draft a reply.

355

Getty Images Letter Forum / Re: New Getty Images Law Firm: Lee & Hayes Settlement Demand Letter

« on: May 09, 2012, 10:39:06 PM »

I'm curious what the demand amount is and for what images. It's interesting and telling that Daniel M. Wadkins can't bring the sum up and only references Getty's prior letters.

356

Getty Images Letter Forum / Re: CEG Email?

« on: May 09, 2012, 06:47:22 PM »

How is a hobby or celebrity fan site any different than a Pinterest or Tumblr page? You weren't selling prints or using it in marketing material.

No one can tell you what to do, but if it were me, I would firmly make my opinion known that I consider this fair use. I would explain that the entire concept of "fair use" is a rather gray area and they probably disagree with that assessment. However if they decide to pursue this matter I would make it very clear that I would become very proactive and very loud. I would mention friends at the EFF, news media and government agencies. I'd let them know that you are the type of person that would like to establish clarity on this issue and you are willing to go "all the way" to get that clarity.

Something like that.

357

Getty Images Letter Forum / Re: GI Letter and 30 day preview agreement

« on: May 09, 2012, 06:19:59 PM »

I wish more people that are customers (or potential customers) would call Getty, speak to their customer relations or sales departments and raise some hell. Newsflash: This is not how you engender customer loyalty, Getty. Maybe if enough people did this the word would get out to the Extortion (or Demand) Letter department and they would correct their behavior.

If it were me I'd yell at some sales rep and cancel my account.

358

Getty Images Letter Forum / Re: 2 Clients with Getty Letters

« on: May 07, 2012, 04:17:40 PM »

Congratulations BuddhaPi!

Now you can share your true feelings about what these troll-clowns are doing and help others with their problem without fear of repercussion.

Oh wait, you've been doing that anyway for the last 3 years and around a thousand posts. Still, I'm sure you're feeling good and dancing somewhat like Peeved illustrated. Only better.

359

Getty Images Letter Forum / Re: My proposed Getty letter response and settlement offer

« on: May 04, 2012, 03:23:42 AM »

The Safe Harbor clause of DMCA is tricky, but that's part of what I used to get Getty off my back. It may be hard to argue this if it was part of your site's theme or something you uploaded. However if it was uploaded by a visitor, then by all means use it.

This is a good article:
http://www.wired.com/threatlevel/2010/10/dmca-righthaven-loophole/

360

Getty Images Letter Forum / Re: A non-lawyer idea about "The Letter"

« on: May 03, 2012, 09:58:11 PM »

Hey Moe,

There is actually a thread on here somewhere pointing out some of the many, MANY sites these images are available on. I think the thread was called "Free Baitpapers". But don't stop posting as you get up to speed. All content is useful and you may have turned up even more of these sites.