Messages

541

Getty Images Letter Forum / Re: Adlife Marketing & Communications ASKING $8,000 for an image

« on: December 03, 2016, 02:11:57 PM »

Negotiations 101 Tips

1. Don't undersell your position. If they really wanted to sue, they would have already done it. They just want money and to save face.

2. Always make a counter-offer.  Offer $500 then.

3. Remind people of negative consequences of THEIR actions. Believe me, in Joel's case, the second he files any lawsuit on anyone, there will be swarms around him.  There are plenty of people on the Net who know about him.  He has become infamous for being the $8K Food photo schmuck.  Already, there are lots of anonymous people from his past who have known him squealing with "interesting stories" about him.

4. Anything he now does is reflective to ALL his employees. I would hate to be one of his employees. They have to be embarrassed by him. There is a good chance most of them know what is going on now online.

You might be well served if you understand the current dynamic of his situation by reading copyright-trolls.com where the main story for weeks has been CEO Joel Albrizio himself.

We just had our first Word Association game relating to him. You can read into those words what you will. They are singular words subject to interpretation and personal bias.

A representative from AdLife suggested that they would settle for $750. Would we be best served to pay the $750 and be done with it? How do they prove damages in a situation like this? $750 seems high for a small picture of lasagna.

Thank you for your time.

542

Getty Images Letter Forum / Re: Getty Demand Letter - Rights-Managed Image

« on: December 02, 2016, 04:55:10 PM »

Why would you assume that they may take legal action against you when history has shown it rarely happens?  Is there something about your case or situation that is special?

And regarding advice on Getty Images letters, there are hundreds of posts on generic/vanilla Getty Images letters here. Plenty of free videos too. Go start reading this forum. 

The exception to all the self-education is if you want to pay for premium ELI phone support service or enroll into Oscar Michelen's Defense Letter Program which allows you to shortcut the learning process.

Any advice is greatly appreciated as they may take legal action.

543

Getty Images Letter Forum / Re: Minden Pictures

« on: December 02, 2016, 04:47:18 PM »

Okay, it sounded like they admitted to making a clerical error.  I have no reason to not accept their statement. It sounds like you were a false positive that they caught.

I would say it is over.

However, although it was never meant for you, I would take the opportunity to make sure the images on your website are "clean" and accounted for.

544

Getty Images Letter Forum / Re: Sue for Harrassment?

« on: December 02, 2016, 04:44:34 PM »

The fact that NCS is responding means you sat on this too long and quite possibly be dealing with a moron. WTF is he saying here? Is he saying "oh ignore the differences of the images shown in the accusation letter Getty sent you but I trust them if they say the image you used still belongs to Getty."  If that is the case, that is a stupid answer.

Well, Matt Miller of NCS is a fucking moron if he thinks that Getty Images has been a perfect model of citizenry and operations. It would be more credible if the statement came from Getty themselves, not some low-level collection clerk.

HOWEVER, because we are taking at YOUR word and we don't know about the images being entirely different, I am not going to automatically assume Getty was wrong.

If you are convinced they are not the same images, post a copy of the letter and let us see the clear differences between the two.  Redact your name and any other identifying info.  I am not talking about someone taking the original image and then modifying/enhancing it which would be a derivative.  Is the image they are accusing you of a derivative of the original photo?  Or does it actually look like it was taken by 2 different photographers.

How are the photos actually different? Just because you say it is different does not necessarily mean the underlying image wasn't infringed upon. That is where those of us reading your post would need to determine. You might be right but you might also be wrong.

And if you were to hire a lawyer, I recommend Oscar Michelen's Defense Letter Program. It is reasonably priced at $200 flat fee.  I guarantee you the bullshit answer Matt Miller gave is one Oscar would not accept if he determined the images were indeed different.

Thank you for the advice. I wrote that they are in fact two different pictures and this is what I received (they are absolutely two different images):

As you may know Getty Images is the recognized world leader in their industry.  To initiate a merit less claim as you have eluded to would be above all, irresponsibly, but moreover would quickly lead to the diminished credibility as the leader in their industry.

If you would prefer your attorney to handle the settlement process on your behalf I am happy to speak with him or her in that regard.  Thank you again for your response and continued attention to this matter.  I hope you are off to a great start to the day today.

Best Regards,
 
Matt Miller
NCS IP Solutions
PO Box 50276
Sarasota, Fl. 34232

Why do I need to provide proof of licensing for a picture that is not owned by Getty?

