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Messages - Oscar Michelen

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526
Getty normally has the exclusive right to the image and to its enforcement. Most photographers think Getty is making them more money than they could ever get from their photo so I would not expect them to jump on your bandwagon

527
Stopextortion is correct I send my letter to: Lisa Willmer as Director Corporate Counsel.
601 N. 34th St., Seattle, WA 98103. I have been dealing with Ms Willmer for over three years now. I will not be buying her a Starbucks coffee anytime soon.

528
Getty Images Letter Forum / Re: Got hit by the letter as well!
« on: October 15, 2011, 07:38:22 PM »
We have had a number of large class action lawfirms contact us and look into potential claims against Getty Have not heard back from them. If you can establish that you got your photo from a legitimate source before Getty acquired it Getty will drop the case -its just very hard to prove.

529
Getty Images Letter Forum / Re: I found this rather amusing
« on: October 15, 2011, 07:36:20 PM »
The last thing they want to do is educate the public because this program is making them millions -otherwise they would have never paid $20 million for PicScout

530
Getty Images Letter Forum / Re: Getty sends out the lawyers?
« on: October 15, 2011, 07:34:39 PM »
Do not pay that amount of money!!! McCormack has never field suit over this issue and that fee amount is exorbitant. Also he cannot get his legal fee as the Getty Images are likely unregistered.  You will not be sued for hundreds of thousands of dollars nor will you be held responsible for that. If you don't want to hire me for $195 make him an offer around $1,200 and let don't respond after wards if he rejects it.

531
Getty Images Letter Forum / Re: Requesting registration proof in advance
« on: October 15, 2011, 07:31:51 PM »
McCormack has never filed a lawsuit in any Getty case to my knowledge-never mind in a case over one image. When I send his firm a letter on a clients behalf the file gets pulled from him and shipped back to Gettys corporate counsel.   I would not engage him anymore, if he sues, no judge will be pleased that a lawyer is withholding proof of his claim because it will "up the costs" Also since he is likely dealing with unregistered images, he can't get his legal fees and costs. I would be glad to write him on your behalf just let me know if your interested by emailing me at xxx 

532
Very interesting series of posts and I am sorry that I was not on during this excellent discussion - An Israeli company could not rely on a US copyright as registration if they wanted to complain about Israeli infringement. Glad it worked out in your favor.

533
Getty Images Letter Forum / Re: My "Extortion" Letter Experience (Part 2)
« on: October 15, 2011, 07:20:59 PM »
It is FRE 408 that makes settlement confidential and Getty when they settle will send a settlement agreement that says it is not an admission of guilt (as does Masterfile and Corbis and Superstock) You are also correct that $195 is just for Getty and that I usually charge $200 per hour for 2 hours of work for SS or MF cases (depending on the number of images -2 hours is the minimum) It is highly doubtful they will sue over a single image. If they have registered the image prior to the infringement $200 is the statutory minimum so you should try and get it as close to that as possible. For a registered image $500 is high but not totally out of the ball park - it depends on many factors

534
Getty Images Letter Forum / Re: Make Your Voice Heard!
« on: October 15, 2011, 07:13:07 PM »
I will talk to Matt about the change.org idea and also about maybe getting the Electronic Frontier Foundation involved as well. 

535
Good point SG, I wonder if it will get to that

536
Although this has been posted many times before, let me do so again - once Getty receives a letter from my firm they cannot contact you any longer and it cease to escalate. Regardless of what stage you are at Getty>NCS Recovery>McCormack Law Firm> Lee & Hayes Law Firm once the letter is received it gets pulled away from that entity and sent to Getty's corporate counsel Lisa Willmer, with whom  I have been dealing on this issue for over 3 years now. 

