Messages

376

UK Getty Images Letter Forum / Re: Getty have asked me to prove I am a student??

« on: May 23, 2013, 11:14:03 AM »

I recommend you do some research in this forum.

I do not expect that Getty will waive any fees - only lower them and not by enough.  Your choices are:

• Pay what they ask.
• Choose to fight it yourself.  The statute of limitations runs 3 years and they will stay on you over this period
• Hire Oscar for $200 through the defense letter program

I personally chose option 2.  After watching the activity of this board for almost 1.5 years, I think I made the correct choice for me.  If Getty should escalate, I can always hire Oscar.  I cannot for the life of me, see myself writing a check to Getty or McCormack Legal.

A good place to start might be "An experiment against Getty".  This is a very long thread, but will give you an idea of their tactics, and what fighting yourself might look like.

Recommendations:

• Do not deal with them by phone or email.  Keep everything in letters, in case you some day end up in court.
• Get educated, choose your strategy, and execute.  The members of this board will provide you a good sounding board in case you are unsure of your next step.
• Let them know that not only are you a student, but that you are flat broke.  They are not in this for any greater good - only the money.  They are smart enough to know that they cannot squeeze blood out of a turnip.  This will not stop them from pursuing you, in case you suddenly become flush with cash, but it may ease the burden of their pursuit.

Keep us posted on your progress.

377

Legal Controversies Forum / Re: The NYT illustrates how not to take a compliment

« on: May 23, 2013, 08:58:05 AM »

Some lawyers just can't see the forest through the trees.

378

Legal Controversies Forum / Re: Prenda blows sanctions deadline, ordered to pay an extra $1,000 per day

« on: May 22, 2013, 04:56:25 PM »

Nice!

379

Getty Images Letter Forum / Re: Oscar Michelen Defends Chaga Against $6 Million Masterfile Lawsuit

« on: May 22, 2013, 04:09:28 PM »

Nice job Oscar!

Matt, it is good to see you back on this forum, even if it is only in the role of Oscar's publicist.   

I agree with everyone, that this defendant looks guilty as all get out.  Yet, the numbers being bandied about are outrageous.  If this industry doesn't get some sense, it may as well collapse.

380

Getty Images Letter Forum / Re: email from NCS for Getty - never received mail

« on: May 16, 2013, 02:54:43 PM »

The statute of limitations is 3 years, and they will take every opportunity to pester and hound you over that time period.

The question of whether you should "lay low" or go with the letter program is up to you.  How bothered will you get by their pestering and hounding.  Is it worth $200 to you to not have to deal with this for a little over 2.5 more years?

381

UK Getty Images Letter Forum / Re: Copyright, Designs and Patents Act 1988

« on: May 14, 2013, 08:45:48 AM »

Well said Couch_potato!

DavidV, most of us on this forum agree with you in principle.  Where we disagree is where the "rubber meets the road".  The theory of what Getty does is fine.  That is why they have gotten away with it as long as they have.  The practice, on the other hand, clearly reveals their motives, and is the single largest reason this forum exists.

382

Getty Images Letter Forum / Re: Getty Images files suit over single image

« on: May 08, 2013, 03:45:27 PM »

I agree that the case is a setup.  They are going to use it for one of three reasons:

• They can cite it in their letters as a recent case to try and scare troll victims.
• They need it on the books to fight all the fraud complaints with the BBB, AG, and various bar associations which state they threaten to sue, but never do, so it is fraud.
• They want it on the books so they can cite it in future cases in the event they get in front of back water judges like those one sometimes finds in small court jurisdictions like GA.

I am just not sure which reason is why they put this "setup" case together.

383

Getty Images Letter Forum / Re: Getty and Jupiter Images

« on: May 07, 2013, 10:33:13 AM »

Edward, although the circumstances of your case are different than many, you are not the first person on this forum who believes that it appears that Getty has changed their licensing models with respect to images over time.

