361
Legal Controversies Forum / Re: Okay, this takes the cake...
« on: June 13, 2013, 02:22:46 PM »
So, spell it out DvG. Are you taking this where I think you are taking it?
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362
UK Getty Images Letter Forum / Re: SWEDEN: Letter from a law firm recieved!
« on: June 09, 2013, 04:42:44 PM »
Thanks Oscar! I find it interesting that Getty can do that. After all, if copyright law says that only one entity can hold the copyright, and all those firms are separate legal entities. I guess the lines get blurred when the name is the same, but the stock is different, or when a company in one country holds a good deal of the stock in a company in another country.
363
Getty Images Letter Forum / Re: Altered Image Case
« on: June 06, 2013, 03:27:25 PM »
I do not believe it matters what you say in the letter. They are going to keep coming at you to try and get paid. They will use tactics designed to scare you and get you emotional. I suggest that any letters you send should be business-like and make it clear that you wish to get this matter sorted out, but you do not wish to be harassed.
Think of it like this. Any letter you write, if it is to have value for you, that value will be in showing a judge that you are not a common thief and wanted to get to the bottom of this. I don't expect that it will go to court, but my 1.5 years on this forum lead me to the conclusion that most letters do not result in any real change in Getty's position or tactics. So position yourself, in the extremely unlikely event that this does go to court, to show that you are reasonable and they are not.
I am not a lawyer, but that is how I would handle your situation if I found myself in it.
Think of it like this. Any letter you write, if it is to have value for you, that value will be in showing a judge that you are not a common thief and wanted to get to the bottom of this. I don't expect that it will go to court, but my 1.5 years on this forum lead me to the conclusion that most letters do not result in any real change in Getty's position or tactics. So position yourself, in the extremely unlikely event that this does go to court, to show that you are reasonable and they are not.
I am not a lawyer, but that is how I would handle your situation if I found myself in it.
364
UK Getty Images Letter Forum / Re: Should I respond?
« on: June 06, 2013, 03:17:55 PM »
You are now in their process/system. It is designed to erode your patience and separate you from your money in the name of protecting the interests of their photographer partners. The statute of limitations is 3 years. It is your choice to respond or ignore them because they haven't provided the proof you requested.
It is doubtful that they would have the means to pursue everyone they send a letter to in court. They might lose money on each case. Try to step back to gain objectivity on the matter, then decide how you should best proceed for you. If there were a perfect formula, all the digital image trolls would be dead by now.
It is doubtful that they would have the means to pursue everyone they send a letter to in court. They might lose money on each case. Try to step back to gain objectivity on the matter, then decide how you should best proceed for you. If there were a perfect formula, all the digital image trolls would be dead by now.
365
Getty Images Letter Forum / Re: Altered Image Case
« on: June 06, 2013, 09:00:44 AM »
What I do not understand is that, if the images are sooooo different, why are you offering any settlement at all?
You clearly must believe they are the same, or do you simply feel giving them $100 is worth it to get them off your back? If that is the case, please send me your contact details as I too can use a free $100.
There is a chance that Douglas Bieker hasn't even looked at the images and that picscout may have made a mistake.
Or, did you or someone you know take the Getty image and modify it before publishing it?
You clearly must believe they are the same, or do you simply feel giving them $100 is worth it to get them off your back? If that is the case, please send me your contact details as I too can use a free $100.
There is a chance that Douglas Bieker hasn't even looked at the images and that picscout may have made a mistake.
Or, did you or someone you know take the Getty image and modify it before publishing it?
366
Getty Images Letter Forum / Re: Thoughts on my Response to Getty Images. Next step.
« on: June 05, 2013, 04:19:03 PM »
Robert is correct that you did throw yourself and your friend under the bus with that letter.
However, I would continue to re-iterate that a photo on their web site proves nothing, and continue to ask for the five items mentioned in your letter.
I would also make clear to them that you cannot consider this a legitimate request without those things. Lastly, I would tell them that any further communication on this matter without those things will be considered harassment. Let them know how you will deal with them for that harassment and then be sure to follow through. Do not make empty threats for they will see them for what they are.
As an alternative, if you don't want to get into the possible 3 year letter writing battle that may ensue, you should consider Oscar's letter program.
However, I would continue to re-iterate that a photo on their web site proves nothing, and continue to ask for the five items mentioned in your letter.
I would also make clear to them that you cannot consider this a legitimate request without those things. Lastly, I would tell them that any further communication on this matter without those things will be considered harassment. Let them know how you will deal with them for that harassment and then be sure to follow through. Do not make empty threats for they will see them for what they are.
As an alternative, if you don't want to get into the possible 3 year letter writing battle that may ensue, you should consider Oscar's letter program.
