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Messages - Greg Troy (KeepFighting)

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376
Getty Images Letter Forum / Re: Got My Letter
« on: February 01, 2014, 01:14:01 PM »
Stinger has pretty much summed it up.

Read up in the forums and educate yourself before you do anything else, especially if you intend to contact them again.  Ask questions about anything you do not understand. 

Your situation reminds me of another user "puzzleguy".  You may find his thread informative.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/a-puzzling-situation/


377
So glad to see you back Matthew!

A huge thank you to Mr. McCormack for bringing Matthew back to the forefront.  I had given up asking when we would speak, so again thanks!

I am looking forward to your commentary and insight back on the forums.  Welcome back my friend! ;D

378
UK Getty Images Letter Forum / Re: Getty Screen Shot
« on: January 28, 2014, 08:10:22 PM »
It could be that Pic-Scout got the image a long time ago and someone is just getting around to looking at it.  I'm sure there is a huge back log of images needing to be looked at be a human for determination.

Long story short, there are so many images out there on sites that Getty and their ilk can send letters to that they don't need to make anything up.

379
TWT,

Could you please email me a copy of your first letter and your latest letter that is past the three year statute of limitation.  I already have one set of these out of Mr. McCormack's office. 

This information would help with my upcoming initiative greatly.  You can mail them to [email protected].  Also please indicate if you would like your personal information redacted out of the email/documents.  Thank you.

380
Getty Images Letter Forum / Getty Files 3 New Lawsuits over Single Images
« on: January 25, 2014, 09:19:28 PM »
First I want to thank Matthew Chan for bringing this to my attention. Apparently Getty has filed 3 new lawsuits against corporations (Don't know how big these are but I assume they are very small).

What is different about these lawsuits beside the fact that they are over a single image is the way the complaints are worded. Unlike Getty's complaints in the past which were many many pages long and extremely detailed, these complaints are only 6 pages long and appear to be "cookie cutter" or boilerplate complaints, meaning it is almost a form where the individuals information is inserted. One complaint does have two additional pages which is a copy of the registration.

In my opinion this strikes me as Getty testing the waters and going down the same route as Prenda did by filing cookie-cutter complaints and attempting to use the court system as a collection agency.

I only hope that Getty will pick on the wrong person in one of these people will pull Aloha Plastic Surgery on them in countersue so that we can force all of Getty's dirty little secrets out into the open. This will happen sooner or later and I can only hope it will happen sooner.

Here are the links to the 3 cases and dockets.

http://www.scribd.com/doc/202257287/Getty-v-FHL-Logistics-Inc-Complaint
http://www.scribd.com/doc/202257283/Getty-v-FHL-Logistics-Inc-Docket

http://www.scribd.com/doc/202257286/Getty-v-X5-Studios-Complaint
http://www.scribd.com/doc/202257284/Getty-v-X5-Studios-Docket

http://www.scribd.com/doc/202257285/Getty-v-Gestalt-Ventures-Inc-Complaint
http://www.scribd.com/doc/202257282/Getty-v-Gestalt-Ventures-Inc-Docket

381
Getty Images Letter Forum / Re: Question about precedent
« on: January 24, 2014, 07:22:06 AM »
I have to head off to work now, I will be posting the cases either tonight or tomorrow for you to review along with commentary.

Lucia not incorporated merely doing business as. Do we know if rlocke who posted about the suit over 1 image was an individual or corporation?

382
Getty Images Letter Forum / Re: Question about precedent
« on: January 23, 2014, 09:13:08 PM »
I anticipate quite a bit of information on Mr. McCormack;s Laugh-a-davit and amicus brief before to long so stay tuned.

Did a little research and found the following: (this concerns me a little)

Single Image suits filed by Getty.  All of these images had a certificate of registration and Gettu had the sole right to distribute these images.  McCormack's firm was not the filing firm, rather YARMUTH WILSDON PLLC out of Seattle.  However, McCormack posted the filings on jdsupra.com (along with the Georgia Court of Appeals ruling denying Michael Chan's motion to transfer the case to the Supreme Court - unrelated case but obviously McCormack has it in for Chan.  Also found it strange that McCormack filed an amicus brief in the case.)  I wonder if this means Yarmuth files all these complaints for McCormack and Getty or if Yarmuth is the firm to be concerned with if you get a letter from them instead of McCormack (assuming you are a business and not just an individual with a blog or something similar).

