451
Getty Images Letter Forum / Re: Another Newby Masterfile
« on: December 13, 2012, 01:58:11 PM »
Well said, Mulligan.
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452
P2P/BitTorrent Lawsuits Forum / Re: Verizon Determined to Expose BitTorrent Copyright Trolls
« on: December 13, 2012, 08:49:11 AM »
Way to go, Verizon!
That's not something a guy like me expects from a company the size of Verizon.
Nice move standing with your customers instead of taking the easy way out.
That's not something a guy like me expects from a company the size of Verizon.
Nice move standing with your customers instead of taking the easy way out.
453
Getty Images Letter Forum / Re: Corbis Infringement Claim on Images that Former Designer Never Paid For
« on: December 11, 2012, 05:42:15 PM »
They will go after any company where they think they might get paid!
454
Getty Images Letter Forum / Re: total shameless and self serving plug
« on: December 11, 2012, 10:34:46 AM »
Those are the best kind.
455
Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter
« on: December 11, 2012, 08:48:15 AM »
They are not likely to "be quiet". They don't just go away.
You need to give them a reason to go away. Sometimes the threat of being willing to dig in your heels and fight is enough of a reason. Sometimes the thought that they may have more to lose than they have to gain is enough of a reason. But without a reason, they do not go away. They practice the Chinese water torture method of trolling. (No offense intended to the Chinese)
You need to give them a reason to go away. Sometimes the threat of being willing to dig in your heels and fight is enough of a reason. Sometimes the thought that they may have more to lose than they have to gain is enough of a reason. But without a reason, they do not go away. They practice the Chinese water torture method of trolling. (No offense intended to the Chinese)
456
Getty Images Letter Forum / Re: Getty Settlement Purposes Only Letter - 3rd Letter
« on: December 10, 2012, 02:43:01 PM »
I agree that you should follow Greg and Robert's advice. This letter's tactics are pretty interesting.
There are two completely true statements in there surrounded by a bunch of stuff that they make sound a lot truer than it might be, in your eyes.
Quote
"Copyright exists the moment a photograph is created and copyright registration is not a requirement of copyright ownership.This is a true statement.
Getty has contracts with contributing photographers who are the copyright holders. This might be true. It seems like it should be true in general. Is it true about the images they allege you mis-appropriated? Hard to say without proof. If they want payment, they should be willing to document why.
The contributor agreement contains representations and warranties that the contributor is the sole copyright owner. Representations and warranties in an agreement between a photographer and Getty should mean nothing to you. They should have to prove this to you.
Consequently Getty does not require contributors to provide Getty with certificates of registration and leaves the option of copyright registration to the individual photographer. It's great that Getty is so lazy as to not require proof. Since it is you they are asking for money, your policy should be a bit stricter that this. PROVE IT!
Due to confidentiality concerns, Getty would not provide copies of our contributor contracts at this stage of claim. Due to financial concerns, you should not provide them any money at this stage of the claim. That is all it is a claim. And they need to substantiate it to you. If not, they will eventually need to substantiate it to a judge.
Under the USCA, actual damages are recoverable regardless of registration. Another true statement
Getty is currently only requesting actual damages in settlement of this matter. Very misleading this. They have done nothing to substantiate their actual damages. In fact, they may have refused to.
Therefore, copyright registrations are irrelevant at this stage".Perhaps they are irrelevant to them, not you.
There are two completely true statements in there surrounded by a bunch of stuff that they make sound a lot truer than it might be, in your eyes.
457
Getty Images Letter Forum / Re: Got a letter, now what???
« on: December 10, 2012, 08:43:17 AM »
I agree with Robert. Do not correspond via email and do not take their phone calls. Your position should be that you want everything on the record. And make them work harder. The harder you make them work, the more likely they will bypass you for lower hanging fruit.
458
Getty Images Letter Forum / Re: Received a Getty Demand Letter!
« on: December 06, 2012, 11:00:15 AM »
I whole heartedly endorse what Robert says and I believe that any evidence of bankruptcy will make them run for more low hanging fruit.
It is not worth their time to get in line to try and collect a fraction of $840.
Besides, they have achieved something by getting you to remove (what they claim to be) their images from your work.
It is not worth their time to get in line to try and collect a fraction of $840.
Besides, they have achieved something by getting you to remove (what they claim to be) their images from your work.
459
Getty Images Letter Forum / Re: Do the photographers know this is happening?
« on: December 04, 2012, 09:04:31 AM »
I think the only way you may this work is to organize a large scale, world wide boycott of Getty Images. This might be difficult to do since Getty seems to be engrained with all the large media companies.
Although we see what Getty does as wrong, their argument to the photographers is that their approach is necessary to protect the photographers copyright. That doesn't mean all photographers love Getty. It just means that Getty is so large and there are so many photographers out there that appealing to the photographers to change Getty's practices would require a huge, almost never ending budget to keep this issue out front.
Also, you are definitely over-simplifying the central defense against Getty letters proposed here.
Although we see what Getty does as wrong, their argument to the photographers is that their approach is necessary to protect the photographers copyright. That doesn't mean all photographers love Getty. It just means that Getty is so large and there are so many photographers out there that appealing to the photographers to change Getty's practices would require a huge, almost never ending budget to keep this issue out front.
Also, you are definitely over-simplifying the central defense against Getty letters proposed here.
460
Getty Images Letter Forum / Re: Another case of a fearful Getty Victim
« on: December 04, 2012, 08:56:44 AM »
Sadly, I agree.
Quote
Also why do they need to sue in less there is a case of willful infringement when there are so many out there who will just roll over and pay out of fear instead of doing even minimal research to confirm their gut feeling that this is wrong and extortionistic.