If you look at their corporate history, the licensing models and web site from which they license are not that stable.  As a corporation, first they are public, then private (in some people's minds a move made to quell stockholder lawsuits), then public again.  Over the years certain images appear as free with tools software and screen savers, then suddenly become rights managed.  Getty itself restricts access to certain pages of their business website through certain years on archive.org.  This move alone can only make one ask, "What are they hiding?"

I agree wholeheartedly with Greg.  If you have the license, tell them you do and to stop wasting your time.  Tell them you will bill them for any more time wastes.  When they ask you to produce the license, you can ask them to first produce proof that the images are registered and that they hold the rights to pursue copyright on those images.

Remember, you are innocent until proven guilty.  They have provided you no proof of their standing, only claims.  Their business practice of "you are guilty until proven innocent" is atrocious.  Many of us agree that it is something they should have to pay dearly for some day.

If you do not want to fight them, Oscar's letter program will give you peace of mind for a much lower price than they will ever settle for, and get them out of your hair.

384

Getty Images Letter Forum / Re: Settlement demand for images from an RSS feed (gettyimages)

« on: May 02, 2013, 08:40:04 AM »

Couch_Potato, I think that is a question for the courts to answer, but filing a suit is expensive, time consuming, and risky.  If they get a judgement in their favor, they can become even more of a monster.

I suggest you, and anyone else on this forum who feels they have been lied to by lawyers seeking to collect money, pursue the extortion issue with the Washington State Bar Association.  It is my understanding that others on this board have found that extortion does violate the Washington Supreme Courts Rules of Professional Conduct (RPC) and therefore falls within their jurisdiction.

385

Legal Controversies Forum / Re: Time for Patent Reform: Key Lawmakers Take Aim at Trolls

« on: April 30, 2013, 08:52:37 AM »

I hope they take a little broader view than just patent trolls.

386

Getty Images Letter Forum / Re: Complaint with BBB

« on: April 26, 2013, 10:23:01 AM »

BBB is not going to make Getty stop communication, but keeping a complaint open on file with them will hurt their business some.

387

UK Getty Images Letter Forum / Re: Copyright, Designs and Patents Act 1988

« on: April 24, 2013, 05:09:28 PM »

You may very well be correct DavidVGoliath.

The reason that I share Couch_potato's suspicion may just be how easily someone looking at Getty's RF page suddenly is presented with images that are RM.  I know, it says right there on the page that they are RM.  But if you are not looking for that, and you are simply looking for images, you can be surprised.

There is nothing to overtly signal that I have left the RF page and am now shopping through RM images.  In fact, they seem to be mixed together.  I will admit that Getty's website today is far clearer at pointing some of these things out that it was in the past.  But it is still not where it should be if they truly want to be in the business of licensing images.  But it was much much worse back in 2008, and 2007, and 2006, and 2005, and before.  And they have obfuscated that fact by denying archive sites the right to archive their RF page prior to 2009.

I believe that it where the seed is planted to grow suspicions like mine and Couch_potatos.

388

UK Getty Images Letter Forum / Re: Copyright, Designs and Patents Act 1988

« on: April 24, 2013, 02:51:20 PM »

Couch_potato, I share your suspicion.

389

Getty Images Letter Forum / Re: Received a Getty letter without any reference to the image(s) in question

« on: April 22, 2013, 02:01:22 PM »

If you wish to fight it yourself, you could ask.  I would not do so by phone or email, only snail mail.  That preserves a record for you and nobody can claim that they didn't receive an email or twist words around that might have happened in a phone call.

If you are definitely going to hire Oscar, anyway, there is no need to waste your time writing a letter.  I am fairly certain that process will result in them finding an image they claim rights to.

390

Getty Images Letter Forum / Re: new image bot/spider/scraper

« on: April 20, 2013, 11:16:06 AM »

Thanks for those thoughts, Lucia.