Florida
Logistics Company
http://www.jdsupra.com/legalnews/complaint-for-damages-getty-images-us-10259/

Website Development company
http://www.jdsupra.com/legalnews/complaint-for-damages-getty-images-us-10110/

Georgia

Website building company

http://www.jdsupra.com/legalnews/complaint-for-damages-getty-images-us-09710/

Arizona

Herzog Lawfirm (previously posted)

http://www.jdsupra.com/legalnews/complaint-getty-images-us-inc-v-the-05630/

383
Getty Images Letter Forum / Re: Getty filed a lawsuit against me
« on: January 23, 2014, 08:58:26 PM »
I will be posting the docs along with some commentary on Saturday.

384
Getty Images Letter Forum / Re: Question about precedent
« on: January 22, 2014, 09:33:55 PM »
If you got your letter from Mr. McCormack remember he is going to jack up the price on top of what Getty wants because he has to take the time to load that boilerplate form letter and insert your name and image details on it.

385
Getty Images Letter Forum / Re: Here I am... 2nd GettyImages letter
« on: January 22, 2014, 09:24:04 PM »
You have to look at your options and your situation and decide what's best for you.  Unless you can make them go away be prepared for three years of letters and threats.

386
Getty Images Letter Forum / Re: Getty filed a lawsuit against me
« on: January 21, 2014, 10:19:03 PM »
Yes, any information you can share would be very helpful.

387
Getty Images Letter Forum / Re: Here I am... 2nd GettyImages letter
« on: January 19, 2014, 08:17:06 PM »
I couldn't agree with Robert more, if you choose to engage them please do some research and educate yourself first. If you go with your initial statement it would be the same as telling a police officer yes I was speeding I'll see you in court.

As far as finding an image through a Google search please be aware that copyright exists from the moment a photograph is taken and in less the photo in question has fallen into public domain it belongs to somebody. You do not need to state anywhere that the images copyrighted or add a watermark to the image for the copyright to be in effect.

A good video you should watch is a tech crunch interview with Jonathan Klein where he discusses intellectual property. Jonathan Klein is the CEO and one of the founders of Getty images and he states that he is fine with people using his images up and to the point it becomes commercial and they start making money. Since you said your business is not charging anything yet you may wish to include this in any correspondence you have with Getty.


Also I would recommend doing all correspondence via written letter so you have a hard copy on their letterhead of everything that is said.

Please keep us posted.

388
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: January 15, 2014, 03:47:46 PM »
I agree with you JL, that a good faith effort should be made but I strongly recommend that no payment of any kind will be sent even if they agree to your amount without proof of claim.

389
Getty Images Letter Forum / Re: Question for Greg Troy
« on: January 12, 2014, 04:17:01 PM »
You do not need to worry about outing yourself, that decision could be risky and should be made after carefully reviewing your situation. I did it in my case for the reasons previously mentioned above.

Like you, I planned out all my actions step-by-step. I tried to outline all possible contingencies and plan out how I would respond to each up to and including the extremely unlikely event that I would be sued by Getty. For the last I had retained a local copyright attorney and let him know I was going to be handling this myself up to the point Getty sued me, I did keep him abreast of the situation in my actions and did use him once to try to offer signing a confidentiality agreement to get the information I had requested to continue negotiations.

Having everything planed out and ready to go takes 99% of the stress out of this unfortunate situation. When you know all you have to do after receiving a letter is to print out and send in the appropriate response. Quite often I was literally done within 10 minutes of receiving a letter from Getty. I think I did make them wait once or twice passed their artificial scare tactic deadline they imposed and let them know I refuse to be bound by or adhere to it,  I would take the time necessary to research and craft an appropriate response (I neglected to mention that all responses were already made and in the can waiting to be printed).

Once the stress is removed from the situation you can actually have some fun with it. I greatly enjoyed crafting the letter that was letting Getty no I was done with them since they refused to negotiate and their next correspondence to me without the proof I requested would result in the initialization of my complaint campaign. I included a rough draft of the complaint letter I intended to send out as well as a letter to forward to NCS Solutions shutting them down before they could even start.

