Messages

496

Getty Images Letter Forum / Re: I-Stock Photo

« on: November 05, 2011, 05:33:35 PM »

Getty issues the letters i-Stock does not

497

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: November 05, 2011, 05:14:07 PM »

I chose $1,200 as a number that McCormack would not likely accept but that would insulate you if you were one of the few folks Getty decided to sue. That number is so far above what its worth that a court would likely say Getty should have taken it and ran. Now, if the infringement allegedly took place in 2007, then the statute of limitation has expired!

498

Getty Images Letter Forum / Re: I got my Getty Letter yesterday

« on: November 05, 2011, 05:04:22 PM »

Using a screenshot of your website to tell you of copyright infringement is not copyright infringement

499

Getty Images Letter Forum / Re: How about an "Occupy Getty" protest?

« on: November 05, 2011, 04:56:42 PM »

Thats funny- you sure you want to camp out in Seattle? If so I suggest you start in June not November

500

Getty Images Letter Forum / Re: Got hit by the letter as well!

« on: November 05, 2011, 04:55:43 PM »

BTW You cannot sue Getty in small claims on a copyright claim. All issues on copyright must be brought in Federal District Court

501

Getty Images Letter Forum / Re: Does copyright infringement have a time limit?

« on: November 05, 2011, 04:54:25 PM »

Just to clear up this issue - Local laws DO NOT APPLY.  Copyright is a federal statute and can only be pursued in Federal Court. The US Copyright Act sets a 3 year statute of limitation which applies throughout the US so 3 years from the date of your first Getty letter the case is over (as long as you have stopped using the images in any way)

502

Getty Images Letter Forum / Re: I got hit by GI. $9860!

« on: November 05, 2011, 04:51:58 PM »

 The Copyright Act is a federal statute so the 3 year statute of limitation applies throughout the entire US. So 3 years form the date of the FIRST Getty letter someone receives is the date the case drops dead forever (provided you have ceased and desisted of course).

503

Getty Images Letter Forum / Re: Karma is a wonderful thing

« on: November 05, 2011, 04:48:41 PM »

So on October 5, 2011 a discovery plan was filed that indicated the parties were in settlement negotiations and agreed to have discovery completed by 1/13/2012.

504

Getty Images Letter Forum / Re: AvePoint, Inc. v. Getty Images

« on: November 05, 2011, 04:39:24 PM »

This lawsuit is interesting and something I have discussed on this forum previously.  It is a declaratory judgment action asking the court to find that the plaintiff's use of the image is NOT an infringement of Getty's copyright. Normally this type of action is brought by a counterclaim in a copyright infringement suit, but it can be used offensively as this one is.  One example of this type of case which we have discussed extensively here is Bernina v. imageline where Bernina successfully sued to have a court state that they did not infringe on Imageline's copyrights. I have emailed the plaintiff's lawyer in this case to get information on what happened in the case. The court file indicates it was dismissed voluntarily by the plaintiff on 11-2-11 before Getty even answered which is usually an indication of a settlement. I have long looked for but never found a client willing to pay the $350 to file a federal lawsuit plus legal fees who also had a valid license or claim over the images.
 I hope that there isn't too tight a confidentiality agreement on any settlement so that the lawyer can pass on some info (which I can then pass on to this forum)

505

Getty Images Letter Forum / Re: Getty letter to me but image was apparently served in another party's ad unit

« on: November 05, 2011, 03:57:01 PM »

You should make sure to follow the steps required by the DMCA so that you can be protected from third party's posting copyrighted material on yoru site.  First thing to do is register a DMCA agent

506

Getty Images Letter Forum / Re: New Canadian Demand Letter by Attorney Julie Stewart of Blackline Law

« on: November 05, 2011, 03:54:14 PM »

I guess Hawaii Art wants to spread the love.  Another lawyer unlikely to sue over any of this.

507

Getty Images Letter Forum / Re: Courts Call Out Copyright Trolls' Coercive Business Model, Threaten Sanctions

« on: November 05, 2011, 03:44:48 PM »

The resistance is time and money. I always felt that Getty did not bother to register their catalogs because they knew that compilation registration did not provide protection over the individual images within the compilation and it would be impossible and costly to register each individual image

508

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

« on: November 05, 2011, 03:42:49 PM »

There are other posts about Hawaii Art and Hawaiian art to provide more info.  Bottom line is that they are highly unlikely to sue

509

Getty Images Letter Forum / Re: i received gettyimages' 2nd letter

« on: November 05, 2011, 03:41:47 PM »

Denise: Your tactic is one that many have taken with success as long as you can put up with the repeated communication. Keep in mind that three years from the date on your FIRST letter from Getty the statute of limitation will apply and the case goes away permanently

510

Getty Images Letter Forum / Re: Images for Website Develops

« on: November 05, 2011, 01:27:03 PM »

Buddhapi has nailed this again sxc is Getty owned and you have to pay and maintain the license for the use of the images you buy. The gov't has some websites with images in the public domain but as Matt has said many ties over taking the images yourself (or hiring a photog to do so) is your best option.