367
Getty Images Letter Forum / Re: Received letter saying Im a business
« on: June 05, 2013, 04:11:30 PM »
Spreading the word would sure help. And when they keep spreading the word, I would encourage any of your followers who are pursued to consider "turning up the heat" on Getty with letters to the appropriate:
- Attorney General
- Better Business Bureau, and
- Bar Associations.
368
Getty Images Letter Forum / Re: Received letter saying Im a business
« on: June 04, 2013, 05:39:22 PM »
Your options:
- You can pay
- You can fight or try to negotiate. Read "An Experiment against Getty" on this site for some ideas.
- You can hire Oscar under the letter program he makes available on this site and not worry about it.
- You can do nothing and hope/pray that they go away. They may not sue for one image, but they likely will harass you if you choose this option.
369
Getty Images Letter Forum / Re: Got the Getty Letter
« on: June 04, 2013, 04:04:49 PM »
Step 1: Educate yourself on this forum. A good place to start is "An Experiment against Getty".
Step 2: Don't do anything rash.
Step 3: Think about your alternatives and decide which is best for you. Basically, you can a) give in and pay up even though what they are asking is likely far, far more than you could have licensed image for, or b) choose to fight/negotiate. The statute of limitations is 3 years from the time they discovered the use. Do you have the stomach to deal with their harassment. or c) Sign up for Oscar's letter program. It likely costs less than settling with them and you won't have to deal with them for 3 years, or d) Ignore everything they ever send you and hope they don't pursue it because it is only one image.
Most of us on this board recommend b or c. But you must decide based on your specific situation and how you feel about the various alternatives.
Step 2: Don't do anything rash.
Step 3: Think about your alternatives and decide which is best for you. Basically, you can a) give in and pay up even though what they are asking is likely far, far more than you could have licensed image for, or b) choose to fight/negotiate. The statute of limitations is 3 years from the time they discovered the use. Do you have the stomach to deal with their harassment. or c) Sign up for Oscar's letter program. It likely costs less than settling with them and you won't have to deal with them for 3 years, or d) Ignore everything they ever send you and hope they don't pursue it because it is only one image.
Most of us on this board recommend b or c. But you must decide based on your specific situation and how you feel about the various alternatives.
370
UK Getty Images Letter Forum / Re: SWEDEN: Letter from a law firm recieved!
« on: June 02, 2013, 11:47:51 AM »
I wonder what Oscar's legal opinion on all this would be?
371
UK Getty Images Letter Forum / Re: Is your Getty letter legal?
« on: June 02, 2013, 11:43:32 AM »
Nicely thought out post!
Way to take it to them Beanpole!
Way to take it to them Beanpole!
372
UK Getty Images Letter Forum / Re: SWEDEN: Letter from a law firm recieved!
« on: June 01, 2013, 09:48:46 AM »
But I think Beanpole is referring to something different. Let's suppose the images in question were taken by a "stringer" or "staff" of Getty U.S. Getty U.S. is likely a different legal entity than Getty Sweden.
Can both legal entities hold the right to sue over copyright infringement?
Can both legal entities hold the right to sue over copyright infringement?
373
UK Getty Images Letter Forum / Re: First letter received today
« on: May 29, 2013, 10:23:37 AM »
Before you send that letter, I would suggest you spend some time reading through this forum. After all, the letter doesn't need to go out today, or even this week. There is a lot of information that will give you a much better feel about who your adversary is, before you respond.
You will also find some great ideas of things to include in your letter, and you will have a more realistic outlook on what their next steps will be.
You will also find some great ideas of things to include in your letter, and you will have a more realistic outlook on what their next steps will be.
374
Getty Images Letter Forum / Re: Getty letter about image included with commercial web design software
« on: May 29, 2013, 10:17:52 AM »
Good points, Jerry and Lettered.
I totally agree with your emotional response Aleksandor. However, you must realize, Getty doesn't really want to turn the tap off on this fountain of wealth that they have found. If so, they would address the causes (like the distributor of the objects you used). Instead, they like to wallow in the dirty money they can make by playing the law against the little guy. It is shameful, but that is the world we find ourselves in.
I totally agree with your emotional response Aleksandor. However, you must realize, Getty doesn't really want to turn the tap off on this fountain of wealth that they have found. If so, they would address the causes (like the distributor of the objects you used). Instead, they like to wallow in the dirty money they can make by playing the law against the little guy. It is shameful, but that is the world we find ourselves in.
375
Getty Images Letter Forum / Re: Got A Getty Letter Today
« on: May 28, 2013, 11:32:27 AM »
I like that. Finally, a case where Getty seems human. Please let us know if they ever come back at you for this same incident.
I also like the concept of "blame it on a minor" for simple web site infractions. I wonder what Oscar would have to say about their ability to pursue a minor for copyright infringement???
I also like the concept of "blame it on a minor" for simple web site infractions. I wonder what Oscar would have to say about their ability to pursue a minor for copyright infringement???
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