391
Getty Images Letter Forum / Re: Second notice from Getty
« on: January 11, 2014, 06:36:37 PM »
Thank you very much!
| Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program | |
| Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters. |
Show Posts
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
392
Getty Images Letter Forum / Re: Second notice from Getty
« on: January 11, 2014, 01:07:56 AM »
Welcome to the forums Carole. If the images were both linked as you stated then you have nothing to worry about. Hotlinked images are not infringement see Perfect 10 v. Google and Perfect 10 v. Amazon. I would tell them it is not infringement and cite the cases above and then let them know the following:
1) The next communication from them will result in the filing of complaints with the Washington State Attorney Generals office, the BBB, and the FTC.
2) The complaints will be filed with all agencies each time you are contacted by Getty
3) The next communication received from them will result in the billing of all time thus far use in communicating with Getty Images.
I am compiling research on Getty's extortionistic practices and would greatly appreciate it if you could forward me a copy of Getty's letter(s) and email(s) along with your responses. I will redact your personal information out of all information sent to me. My email address is [email protected].
Please keep us posted as to what happens.
1) The next communication from them will result in the filing of complaints with the Washington State Attorney Generals office, the BBB, and the FTC.
2) The complaints will be filed with all agencies each time you are contacted by Getty
3) The next communication received from them will result in the billing of all time thus far use in communicating with Getty Images.
I am compiling research on Getty's extortionistic practices and would greatly appreciate it if you could forward me a copy of Getty's letter(s) and email(s) along with your responses. I will redact your personal information out of all information sent to me. My email address is [email protected].
Please keep us posted as to what happens.
393
Getty Images Letter Forum / Re: Is posting links copyright infringement?
« on: January 07, 2014, 11:48:29 AM »
Excellent point, thanks Robert!
If you allow people to upload to your site then it is highly recommended.
And if you don't , it's not as you yourself would not be covered by the safe harbor protections it affords.
394
Getty Images Letter Forum / Re: Is posting links copyright infringement?
« on: January 07, 2014, 01:06:19 AM »
If you allow people to upload to your site then it is highly recommended.
OK, thanks. Naught to worry about then re: linking. Will register a DMCA agent. Seems like the price (a tax or insurance depending on POV) for having a public website.
395
Getty Images Letter Forum / Re: Is posting links copyright infringement?
« on: January 05, 2014, 11:22:54 AM »
I will try to answer your question but I am not as well-versed on the DMCA agent issue as others, perhaps Robert or Jerry if they see this can chime in with any additions and/or corrections.
Also remember that the DMCA and registered agent protects you from images OTHER people be upload to your site not from images you placed there yourself.
I don't think that it does make a difference in the way you are thinking. It makes a difference in the way the artist or the person representing the artist must behave. It makes a difference how a company such as Getty Images that in my opinion is not truly interested in protecting the rights of the artist and are using their letter program as a business model to make money will respond to you. If you have a contact link on every page it will make it much easier for them to know where to send her demand letter claiming infringement and you must pay big bucks to them. Getty will tell you it doesn't matter that someone else uploaded the image to your site you are responsible and you must pay. If you have a DMCA agent you are protected and Getty must send a takedown request to the agent rather than a hefty "legalized extortion" demand letter to you.
Also remember that the DMCA and registered agent protects you from images OTHER people be upload to your site not from images you placed there yourself.
I don't think that it does make a difference in the way you are thinking. It makes a difference in the way the artist or the person representing the artist must behave. It makes a difference how a company such as Getty Images that in my opinion is not truly interested in protecting the rights of the artist and are using their letter program as a business model to make money will respond to you. If you have a contact link on every page it will make it much easier for them to know where to send her demand letter claiming infringement and you must pay big bucks to them. Getty will tell you it doesn't matter that someone else uploaded the image to your site you are responsible and you must pay. If you have a DMCA agent you are protected and Getty must send a takedown request to the agent rather than a hefty "legalized extortion" demand letter to you.
Not exactly sure what you are Basking in the 1st part.
Thanks for the response on the second part.
In the first part I'm wondering about DMCA safe-harbor - is the only way to avail yourself to this to have registered an agent? Would the courts not look unfavorably on a complaint that hadn't requested any take-down request prior to filing suit (or extortion)? While I understand the agent being a single location to look-up a contact for a website, isn't having a contact link on every single page "good enough" so that a complainant couldn't fairly argue "I couldn't find a contact to request take-down"? Yet they find your name/address via whois! Where these images seem to be un-watermarked and publically posted on original source sites with no restrictions listed it seems a cheap shot being taken.
396
Getty Images Letter Forum / Re: Is posting links copyright infringement?
« on: January 04, 2014, 07:26:07 PM »
Not exactly sure what you are Basking in the 1st part.
As for your 2nd question hotlinking is not infringement. In the case you were thinking about is Perfect 10 v..Google. Another similar case was Perfect 10 v. Amazon. Perfect 10 tried to sue these 2 companies among others for hotlinking images on their sites. The courts ruled that hotlinking was not infringement because the images were not actually on the sites or the servers but hosted on Perfect 10 servers.