537
Getty Images Letter Forum / Re: Stock Food America
« on: October 15, 2011, 07:02:36 PM »
IMUA (John Grant) has a number of small companies that he represents on this issue. I have not heard of this one before/ Send us the letter so we can put it up on the site (we will redact all your info of course)

538
Getty Images Letter Forum / Re: Just found this website today
« on: October 15, 2011, 07:01:16 PM »
While the developer is responsible to you, Getty almost never contacts the developer.  They like to target the end user.  Take a look at the videos on our site to educate yourself about the various issues and do no further business with the template provider if he won't take this up for you.  About 30% of our "Getty  clients" have their developer paying our program fee

539
Getty Images Letter Forum / Re: My Getty "experience" is over
« on: October 15, 2011, 06:58:13 PM »
Nice result! You are lucky that your developer had records and kept the proof. 

540
Hello? Can you tell me what you are talking about? We have never -ever - taken a fee for a letter and not written a letter for a client. Ever. On occasion if I get too busy and the client cannot wait for me to send the letter, and they settle directly with Getty, we will refund them the money. That has happened twice or three times in the three years this site has been up. That's it Period end of story.
As for your other assertions, they are nonsensical.  Lets analyze your claim that this site makes $100,000 per year. That would require my getting retained on 512 letters a year at the rate of $195 per letter. That's insanity.  We get very few requests for letter per week and most people use the info on the site to handle it themselves. But lets say I did that kind of volume. If I was not actually sending the letter, how many posts would there be on this site calling me a thief, etc. Yet yours is the only one.  Why is that? Because I do what I say I will do. Now, if I am on trial (as I just have been on two back to back Federal matters) there may be a delay in getting out the letter, but for every letter that is delayed, there is another that gets done immediately when I am not involved in daily litigation. It really upsets me to have some (anonymously on top of it) accuse me of something that is made up of whole cloth.

You then say that asking us anything is useless, yet you ignore the incredible amount of information we have put up here for FREE. While I don't get hired for the letter as often as you think, I do get regular emails and phone calls form people all around the country and the globe thanking Matt and me for the info we have on the site. Nobody else is doing this anywhere else in the world. 

Lets look at your next quote:
 
Supposedly Oscar represented in court many Masterfile or Getty victims.. why hasn’t he ever ask them in court to show the judge how much of their revenues comes from extortion and how much from standard licensing. Oscars comes here to this forum and asks users for this information!! This would be one of the first things an intelligent defense attorney would do in court to discredit these companies. I would never hire this man. Yes, you are better off paying more to defend yourself than have someone that will not win your case and only cares about leading you through the court process just to take your money.

How do you know what I have or have not asked for in court? Lets say the companies make three times their gross revenue from images through infringement claims.  Is that a defense? A federal judge will have one answer to that argument: So what? Did your client infringe or didn't he? And if he did what do you say the infringement is worth and why? Those are the legal arguments that count.  How do I lead someone "just to take their money?" I charge a flat fee to write a letter and try to resolve your claim.  No one is under an obligation to hire me if they ever get sued (and so far no one has been sued BTW) to be their lawyer in court.  Maybe you should spend some time reading through some of the posts that are thanking Matt and me for the work we do here - most of which is uncompensated.
 
Lastly you say:

I’m sorry, but I don’t really see anything exceptional about Oscar, his practice or experience. I know many people who claim they have 20 years of experience in certain industries.. sitting on a chair, taking salary.. so what? You must be clever and intelligent. That is what counts.. not how many years you sit on a chair performing mediocrely. Find yourself young and smart lawyer who will actually want to put his/her heart and win instead of just taking your money.


Let me get this straight, you think its better to have a young inexperienced lawyer go up against some of the biggest companies in the world, in one of the most complicated legal areas in the justice system? That's your game plan? And they are going to do this for LESS than $195? Not to toot my own horn, but have you seen my credentials? You would be hard pressed to find  a lawyer anywhere in the country with the educational achievement; litigation background; success rate; and reputation of me and my firm.  I have put my heart and soul into this issue, attacking it creatively and giving people a way to fight back. I will stand on my record any day. Now if you had the guts to (a) reveal who you really are, the way Matt and I do; and (b) give me some concrete examples or complaints that I can defend myself against, I will be glad to address them openly in this forum. Otherwise, please refrain from any further slander and defamation of my character, ability  and professionalism or you will get to see firsthand what kind of lawyer I am. 
 

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