I would also recommend knowing where you're going to be sending your letters to ahead of time. I go in an update my letters with new information and cases as needed and also check to make sure the addresses and where valid the person in office the letters addressed to is still there.

If you are receiving the letters from a lawyer you may wish to consider filing complaints against the lawyer and/or law firm. However, do not do this unless you truly feel what they are doing is wrong as a complaint to a Bar Association can affect that person's career and possibly the ability for them to practice law. Having said that if you do feel what they are doing is morally and ethically wrong then you can absolutely file complaints with the bar association(s) they belong to.



Thanks. That's very helpful to know.  Of all the solutions I have read here, I think I liked the way you handled it most.  I too believe in upholding the law and artists rights.  Also like you, I believe the negotiation should be fair, rather than an attempt to extort many times the actual value of an image.  I felt that you made a very honest attempt to settle with them at a fair price.

I do plan to fight back against BWP.  I have been laying out my own step-by-step strategy in dealing with them.  I know they are not Getty but many of the similarities lead me to believe that my responses to them can be tailored around successful past interactions with Getty.

At this stage, I have not planned to "out" myself just yet.  However, I believe that people do need to stand up to these practices.  I also plan to document and share at least portions of my experience for others to learn from.  I very much appreciated that you began a campaign of filing complaint letters to various authorities.  I have not yet experienced how or if BWP negotiates.  If it goes anything like Getty or other companies, I too will be threatening to, as well as following through with, send letters to the same authorities.  I plan to structure these letters very closely to the examples you and others have posted.  Any suggestions about specific wording changes you would make or things you have learned would be appreciated.

390
Getty Images Letter Forum / Re: Question for Greg Troy
« on: January 12, 2014, 11:51:42 AM »
Thank you for your kind words, they are much appreciated. 

You are also welcome for "being open" too. I did that for a couple of reasons. The first of which was to show Getty that I am not the typical extortion demand letter recipient and I chose to reveal my real identity here on the forum and bring my fight out in the open. I see benefits in doing it this way, a corporate bully may be a little more conservative in their approach to you if they know everything they say and do is going to be placed on the World Wide Web for everyone to see, the other reason was to show everyone else that you can fight back against an unethical $4.5 billion company whose business model is legalized extortion by being open, upfront and honest.

As far as the wording of my first letter goes, yes I probably would have worded it differently. While not a lawyer I do understand and respect copyright law and I do understand infringement is a statutory offense. I do believe that artists should be paid for their work as well. While I felt that Getty's approach to the matter was reprehensible and unethical, designed to instill fear and panic people into paying many times more than an image is worth out of fear of an eminent lawsuit I did in good faith try to negotiate with them. I still would have shown where the image was being claimed by Getty and another party, I still would have requested proof of Getty's claim prior to negotiation and if Getty would have simply provided me the proof requested (which I offered to sign a confidentiality agreement if needed to receive the proof requested) we could have settled the matter amicably. Getty's response to me trying to negotiate with them was to ignore my requests and threatened me with their legal department in legal action.

So to answer your question more directly I think I would have worded it differently but the content would have still been pretty much the same. Just like the complaint letters I currently have and keep updated should I ever hear from Getty, NCS, Mr. Timothy McCormack or anyone associated with Getty look different from the letters you read that I had already sent out in the past.  You evolve with age and knowledge and so do my letters.

If you choose to confront Getty make sure you mean what you say. If you tell them you will file a complaint(s) if they do not provide you proof or whatever you request make sure you follow through and do it. If you do not they will not believe you mean what you say and will keep pestering you until you either pay or your 3 years runs out. I told Getty exactly what I would do and I did it. After I receiving their "escalation" letter I made good my promise and file the complaints you read, while Getty did have to answer these complaints to date I have never been contacted by them again. I only have a little over a year to go before my SOL expires.

I hope this answers your question and helped you out and don't hesitate to ask if you have other questions.

Greg, I just finished reading all of your back and forth with Getty, all your complaint letters, and your 17 page forum thread about your experiment.  First of all, thank you for being so open and sharing all of that.  Now to my question.  Most people here say to offer as little information as possible.  It seems to me that in your initial letter to Getty, you offered a lot of information, including some background information on how you came to use the image that alerted them to you.  In retrospect, do you feel that you gave up too much?  Would you change that initial response after all the time you have spent here at ELI?

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