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Messages - Bekka

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46
Quote
I also can't help but wonder why they chose this recipient, among all of the others...was it the luck of the draw, or maybe he said /did something to really piss them off??

Funny, I was just thinking about this.  It seems to me they from the cases I have studied thanks to Matt, you and some other posts on the internet, that Masterfile looks for cases that they can win by default or they have an inkling into who they believe will settle once court papers are filed.  I don't recall seeing any that went to court where the defendant pleaded their case.  Maybe they feel since this guy is a vet that he will not want to take time off to deal with this and give them what they want.  Frankly I hope he does.  I hope he gets a really great attorney and starts to shoot holes in these cases.  I believe that the stock photo industry should have to register each image seperately and pay a fee for each one.  They certainly charge money for each individual image, they sue for monies for each individual image (although precedent states one infringement if in compilation).  They get by with shortcuts, but yet sock it to the "innocent infringer" for big bucks. 

47
http://www.iniplaw.org/2010/07/masterfile-sues-stein-dba-ourd.html

I was reading the info from this case and the registration exhibit is identical to the one they sent me.  So, they must send this as proof of registration for all their cases.  It is a compilation and if I am reading it right, contains 33,000 images registered at one time.  They also sent me their agreement with the photographer, which they left 5 pages out of a 17 page contract.  It is a 3 year contract that was dated (typed on first page) not dated by the signatures, that renews thereafter for 1 year increments unless a 90 written day notice is given by either party.  I am not sure if this constitutes an "evergreen contract" or not, or if it is legal in some states here in the US.


48
Thanks for doing that.  So much for not suing over 1 image....

49
Getty Images Letter Forum / Masterfile starts it round of 2012 Lawsuits
« on: January 14, 2012, 05:31:12 PM »
http://dockets.justia.com/docket/idaho/iddce/1:2012cv00012/29042/

I hope these people fight.  It looks like this might be a veternian clinic.

50
Hawaiian Letters & Lawsuits Forum / Re: Free Baitpapers
« on: January 10, 2012, 12:15:00 AM »
Oh and don't forget to register your new creations, so when these lawyers, etc. copy it to show others and complain about them, you can send them a demand letter too....LOL!  I's say $10,000 should be a good starting price!

51
Politicians suing over their pictures..... these lawsuits are out of control.   We will have to build courts just for IP lawsuits if something isn't changed soon.

http://www.courthousenews.com/2012/01/09/42863.htm

52
The lastest on SOPA!

http://www.techdirt.com/articles/20120108/00533117331/study-confirms-news-networks-owned-sopa-supporters-are-ignoring-sopapipa.shtml

I am hoping since Nancy Pelosi has come out against it, there may be a chance this bill will die or be defeated.

53
This is too funny.  I remember a while back the same thing happened when we were discussing my problem with Masterfile.  The letter I received was from John MacDougall asking me to pay $5520.00 for a picture of a girl on the phone.  Someone posted his picture and made a comment or two about him and he complained to Matt or Oscar and the posts were removed.  I have always heard if you can't take the heat, get out of the kitchen, and these guys sure seem to have thin skins considering they make a living from the collection business.

Update on my case:  They turned it over to a collection company and I told them to cease and desist with their attempt to collect from me because I will not pay and I will only deal with Masterfile on this issue.  So the ball is back in their court for while. 

I can only hope that since our legislators are bought and paid for, and our huge conglomerate media companies are in bed with Getty, that eventually enough people will band together to get precedents set in court cases, therefore making them get off their collective "arses" to amend the copyright laws.  The internet brought in a whole new set of problems, but it also brought in a better avenue for the stock photo companies to sell their products.  If they were smart, they would push for change as well.  I have no problem with a "cease and desist letter" and a flat fee of somewhere between $100 and $200 depending on the amount of pictures used, if it was indeed an "innocent infringement" which I believe most outlined here are.  I think the stock photo industry knows this as well.  Once you get that letter, it changes your view of stock photo companies and most will avoid them like the plague, I know I will.  So not only are they damaging their own industry, but they are missing out on revenue that could add up to big bucks in the long run.  If indeed they are sending thousands of letters out a week or month, then why not keep a potential customer with a nicely worded non threatening letter asking them to cease and desist and explain that the nominal fee is to pay for expenses and give the photographer some compensation, while educating you at the same time about these "supposedly free" pictures on websites.  I would be more apt to cooperate and not develop such animosity towards the stock photo industry as a group.

Sorry for the rant..and I am sorry Matt is having to deal with these lawyer issues, especially since this site is here to help all us in the same boat so to speak.

Bekka

54
Legal Controversies Forum / The Little Guy Wins!
« on: December 25, 2011, 09:11:20 PM »
I realize this is not about images, but it is about patents and a big company going after small farmers.  The circumstances of useage regarding their patented product is pretty much accidental like most cases here, and Monsanto sees big money to be made.  While part of the ruling in this case remains questionable for future precedents, it is indeed nice to see David win against Goliath.

http://articles.mercola.com/sites/articles/archive/2011/12/25/percy-schmeiser-farmer-who-beat-monsanto.aspx?e_cid=20111225_SNL_Art_1

I hope we will see more victories where the little guy prevails!

Merry Christmas.
Bekka

55
Getty Images Letter Forum / Re: My 1st Copyright Letter
« on: December 20, 2011, 12:47:20 PM »
Wow! I would be much more inclined to go along with a reasonable fee such as $75 as opposed to the $5520.00 that was demanded of me.

56
This was the link.

http://wh.gov/gJu

However, today is the expiration date and it is no longer available to sign.  We had 30 days to get 5000 signatures, we could not get the 150 needed to get listed on the White House web site.  Someone else will have to start one and maybe they will have better luck.  I will gladly sign my name to it.

57
I remember watching Michael Moore's movie  "Sicko" a few years back and there was one part that stood out for me.  Michael Moore was interviewing people in France about their own healthcare, which is of course universal in nature, compared with what we have here in the US.  One woman stated that the difference between the two countries are that in France, the government is afraid of the people, in the US, the people are afraid of the government.  This is so true!  We let the congressmen and senators do what the corporate lobbyists tell them and we set back and take it, worse yet, we send them back to do it all over again.  The only glimmer of hope is if the "Occupy Wall Street" movement keeps it's momentum and grows.  I have can come to believe that as long as there is beer, sports, and reality TV, Americans won't get off their butts to do anything to help put America back on track.

If you are scared to stand up for what you believe is wrong, then you shouldn't complain about.  Just pay up, don't try to change it, and don't worry about the others facing the same situation!

59
Getty Images Letter Forum / Re: Make Your Voice Heard!
« on: October 12, 2011, 04:45:29 PM »
We had a chance to get this into the public's eye, but without 150 signatures, it won't even get on the the White House's website.  I am amazed that a saving a fictional princess in a fictional land can garner 5000+ signatures, but we can only get 63 for the atrocities being committed against hard working people.  I have run out of family and friends.......It is up to you guys now.

http://wh.gov/gJu


60
Hi Phxsunbum,

When I click on your link, it takes me to the creation page.  After you created your petition, you should have received an email with a link involving only a few letters like this one:

http://wh.gov/gJu

That is the link you use until you get 150 signatures and then it gets published on the White House's website under open petitions.  I have perused a few of them and actually signed some that I could relate with.  I must say that there are a lot of interesting issues on there.

Thanks,
Bekka


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