461
Getty Images Letter Forum / Re: Another case of a fearful Getty Victim
« on: December 03, 2012, 10:10:32 AM »
I am beginning to think Getty's strategy is designed for people like her.
The longer I am in this, the more I think that they know that say 7 - 10% of those threatened will fight back. If they can identify this group early, they can choose to waste no more time on them. They just chase the rest. It's a profitable business run by clerks and word processors.
If they stay out of costly legal battles, which only happen with those willing to fight, the rest is pure profit.
This is why we need to raise the stakes and get them out of the game. I am afraid that to win this game on a large scale, we will need to somehow fire the first shot.
The longer I am in this, the more I think that they know that say 7 - 10% of those threatened will fight back. If they can identify this group early, they can choose to waste no more time on them. They just chase the rest. It's a profitable business run by clerks and word processors.
If they stay out of costly legal battles, which only happen with those willing to fight, the rest is pure profit.
This is why we need to raise the stakes and get them out of the game. I am afraid that to win this game on a large scale, we will need to somehow fire the first shot.
462
Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam
« on: December 03, 2012, 09:03:01 AM »
Jot,
Welcome to the forum.
I expect that Getty is going to drop their alleged case against you and "run and hide" when they find what you discovered. If they do so, I hope you will make your research completely available to everyone here. And I hope you will stick around in this battle of right v. wrong.
Everything I have read indicates that Getty shies away from confrontation with firms large enough to employ a real law firm or their own internal lawyers. Given the potential legal exposure in your case, I am certain they would rather cease and desist than stir up these waters.
But if we can develop your theory into a defense that works for most, we can put a large hurt on their troll business model.
Welcome to the forum.
I expect that Getty is going to drop their alleged case against you and "run and hide" when they find what you discovered. If they do so, I hope you will make your research completely available to everyone here. And I hope you will stick around in this battle of right v. wrong.
Everything I have read indicates that Getty shies away from confrontation with firms large enough to employ a real law firm or their own internal lawyers. Given the potential legal exposure in your case, I am certain they would rather cease and desist than stir up these waters.
But if we can develop your theory into a defense that works for most, we can put a large hurt on their troll business model.
463
Getty Images Letter Forum / Re: Another Newby Masterfile
« on: November 29, 2012, 05:14:01 PM »
joee,
There are lots of suggestions for how to proceed on this website. I have been on this site for 9 months and have never heard anyone complain about having hired Oscar. That's a process that will get you out of the loop and back to business.
Most importantly:
Copyright trolls tend to prey on the fears of good people. Don't give in. Read the forum. You can choose to pursue this on your own or with Oscar or Matt's help. In any case, it should cost you far less than what they ask.
There are lots of suggestions for how to proceed on this website. I have been on this site for 9 months and have never heard anyone complain about having hired Oscar. That's a process that will get you out of the loop and back to business.
Most importantly:
- Do not speak to them by phone or email
- All contact should be by registered letter, so you have your case documented in case it should ever escalate - it likely won't over one image.
- Admit nothing. The burden of proof should be on them.
- Have they proven to you that they own the images or have control over the copyright?
- Have they proven to you that the images are registered with the copyright office?
- Have they justified to you the price they are asking?
- If they can't even convince you, what makes you think they will be able to convince a judge?
Copyright trolls tend to prey on the fears of good people. Don't give in. Read the forum. You can choose to pursue this on your own or with Oscar or Matt's help. In any case, it should cost you far less than what they ask.
464
Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam
« on: November 29, 2012, 02:46:18 PM »
Robert, I didn't mean anything by that.
I wasn't sure how jot would take what you said. My belief is that even trying things that didn't work before or that you or I don't expect will work, might work now for some unforeseen reason.
And I also believe that your willingness to share your experience is helpful. It might help Jot tweak the plan so to speak.
So, it's all good!
I wasn't sure how jot would take what you said. My belief is that even trying things that didn't work before or that you or I don't expect will work, might work now for some unforeseen reason.
And I also believe that your willingness to share your experience is helpful. It might help Jot tweak the plan so to speak.
So, it's all good!
465
Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam
« on: November 29, 2012, 02:05:25 PM »
Jot,
Keep the passion and don't let anyone dissuade you from fighting for what is right in this world. I too am appalled by the fact that companies like Getty can use copyright laws as they were never intended to be used.
What's more, they often claim to be on the side of right, when any Google search of the term "copyright troll" makes it clear how wrong what they do is.
My philosophy is that each and every complaint, letter to a lawmaker, article exposing the wrong in what trolls do, survey, piece of copy printed or interview is just one piece of straw in a sack that will eventually break the troll's back.
Although the contributing members of this forum don't always agree on how to wage the fight, we are all passionate that it be waged and hopeful that even some attack that we do not expect to work will turn out to be wildly successful.
Keep us apprised of your efforts. Their are people here who feel strongly enough about this to want you to succeed beyond our wildest imaginations. By staying connected to this group, you will have their support when you need it.
Keep the passion and don't let anyone dissuade you from fighting for what is right in this world. I too am appalled by the fact that companies like Getty can use copyright laws as they were never intended to be used.
What's more, they often claim to be on the side of right, when any Google search of the term "copyright troll" makes it clear how wrong what they do is.
My philosophy is that each and every complaint, letter to a lawmaker, article exposing the wrong in what trolls do, survey, piece of copy printed or interview is just one piece of straw in a sack that will eventually break the troll's back.
Although the contributing members of this forum don't always agree on how to wage the fight, we are all passionate that it be waged and hopeful that even some attack that we do not expect to work will turn out to be wildly successful.
Keep us apprised of your efforts. Their are people here who feel strongly enough about this to want you to succeed beyond our wildest imaginations. By staying connected to this group, you will have their support when you need it.
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