As for your 2nd question hotlinking is not infringement. In the case you were thinking about is Perfect 10 v..Google. Another similar case was Perfect 10 v. Amazon. Perfect 10 tried to sue these 2 companies among others for hotlinking images on their sites. The courts ruled that hotlinking was not infringement because the images were not actually on the sites or the servers but hosted on Perfect 10 servers.
397
Getty Images Letter Forum / Re: Do you handle "Attorney Extortion Letters" with you Defense Letter Program?
« on: January 01, 2014, 09:30:00 AM »
rookie, also check on the "Way Back Machine" to make sure that the pages with the image in question are not archived there and request removal if they are.
398
Getty Images Letter Forum / Re: Here's Another Extortion Letter
« on: December 27, 2013, 12:24:45 PM »
Smart move, thanks for the update. 
399
Getty Images Letter Forum / Re: Got the Getty Letter
« on: December 22, 2013, 06:03:55 PM »
I agree, if it were me I would be sending off a flurry of complaint letters about NCS as well as Getty for using them and approving of these tactics.
To me comment on a blog is equivalent to me coming to your workplace, mall, restaurant or any public place and shouting.
"I am looking for John Doe, I have been sent by Ted Smith who says you owe him money and he wants you to pay it.
Would you just sit there and take that or tell the guy to get lost?
I would be writing and mailing complaint letters so fast they wouldn't know what hit them...oh wait, I did and haven't heard a peep from Getty, NCS or McCormack for a year and a half now.
Seriously though, I would consider filing complaints as this is totally inappropriate
To me comment on a blog is equivalent to me coming to your workplace, mall, restaurant or any public place and shouting.
"I am looking for John Doe, I have been sent by Ted Smith who says you owe him money and he wants you to pay it.
Would you just sit there and take that or tell the guy to get lost?
I would be writing and mailing complaint letters so fast they wouldn't know what hit them...oh wait, I did and haven't heard a peep from Getty, NCS or McCormack for a year and a half now.
Seriously though, I would consider filing complaints as this is totally inappropriate
401
Getty Images Letter Forum / Re: I got a letter today
« on: December 20, 2013, 07:21:43 PM »
Stinger,
I think the Judgment was for the max allowed by law.
I think the Judgment was for the max allowed by law.
Great post DAMET!QuoteAttorneys for AFP and Getty argued at the trial that their clients were duped by a man named Lisandro Suero who stole the pictures from Morel's TwitPic account, then re-posted them under his own name. AFP and Getty then unwittingly distributed the images with Suero's credit, and did their best to correct the error as soon as they realized their mistake, their attorneys argued. - See more at: http://www.pdnonline.com/news/Morel-v-AFP-Copyrig-9598.shtml#sthash.jjETzEsA.dpuf
It strikes me that it is AFP and Getty's business to not be duped. If they are going to make money by distributing digital images, they better damn well have the rights to distribute those images. I only wish that this verdict was left to a judge who more likely would have known a bit more about trolls and their collection tactics, and might have made a larger statement with the verdict.
1.2 million dollars might sound like a lot to a photographer, but it is a pittance to a company like Getty. Oh well, at least this verdict is a start.
402
Getty Images Letter Forum / Re: Possible New Tool Being Used By MasterFile?
« on: December 15, 2013, 02:01:46 AM »
Lol!
What do they say Robert "Sorry I cashed your check , eh"?
403
Getty Images Letter Forum / Re: Question
« on: December 11, 2013, 02:33:03 PM »
Good point, also this only stops the crawlers that respect the robots.txt file.
If you want google to index your site, don't include the "no-index" portion of the snippet JLorimer provided:
the "no-follow" part will also stop crawlers from following links within your site to other site or other internal pages.
<meta name="robots" content="noindex, nofollow, noarchive">
404
Getty Images Letter Forum / Re: Recieved Letter from getty
« on: December 11, 2013, 02:31:38 PM »
It is not necessary but I sent my correspondence via registered letter with a signed return receipt. I wanted it to show that my letter had been received just in case, since Getty images and Douglas Beiker refused to provide the reasonable request of proof to continue negotiations.
405
Getty Images Letter Forum / Re: Recent activity from getty is escalated
« on: December 09, 2013, 09:45:51 PM »
The credit agency can't do a thing to anyone in this case as it is a claim and not a debt. If they were to put it on a persons credit file you can report the violation to the FTC.
If you receive letter from the credit agency all you have to do it send them a letter stating it is a claim not a debt and you are dealing with Getty so do not contact you again. After that they have to leave you alone or again you can report them to the FTC.
If you receive letter from the credit agency all you have to do it send them a letter stating it is a claim not a debt and you are dealing with Getty so do not contact you again. After that they have to leave you alone or again you can report them to the FTC.
Official ELI Help Options |
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program |
| Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters. |