Messages

406

UK Getty Images Letter Forum / Re: e-mail from Getty

« on: March 27, 2013, 04:05:29 PM »

I would ignore the email.  Some spam filter got it and you never saw it.

I would only deal with them in writing using snail mail.  They are making life painful for you.  Make it as long and painful for them as possible.

They seem to back off of people who make it clear to them from the outset that what they have to gain is far less than the effort they will need to go through in order to gain it.

407

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: March 26, 2013, 05:44:51 PM »

There are some nice tid-bits in # 31 that I may choose to use if I have to write additional letters to bar associations and agencies complaining about  McCormack's behavior.

Thanks for that Greg!

408

Getty Images Letter Forum / Re: Received spam from Getty Images

« on: March 26, 2013, 11:38:52 AM »

Good Luck!

409

Getty Images Letter Forum / Re: Recieved Letter from getty

« on: March 25, 2013, 02:09:52 PM »

They are going to keep making runs at you to get your money.  This is not about fairness.  It is not about the law.  They use those concepts to try and get more of your money.

If copyright trolls were serious about protecting their intellectual property rights, they would use watermarks and copyright notices everywhere.  They make it very easy for the average person to mistakenly grab one of their shots and then they try to make it difficult not to pay them extortionate sums.

Negotiating via email only speeds the process.  That means they have more opportunities to hammer away at you.  Negotiating by phone speeds the process even more.  Do NOT play the game to their advantage.  Use the U.S. Postal service to slow things down.  The statute of limitations on copyright claims is three years from the time they first discover the mis-use.  Give them as few chances to hammer away at you during those three years as possible.

In short, refuse to speak to them by phone.  Keep everything on the record.  Use snail mail when you cannot find any slower methods. of communication.

410

Getty Images Letter Forum / Re: Recieved Letter from getty

« on: March 25, 2013, 11:34:32 AM »

Read Gregg's "An experiment against Getty"

I know it is long, but I think it will give you a flavor of who they are.  They don't care about fair.  They are in this for the money - pure and simple.

411

Getty Images Letter Forum / Re: Recieved Letter from getty

« on: March 25, 2013, 10:26:23 AM »

Although I do not think they would accept the $200 offer, I would recommend against making it.  If you feel compelled to offer something, offer what a comparable photo would cost if you licensed it today.

If you think it would be worth $200, to get this off your plate, I would consider Oscar's letter program.  Although it settles nothing with Getty, you will not hear from them again.

Why I say this:

• From monitoring this and a number of other copyright troll sites for the last year and a half, it is clear to me that Getty isn't interested in clearing up a legal wrong-doing.  They are in the business of sending these scary letters FOR PROFIT.
  
• They have never filed a case over one image.
• They seem to seed the market with their photos with no copyright notices.  That make it easy to mistake their images for public domain, so they can later come after you for big bucks using the courts to promote fear and intimidation.
• Previous cases have shown that Getty really does not have their legal act together.  Many of their photos are not registered and others are improperly registered.  Their legal paperwork with photographers is also questionable.

 

If you really have a need to part with $200, I would recommend sending a portion of that to ELI for helping you find your way through this mess.  But definitely, read through the Getty posts and find your voice in telling them to go pound sand.

412

Getty Images Letter Forum / Re: A new tag #gettyflubs

« on: March 16, 2013, 04:45:18 PM »

Let's hope the latest flub is mcCormack's attempt to paint the truth in going after Oscar and Matthew.  As a lawyer, he should be held to a higher standard.  I hope his playing fast and loose with the facts comes back to bite him in a big way.

413

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: March 04, 2013, 02:59:09 PM »

That is soooooo true, Greg.

414

Getty Images Letter Forum / Re: information to send or not to send

« on: March 04, 2013, 02:08:05 PM »

My understanding is that the Digital Media Copyright Act (DMCA) gives copyright holders three years from the time they first discover a mis-appropriation of their content to pursue an action.  It's kind of odd, that statute of limitations begins when the act is discovered, not when it actually happened.

This gives people who aren't certain of the copyright status of things they have posted in the past, a strong incentive to take them down, lest they be accused of a crime after they have discarded their licenses.

415

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: February 21, 2013, 09:16:32 AM »

Lucia, I completely agree.

What galls me is that the arguments Getty is making to the Attorney General don't even make sense to me.  I hope that someone with a sense of the law in the AG's office can see this.  I hope this doesn't just go through some clerical process where someone checks a box that says that Getty responded appropriately.  Because I think their response is a bunch of BS.

I also find it funny that there is no signature on the response.  Perhaps no one wants to take credit for bending the law to their desire.

416

Getty Images Letter Forum / Re: Getty Images Letter Received 2nd letter

« on: February 14, 2013, 02:31:35 PM »

Besides not emailing them, here are a few other things to keep in mind:

• Do Not admit to anything.  They are on a phishing expedition.  Just because they show you a copy of your page and start making accusations doesn't mean that you are guilty.  Anything you admit in your letters, can be used against you later.
• Remember that the burden of proof is on them.  Let them know that you know this and demand that they prove their case to you.  There are plenty of examples of how on this forum.
• They are business people.  They tend to look elsewhere when they get the idea that they have more to lose by chasing you, than they have to gain.  Figure out how to make that clear to them

417

Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2

« on: February 12, 2013, 04:19:59 PM »

I've  not seen the bankruptcy paper work that you are offering them, but I would be careful that it does not contain information that will make it easier on them to continue to pursue you.

From everything I have seen, they are only in it for the money.  They have no compassion.  It is their business model to chase people.  If your paperwork was not a re-organization but a closing of shop, I wouldn't be so worried.  Look it over carefully.  Give them no information they do not have.  Part of their gameplan is phishing to help them pursue you later.

418

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: February 12, 2013, 10:20:55 AM »

I haven't posted any examples because people tend to copy letters.  They mean more if they have their own heart and soul.  My letters are written but have yet to be posted. 

The tone I am taking is something like, 'your association will be known, in part, by the reputations of it's members.  Do you want people thinking of you like these extortionists?  If you hang with thieves, you might be thought of as a thief.  Straighten them out or throw them out - it's in your best interest to do one or the other.'

I find it a tricky road because there are politics involved in associations.  I don't know what the prevailing politics are.  But I think that if the letters should fall to a neutral party, I want to give them enough to think about, that maybe they might take some action.

Hope that helps.  And I am all for additional ideas that I can incorporate in my letters.

419

Getty Images Letter Forum / Re: Letter help: Fair Use

« on: February 12, 2013, 08:48:41 AM »

I hope you are right, but personal experience tells me to advise you as follows.

Don't count on it.

420

Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter

« on: February 11, 2013, 09:05:38 AM »

Tony, thanks for your post.  It has inspired me.

I was in the process of drafting my response to my second letter from McCormack legal, as well as several bar associations to which the McCormack attorney belongs, when I saw your post.  It reminded me that I should up the ante and also include the Washington AG, BBB, Consumer Protection and Seattle Chamber of Commerce.

What the heck, McCormack deserves all the recognition we can bestow upon them for their junk mail campaign.

If you generate any interest with the Seattle times, I would be happy to speak with them and throw some gasoline on that fire.