Messages

376

Getty Images Letter Forum / Re: Collection phone calls from collection lawyers

« on: June 20, 2012, 09:01:28 PM »

The issue of bulk registration has so far always been decided in favor of our position - that is, that it does not provide protection to the individual images within the bulk registration. We are waiting for the Ninth Circuit (Appellate Court covering the West Coast, Hawaii and Alaska) to decide the issue on appeal.  Just yesterday, all our papers were submitted in the California case Masterfile v. Chaga where we made the same argument.  Part of the argument is that the purpose of registration is so you can locate copyrighted works to avoid infringing them.  These compilation registrations don't list the names of the photos or even all of the photographers most time.  The Copyright Office has been letting the digital image warehouses to just upload CDs with thousands of images on them. 

377

Hawaiian Letters & Lawsuits Forum / Re: Copyright Services International / HAN Case

« on: June 20, 2012, 08:50:13 PM »

One things for sure, Moe, we know his name wasn't "Eli."

378

Getty Images Letter Forum / Re: A Message From KeepFighting

« on: June 20, 2012, 08:48:18 PM »

Greg:  It's great to meet you and thanks for revealing your identity. I do want to say that whether you choose to give your name or remain anonymous those folks who post frequently and thoughtfully have made this forum so valuable and content-laden that it is second to none on this topic. So while I agree that its "the more the merrier" as far as giving out your name, but the most important thing is to contribute your story and your thoughts about battling copyright trolling.

379

Getty Images Letter Forum / Re: Getty Images Extortion Letter with Sales Tax

« on: June 17, 2012, 07:08:23 PM »

Will start to have my office keep a lookout for "tax added" letters

380

Getty Images Letter Forum / Re: Tape Recording Conversations

« on: June 17, 2012, 07:07:39 PM »

Peeved - great find from the old Laugh-In show. As usual, SG is on the money with his response. If you always say that the conversation is being recorded (and have that be recorded as well) you will be covered if they elect to continue to talk to you after having heard the message.   

381

Getty Images Letter Forum / Tape Recording Conversations

« on: June 17, 2012, 03:19:48 PM »

Dear Forum Members:

On Friday, June 15, 2012, I received a letter from Tim McCormack, one of Getty Image's regular attorneys, informing me that folks on the forums have been suggesting tape recording conversations with him and his staff. I have not seen those suggestions on here, but in an exercise of caution I want to make clear that you cannot tape record a conversation in Washington State (and that means if EITHER party is in Washington State during the conversation) without the consent of BOTH parties to the conversation. While most states are one-party consent states, Washington is one of a handful of states that is a two-party consent state. Recording a conversation in a two-party consent state without one party's consent is a crime, normally called eavesdropping. 

So please, please, be careful about recording conversations unless you KNOW where the other person is and what the law is in that State (and the State where the call is coming from) say about whether you need one or two party's consent. Here is a link to a chart showing the law for each of the 50 states:

http://www.aapsonline.org/judicial/telephone.htm

382

Getty Images Letter Forum / Re: Special ELI Video Updates with Oscar Michelen

« on: June 17, 2012, 02:34:22 PM »

Thanks for all the positive comments. Just because I occasionally "cringe" doesn't mean that I am out to stifle anyone from doing what they feel is the right way to attack this problem. 

383

Getty Images Letter Forum / Re: Class action suit filed against “Getty Images Master Delegate” in Israel.

« on: June 17, 2012, 02:31:11 PM »

Great stuff Ian! This is fantastic! Please keep us posted! Wow Three exclamation points! (four)

384

Getty Images Letter Forum / Re: How can you tell if you have Getty Images on your site?

« on: June 17, 2012, 12:53:24 PM »

To respond to gotlemons' original question, the best answer IMO was posted by stinger. Keep a record of the images you purchase for you website; only buy images from reputable sources that will provide you with a written license or receipt;; only use the images in the way that they were licensed; use only images you take yourself. All of the foregoing should keep you Getty-Letter-free.

385

Hawaiian Letters & Lawsuits Forum / Re: Copyright Services International / HAN Case

« on: June 17, 2012, 12:48:30 PM »

I agree Dee that the lower demand amount is likely the result of the "learning process" shoved down HAN's throat by the ELI community

386

Getty Images Letter Forum / Re: Getty Images Extortion Letter with Sales Tax

« on: June 17, 2012, 12:44:25 PM »

Yes I  realize that would be their claim. My point is that if that is the case, then why are they only charging  it now and again and not in every letter because presumably they could make the same argument for all settlements and are they then sending the government the sales tax they collect?

387

Hawaiian Letters & Lawsuits Forum / Re: Oscar Michelen Hits Back Against Conrad-Scherer Extortion Letter (HAN Lawyer)

« on: June 17, 2012, 12:42:41 PM »

Thank you Matt for clarifying that I do not receive "donations" (nor do I receive any part of the donations people make to keep this site going).  I receive legal fees for services rendered.

388

Getty Images Letter Forum / Re: In other news..

« on: June 17, 2012, 12:27:37 PM »

Looks like they forgot to file the affidavit of service. Let's see if they re-file

389

Getty Images Letter Forum / Re: Getty Images Extortion Letter with Sales Tax

« on: June 17, 2012, 12:09:10 PM »

This could be very interesting.  To my knowledge, you cannot collect sales tax on an infringement; that's a settlement not a sale. More importantly, the forum is correct that if you collect sales tax, you better forward it to the proper authorities as opposed to keeping it yourself. It would be interesting to track when and where they ad sales tax to their letters. We are seeing it once in a blue moon in my office as well recently. I would like to hear from any Getty victim who settled with Getty and included sales tax in their settlement. There may be the elements of a class action there if Getty is wrongfully charging sales tax.   

390

Getty Images Letter Forum / Re: Re: FunnyJunk Attorney Charles Carreon is a Tool & Dumb Extortion Lawyer

« on: June 17, 2012, 12:04:09 PM »

I normally don't come to the defense of these guys, but  it looks like he had a 60 day suspension for one incident. Not a perfect record to be sure and it was a pretty serious infraction, but its not the worst I've seen by along shot and he has been clean since 2006 when he was reinstated after his suspension.