Messages

376

Getty Images Letter Forum / Re: Ted talk on patent troll

« on: April 20, 2012, 10:13:18 PM »

"Make sure you let them know that you will make this process as annoying and as painful and as difficult as possible for them."

Something I've been saying all along.

When you start requiring proof of registration, agreements with photographers, and pricing history, a copyright-troll attorney working on commission is going to be less interested in chasing you and more interested in other low-hanging fruit.

By the way, I love ted.com.

377

Getty Images Letter Forum / Re: Asking Getty to change future communication to me - am I asking for trouble?

« on: April 18, 2012, 10:41:49 PM »

First, keep reading this site and educating yourself. Please tell your mother that she didn't break the law. You did. But ultimately she is responsible because the site is registered in her name (I presume). The bottom line is you are not allowed to use another's work (art, photography, writing, etc.) without permission.

That said, there are a couple of avenues for you to take. The first thing I would consider doing is hiring Oscar on her behalf. You spend a couple hundred bucks, but Getty cannot contact her.

If you decide to go it alone and fight this, see if you can buy these same images elsewhere. But keep in mind that Getty can and will continue to pester your mom.

Don't waste your time trying to explain your mom's situation. Getty does not care and it will have no effect in reducing their claim.

378

Getty Images Letter Forum / Re: Got the letter ....A question and my plan....

« on: April 17, 2012, 01:08:34 PM »

This whole issue of Getty being able to claim infringement for a similar image on one hand, yet being able to duplicate another artist's work on the other, seems patently unfair.

I don't see how they won the case regarding the carousel. You can't copyright an idea or an abstract concept. If you told 12 photographers to take a romantic picture of a couple on a Carousel, two or three would come back with something that is equally similar to what Getty had. I wonder why the defense didn't consider doing this.

379

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

« on: April 17, 2012, 12:59:39 PM »

Glad to see Aloha is stepping up. Just wish they would have done it sooner.

380

Getty Images Letter Forum / Re: Roll the Dice? - Is Getty likely to win an award GREATER than initial demand?

« on: April 13, 2012, 03:01:58 PM »

"you to accept having a JUDGMENT (publicly available) entered against you"

I suspect that this in the few cases where the stock agency appears to have "won" this was often what happened. The defendant decided they didn't want to "roll the dice" and just made an offer. This seems to me to be better than just not responding and accepting a default judgement. (Although I still wish more people would see it through and win.)

381

Getty Images Letter Forum / Re: The Hypocrite of the Century!

« on: April 05, 2012, 05:11:39 PM »

Any blogger or start up should immediately print this article for their records. It's a shame that their "Demand Letter" division is so out of touch with the CEO's opinion. Hello? Do they have any meetings at Getty Images?

I would LOVE to hear Jonathan Klein's explanation of why aggressive letter campaign against non-profits, blogs, and sites that never went live was justified. If I HAD paid them a dime I would be putting together an invoice of what I paid them today. Seriously.

382

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: April 03, 2012, 01:49:23 PM »

>> 2 Send a certified letter to Getty with all of my information about the image in question

Why?

Why do you feel compelled to send any additional information? They have made a claim, you have removed the image (as a courtesy). Now your move is to demand proof that the image is theirs. They will tell you it is for sale on their site. Okay... are they the exclusive representatives of this image? Is this image REGISTERED with the copyright office. Although it is not required, not having it registered limits what they can collect. What is the sales history of this image? Can you find it elsewhere?

I'm with Lucia. Less volunteering and more demanding is in order here.

383

Getty Images Letter Forum / Re: Screengrabs lack of credibility??

« on: April 03, 2012, 01:41:18 PM »

I would find it remarkable if GI DIDN'T copy the HTML source code behind the page at the same time they documented the image on the page. But who knows? The way they go about these things seems to be so reckless and half-assed that nothing should surprise me.

But I'm with SG, Lettered, et al: Other defenses like lack of standing and possibly amount of demand is a better focus of time and resources. That is unless you really were hot-linking the image.

384

Getty Images Letter Forum / Re: Roll the Dice? - Is Getty likely to win an award GREATER than initial demand?

« on: March 29, 2012, 01:32:42 PM »

My only note on #2 is that if you do offer them some sort of nominal payment and then the court finds that you owe them the amount you offered (or less), I am fairly certain you can then have Getty pay your legal fees. Copyright cases are one of the few where a defendant can get the plaintiff to pay their legal costs. I know this is true if you WIN, but I also believe if you made a reasonable offer and it still went to court you can request reimbursement for your fees from the judge. I just don't have the reference right now.

385

Getty Images Letter Forum / Re: Got the letter ....A question and my plan....

« on: March 29, 2012, 01:04:45 PM »

I also think it is a mistake to assume anything. GI may send you a "blurry PicScout screenshot" as proof of their claim. But to assume that they don't have multiple crystal clear shots is a huge mistake. I know if I were pursuing this I would gather as much supporting proof as possible.

I also think it's foolish to assume that the date of their letter is the date of their discovery. I'm certain there is a period of days, if not weeks or months that pass before they send out a notice. To outright lie about this information is just going to make you look like a jerk. You know when you put it up. Of course I'm not saying you should volunteer the exact date you uploaded the image in early conversations.

386

UK Getty Images Letter Forum / Re: UK Query

« on: March 20, 2012, 10:37:46 PM »

Wow. The laws in the UK really favor the people. All you'd have to do is provide a capture of a web page (or 12, or 20) that shows the image in use with no watermark and no copyright information. It seems to me if the image was prevalent and your adversary made no attempt to stop its propagation with cease and desist letters, you would have had "no reason to believe, that copyright subsisted in the work."

And then, you get to bring on the pain and turn the tables. What is the penalty when you prove the intent of the Getty letters is to "harass debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety"?

387

Getty Images Letter Forum / Re: My letter Experience

« on: March 19, 2012, 09:46:10 PM »

So what do I do next, just wait to see what happens? I don't see a point in contacting them at all. What do you think?

Wait. Wait and dodge. Your job is to make it as painful and as difficult as possible for them to try and squeeze money out of you. Their certified letter arrived when you weren't around to sign for it? Tough luck. Let them try and contact you again. You gave them very legitimate questions you needed answered before you could even consider their claim. They have yet to provide answers. Ball's in their court.

388

Getty Images Letter Forum / Re: Masterfile starts it round of 2012 Lawsuits

« on: March 17, 2012, 03:21:29 PM »

Hi Buddahpi,

Earlier in this thread you mentioned you had spoken with Dr. Wetherman from the animal hospital. Is there any chance you can contact him again. He may be limited in what he can tell due to any settlement. But I would consider Template Monster stepping in on his behalf a "win" whereas him having to pay anything to the MF-er team a "loss."

389

Getty Images Letter Forum / Re: Image on Getty is no longer available

« on: March 13, 2012, 12:56:55 PM »

Agreed. We all know they keep an eye on this forum. I'm surprised you haven't received a call from them yet saying that Getty will not be pursuing this matter.

390

Getty Images Letter Forum / Re: Image on Getty is no longer available

« on: March 13, 2012, 03:25:46 AM »

ursus I can't see a scenario where Getty would be able to collect from you. I'd tell them they don't represent the photographer and to buzz off it was me. Also, I think I have a screenshot of that .ru page if you need it.