Messages

511

Getty Images Letter Forum / Re: Thoughts on Picscouts ignoring Robots.txt

« on: November 05, 2011, 01:24:56 PM »

I'll let the technical folks try and figure out how bets to make this workable Thanks for all the great info.  I just love this forum! 

512

Getty Images Letter Forum / Re: Masterfile & Arius3d acquisition closing date extended, Arius3D pays MF 450k

« on: November 05, 2011, 01:23:21 PM »

I agree. Thats a big part of their business now

513

Getty Images Letter Forum / Re: Copyright compliance request

« on: November 05, 2011, 01:22:30 PM »

Getty has no obligation to validate anything and the letter will be put in the trash. It is the person who intends to use the work to make sure they have a valid license or permission to use the image and no one else's obligation. Pay for the image outright from a legitimate vendor; secure a license from a legitimate licensing agent; or take it yourself - those are your options.  If you don't you risk getting a letter from Getty or Corbis or Masterfile etc. The days of "If its on the internet it must be free" ARE OVER.

514

Getty Images Letter Forum / Re: Fair Debt Collection Practices Act (ELI Highlights)

« on: November 05, 2011, 01:18:36 PM »

Thanks Matt for posting this info and trying to arm our audience with knowledge. Getty will tell you that they are not trying to collect on a debt so that the fair debt collection act does not apply. The response to this is that these rules still apply to unwanted communications with no legitimate purpose and that therefore once you tell them you are not paying any further class have no legitimate purpose.

515

Righthaven Lawsuits Forum / Re: Righthaven in financial trouble!!

« on: November 05, 2011, 01:15:38 PM »

Good riddance to bad rubbish!

516

Getty Images Letter Forum / Re: Is it legal for GI to hire debt collection?

« on: November 05, 2011, 01:15:14 PM »

They are not putting you in collection or trying to collect on a debt at all.  Read the forum posts that specifically cover this topic.  They are trying to aggressively collect upon a claim, that's it. Their actions are boorish, intimidating and overbearing but they are legal IMHO. As Matt says, we welcome any and all lawyers (and have) to review the mountain of information on here and address if they see a class action claim let us know.

517

Getty Images Letter Forum / Re: Hit with the Letter

« on: November 05, 2011, 01:11:51 PM »

OK Couple of points - First of all great response all around BuddhaPi (as usual).  Secondly, I have not seen a situation where Getty writes a letter about one or two images on a site and then comes back after having found two more. Once PicScout scans the site it usually finds ALL the Getty images on the site and then issues a letter and you never get re-scanned (as long as you take them down) The main purpose of the letter is to stop them from contacting you and trying to get Getty to come up with a reasonable number to resolve the claim.

518

Getty Images Letter Forum / Re: Pay then sue them? Has anyone tried this.

« on: November 05, 2011, 01:03:07 PM »

Dude - when you pay them they will have you sign a document generally releasing them from any claims. Even if you didn't sign a release voluntarily paying them will be a killer to any claim against them even in small claims.

519

Getty Images Letter Forum / Re: New Settlement Demand Letter by Attorney Peter T. Holt of Roseville, CA

« on: November 05, 2011, 01:01:44 PM »

I have dealt with Hawaiian art on one or two cases and I think they are looking to expand this as a business model.  Certainly if you can show that hey did not protect their "work" by allowing it to proliferate on various free wallpaper sites etc. or even better if you can prove that they purposely allowed these images to appear on their to promote their website or whatever reason then a judge will de-value the damages that they would be entitled to or maybe even deem that they are not allowed to complain about the infringement.

520

Getty Images Letter Forum / Re: Being sued by Getty for images on non-live test website

« on: November 05, 2011, 12:57:49 PM »

I think Matt really nailed this issue but often web developers have us send the letter just to stop their clients from receiving further communication.  Often the end users have less stomach for fighting this issue and don't understand the IP issues as well as the developers (which is why Getty likes to target them and wont deal with the developers). I also agree that a test site that was never live is not one that causes damage though Getty could still argue that you are making a commercial "use" of their images without license.

521

Getty Images Letter Forum / Re: Getty Image Demand For Image Removed Months Ago

« on: November 05, 2011, 12:54:27 PM »

It is difficult to clear all of the archived versions of your website tho BuddhaPi and other posts on this forum delineate how  to bets do so. Domain Tools has been the new sticking point here because Getty has definitely been using them to locate their images as well. There may be a good argument as to whether an archived version of your site is a "use" of the images.   

522

Getty Images Letter Forum / Re: Client Received Getty Letter

« on: November 05, 2011, 12:28:34 PM »

Just to chime in here, It is highly unlikely that Getty will sue over a single image claim though it is possible.  You don't need to spend the $195 on the letter but you should make some reasonable settlement offer (less than their current demand) and see if they accept or lower their demand.

523

Getty Images Letter Forum / Re: Fall prey to the fear-based GI letter or choose your power instead

« on: October 15, 2011, 07:49:35 PM »

The principal reason Matt started this and that I jumped in with both feet was to empower people! Information is key - the main source of the internet's power is not pornography as some may suspect it is INFORMATION! I remember when Pres Clinton was running for office and he kept mentioning that in the next few years we would be relying on the "Information Superhighway" and wondering what the hell he was talking about (I wish I knew what he was talking about because at that time there were only 40 websites in total.) But Matt's idea to get this info out there to educate the public at large is the main reason why this website exists.  Thanks for the excellent post!

524

Getty Images Letter Forum / Re: Has anyone thought of publishing a list of those who support Getty?

« on: October 15, 2011, 07:45:42 PM »

Matt - you nailed it!

525

Getty Images Letter Forum / Re: Another infringer and action I took with Getty

« on: October 15, 2011, 07:44:09 PM »

I agree with Matt - thanks for mentioning that the videos and posts helped.  Matt and I spent alot of time getting this info out here (and are now being helped by SG and buddhapi) and it is gratifying to know it helps