Messages

436

Getty Images Letter Forum / Re: Getty, Corbis & Superstock being sued...a MUST read!

« on: February 02, 2012, 05:03:12 PM »

Open and shut unless the sculptor and photographer were contacted by National Geographic and were under some sort of "Work Made For Hire" agreement. It is unclear to me what the sculptor means by, "Cooley & Co. is the lawful owner of the copyrights to the Works by way of written assignment."

This case will be interesting to follow.

437

Getty Images Letter Forum / Re: "Cease Communications" request

« on: February 02, 2012, 01:13:10 PM »

I can't seem to submit an avatar. Do we need to be deemed worthy before we can do that?

I'm in the same boat. My only radio button says Personalized Picture - No avatar. So here is my Avatar:

};º*

438

Getty Images Letter Forum / Re: Getty, Corbis & Superstock being sued...a MUST read!

« on: February 02, 2012, 01:05:51 PM »

Wow. WOW! Amazing find buddahpi. You are ON it.

Looking into it a bit, it seems the sculptor who created these dinosaurs is suing. He and the photographer, Psihoyos, who took the pictures of the sculpture, both registered for copyright. (They both worked for National Geographic). This will be an interesting case. Does a picture of a sculpture count as enough of a transformation to be recognized as a new work?

In any case, it's nice to see the stock photo companies having to sweat it out for a little bit.

439

Getty Images Letter Forum / Re: Summary Judgment Info

« on: February 01, 2012, 12:37:47 PM »

I'm not a lawyer, but here is how I would proceed. If I felt pretty sure that I had a solid case, I would find the most expensive lawyer possible and explain the situation to that lawyer and point out that copyright law is one area where the defendant can recoup all legal expenses. If I could work out a deal with this attorney, great. If my standing wasn't so solid or I had to go it alone, I would look to the local law universities or search out a paralegal for help.

Of course during this time I would become a voracious reader. I do not know which order you need to file documents. But I can guarantee that by the end of the day I would. I would then start collecting evidence and keep track of my billable hours. Because by the time the case gets to the judge I would have a bill of my own that dwarfs whatever they claim I owe.

But hopefully Oscar or someone can give you a strategy that is based more on the law and less on gut instinct.

440

Getty Images Letter Forum / Re: Masterfile / Arius3D deal deadline today

« on: January 31, 2012, 11:24:32 PM »

Only thing that surprises me is that there wasn't another large transfer of assets. But at least the current board keeps drawing a salary as they submarine that company.

441

Getty Images Letter Forum / Re: "Cease Communications" request

« on: January 31, 2012, 11:17:38 PM »

I know of at least one Getty recipient that let loose a tirade of vitriol-infused R-rated language that would have made a drunken sailor blush like a schoolgirl. Through a barrage of "eF's" and "eSSes" he stated that there was no way in hell they would spend the money for the lawyers to pursue this case, and if they did he'd see them in court. He slammed down the phone and claims he never heard from them again.

I would not, however, suggest this as a tactic.

But at a certain point you will find something that they won't be willing (or able) to do. And then every call they make to you will be answered with, "I'm sorry but I'm tied up with a client at the moment, call back tomorrow" and/or "I told you last time, I need you to send me the paperwork proving that you created this work and registered it." (Or reveal the chain of title for the copyright work, or show the history of what they charged for the image, or some other item.) At a certain point they will refuse, you will point out that you are making a good faith attempt to sort out the legitimacy of their claim. Yes they will threaten to go to court. You have to step up, shrug and tell them that their lack of cooperation is not going to look very favorable in the eyes of a judge.

Please keep it all in perspective. These people are not your betters and they certainly don't have your interest at heart. Stop asking and start telling.

442

Getty Images Letter Forum / Re: FUTURE DEMANDS - Getty Outrageous prices

« on: January 31, 2012, 03:43:20 AM »

This is further evidence that they've changed their business model from selling images to issuing demand letters. Anyone receiving a demand should also insist on seeing the pricing history for that image.

443

Getty Images Letter Forum / Re: $600 (discounted from $780) for a 1.5" x 2" image on my web site

« on: January 31, 2012, 03:38:39 AM »

Tomorrow 1/31 is the due day for their demand. Should I pay them? Thanks for your comments.

I'm gonna go with "no."

444

Getty Images Letter Forum / Re: Introduction

« on: January 30, 2012, 10:22:48 PM »

I disagree that professional photography is any more of a dying industry than that of a musician or writer. There will always be a need for talented artisans with an eye for color, composition, and detail; and the ability to create great work.

But I wholeheartedly agree that the premium "rights-managed" stock industry is dead (or dying). In fact I believe this Extortion Letter hustle is the last gasp of this particular industry as their old-world pricing model dries up. The future will belong to microstock companies that can work out a business model that convinces photographers they can still make some money, while ensuring that web developers have some level of protection from claims of copyright infringement. There is a business model in there somewhere, but the old-world companies like MF, GI and HAN won't see it and won't adapt in time. It will probably be a newer, more nimble, start-up that will eat their lunch. And I'm sure the participants of this site will fell SO sorry for them when that day arrives.

445

Getty Images Letter Forum / Re: Will soon receive letter from Getty

« on: January 29, 2012, 09:05:03 PM »

Hearing this just makes me sick. This is what's wrong with the current, soulless, corporate culture. Clearly GI should have either waived the fee, or better yet donate the image. I sure do wish the webmasters would let us help.

446

Getty Images Letter Forum / Re: Introduction

« on: January 29, 2012, 02:37:49 PM »

Hi. Welcome to the ELI site havenotreceivedaletter.

Maybe the stock agencies really are targeting small businesses and individuals. Or maybe the large companies just work out a settlement. I suppose if Coca Cola (as an example) was caught with an infringing image, they would be pretty quick to work out a settlement.

447

Hawaiian Letters & Lawsuits Forum / Re: Popular Local radio Station ~ HAN & VKT

« on: January 28, 2012, 01:58:14 PM »

Would be GREAT if they could do the community a solid and have their news department follow up and report on it. Maybe you could ask them? There are plenty of people that would be happy to talk to them. I'm also pretty sure you could get someone from HAN to share their side of the story.

448

Getty Images Letter Forum / Re: Copyright + Licensing Agreement with other company

« on: January 27, 2012, 09:22:41 PM »

There could be some sort of agency law at issue here - but just common sense tells me (for example) if I agree to sell Nike shoes as an agent at my new shoe store- annasshoes,

Okay, but for the love of God, if you DO open a shoe store, don't call it "annasshoes." I totally put the spaces in the wrong places.

449

Getty Images Letter Forum / Re: I got hit 2 separate letters 2 images - HawaiiArt.com or Hawaii Art Network LLC

« on: January 26, 2012, 02:01:41 PM »

That's pretty much the belief around here Rob. Unfortunately far too many people just choose to roll over and cut a check.

450

Getty Images Letter Forum / Re: Statute of Limitations Copyright Law

« on: January 25, 2012, 04:26:25 PM »

As a general rule, should an online business block all archiving of a site regardless of any copyright infringement issue?

Personally I am not fond of having to block the archiving of my sites OR blocking of bots based on user-agent. I don't think a company should have to spend on iota of energy "hiding." I would much rather spend my energy making sure my house is in order (in terms of copyright clearance).