Messages

466

Getty Images Letter Forum / Re: 3 strikes for Alaska Stock

« on: January 01, 2012, 12:53:57 PM »

My friend Russell Jackson represented Houghton Mifflin in that case (and Muench) and I congratulate him on another big win that supports our position. 

467

Getty Images Letter Forum / Re: RIAA case...held to cost of single license fee

« on: January 01, 2012, 12:50:03 PM »

This case actually says a lot of good things for Getty victims. Not only does  it say that actual damages are limited to a single license fee, it also talks about how that license fee is determined by the fair market value. So,  in a Getty case, while Getty could introduce its standard license fee, the defendants could introduce what a reasonable price for the image they used would be in the market place.

468

Getty Images Letter Forum / Re: No Acknowledgment From Oscar

« on: January 01, 2012, 12:42:52 PM »

Dear Glen:   I am sure that your letter went out, but perhaps we neglected to send it to you. Please send me an email at xxx with the name of the entity that received the Getty letter and I will get right on it to track it down. Sorry for the inconvenience and added stress!

469

Hawaiian Letters & Lawsuits Forum / Re: Another Law Firm to add to the growing list of HAN attorneys

« on: December 29, 2011, 10:46:28 AM »

Thanks Lettered - that answers my question.  Hey, maybe I should submit my resume?

470

Legal Controversies Forum / Re: The Little Guy Wins!

« on: December 28, 2011, 10:42:55 AM »

These are good points that also show why it would be great to have counsel for the defendants who knew all of these issues.  Hopefully at the very least, they will stop by this forum and get educated! 

471

Hawaiian Letters & Lawsuits Forum / Re: Another Law Firm to add to the growing list of HAN attorneys

« on: December 27, 2011, 09:36:00 PM »

Interesting stuff. I wonder how HAN finds these lawyers?

472

Getty Images Letter Forum / Re: Are Copyright Holders Seeding Own Files To Find, Sue Downloaders?

« on: December 27, 2011, 09:32:28 PM »

That's incredible! Those articles were great and I have to admit make the "conspiracy theorists"'s beliefs that content is being seeded in order to be found more plausible. 

473

Getty Images Letter Forum / Re: Masterfile Researching Photo Claim on US Copyright site

« on: December 27, 2011, 09:28:35 PM »

Couple of points - we have had "advertising injury" coverage cover lawsuits for clients but the companies have always chosen to use their in house or standard counsel even though these claims are very different than the usual ad injury claims (exaggeration, painting a competitor in a false light, for eg). I have tried to get them to retain my firm at their expense trying to explain that I will save them money and get a lower settlement position than anyone else but to no avail. Secondly - DO NOT dissolve a corporation especially an S corp while a claim is pending, that can often lead to piercing the corporate veil and personal liability. Just leave the corporation open and active, but don't have it own any assets. You can make it broke, but not dissolved.

474

Getty Images Letter Forum / Re: Zvulony Settlement Demand Letter by Canadian Lawyer Gil Zvulony

« on: December 27, 2011, 09:24:06 PM »

No matter with lawyer they use,(though this one seems experienced) the pattern for HAN seems to be the same.  Its always over VK Tylor's images, they always claim you removed his signature from the corner of the image and they seem to only sue in Hawaii over Hawaiian companies' alleged infringements.

475

Getty Images Letter Forum / Re: Need help with Masterfile letter

« on: December 27, 2011, 09:20:43 PM »

 I agree that they don't particularly care about why or how their image got on your site. They are a little better than Getty though in that they will share the copyright registrations with you and at least let you see that they have filed for the images in question. While Masterfile has filed more lawsuits than Getty has, they are also not filing them on every case. 

476

Getty Images Letter Forum / Re: Masterfile's fight to protect its copyright

« on: December 27, 2011, 09:16:27 PM »

I should add, just to be correct that it was its trademark (the name "Masterfile") it was trying to protect not its copyright. Thanks for sharing this SG! 

477

Getty Images Letter Forum / Re: Masterfile's fight to protect its copyright

« on: December 27, 2011, 09:15:06 PM »

What's important to see in that decision is that Masterfile earns about $21 Million annually from licensing its images but still lost in court to a start-up. Good to see that the little guy won out.

478

Getty Images Letter Forum / Re: Getty Images’ “unauthorized use fees” border on mobster-like extortion

« on: December 27, 2011, 09:09:50 PM »

Another use of the word "extortion" to describe these letters!

479

Getty Images Letter Forum / Re: If the shoe fits!

« on: December 27, 2011, 09:09:08 PM »

Thanks buddhapi BTW Where was that quote from? Did you have permission to repost it ! Lol.

480

Getty Images Letter Forum / Re: Breaking new ground with Amicus Briefs

« on: December 27, 2011, 08:57:44 PM »

As I stated on other posts - I am in, lets wait and see how the cases progress and who the defendants retain as lawyers (if anyone)