545

Getty Images Letter Forum / Re: Passed My SOL Date

« on: December 02, 2016, 10:49:07 AM »

Don't fool yourself. Sanders Law and BWP Media is alive, well, and active. As with most of these folks, they tend to focus on low-hanging fruit and those parties that are more profitable and collectable.

Obviously, you must have done something right to make yourself less attractive to pursue. Kudos to you. But that doesn't mean Sanders Law and BWP Media aren't still very active.

Looking like a small-timer is one of the best ways to dissuade any potential lawsuits. It is often contrary to when you are marketing your business. Some people do too good a job on their websites which makes them a magnet in legal conflict situations.

When this all began I never thought this date would arrive. I officially passed my SOL on November 23. Thank you all for the great advice and wisdom you shared when I first came here. I learned a lot from all of you and I'm glad this place exists.

It seems Sanders Law, PLLC and BWP Media USA have slowed down quite a bit over the last three years. Over the next few days and weeks I will try to share more about my story now that things are done. I have always enjoyed candor of some of the other members who revealed their stories, sometimes in great detail. I would like to do the same now.

546

Getty Images Letter Forum / Re: Sue for Harrassment?

« on: December 02, 2016, 10:43:54 AM »

If the image you used is not the same image they claim they own, you need to call them out on it and let them know. They are not telepathic. You are actually bringing more problems on yourself by not complaining that they made a mistake.  They will continue to send letters and they are NOT harassing you because you choose not to respond.

Until you do your part, you have no leg to stand on here to say they are harassing you.

I am not defending Getty here but, objectively speaking, nearly every letter I have seen and spoken to people about, the recipients did not claim that the image being infringed upon is an image that did not match up to the image used on the website. But you claim they are making a mistake when the general pattern is that they generally don't when it comes to matching photos.

If the images don't match up, you should have told them after the first letter and the matter should go away. If they disregard what you claim are facts, then that becomes a whole different matter.

I've received four emails from Getty and now emails and letters from NCS IP Solutions, LLC for use of an image. The images are not the same however. They are very close, but there are obvious differences, beyond the fact that I have license from the photographer for use of the image I'm using.

For all the harrassment they put others through, is there any recourse for their blatant extortion efforts?

Thanks in advance!

547

Getty Images Letter Forum / Re: I'm a Newbie who just received a Peter T. Holt Demand Letter...

« on: December 02, 2016, 10:24:08 AM »

Peter Holt is a name familiar to us. From what I have been able to gather, he is an older California lawyer schlepping around in this business.

If appears you have done your homework on your situation. Good job. Lots of people don't do what you have done.  The copyright registration system is extremely flawed and badly needs to be updated. Absolutely no one can tell what any copyright registration is used for any given image.  It is a huge flaw. However, there are some clues but not much. You have a choice to either accept what they present you is truth or not.

Regarding lawsuit dismissals, I would venture to say that 95% of all dismissals is probably due to quiet settlement. But there is the rare dismissal when the defendant presents enough information to dissuade the plaintiff from going forward.

As you know, there is a ton of info that is here on the ELI Forums. But hopefully, you have gathered that ELI is not just being legalistic and developing an intellectual resolution to the matter. And MANY, MANY people want that but the fact of the matter is that is exactly why most people remain victims.

There is a certain pushback attitude and conviction that has to be adopted. Being pissed helps but ultimately there is a hugely diverse attitude on how much you should stand your ground over de minimus infringements.

I think you will find that "ELI loyalists" have one thing in common: they adopt a "don't fuck with me" attitude and it helps govern their actions even if they pursue settlement options.

You also have to determine if you are willing to be "uncollectable" or "unservable" in considering lawsuit possibilities.

What you do next is what every person who gets a letter faces.  The simplest one is to ignore it. The other is to respond but don't get fooled that you will write something so magical that you will "stun them into silence". Or you play ping pong with them, the idea being that you are not ignoring it but you will not roll over either by being low hanging fruit.  The point of responding is to show you are not ignoring the situation, explain and acknowledge the situation and concern, and your proposed resolution.

So many people have copied my publicized response letters over the years almost verbatim but don't get the results I get. The reason why my letters "worked" for me is that I meant what I said and it was no bluff. It also had the virtue of being original at the time. It also had the virtue of "force" behind the letter because it was in concert with what I publicly posted on this website. I was willing to adopt a scorched-earth philosophy if necessary which means "if I get burned, I take you with me" attitude against specific employees. And so, they "went away" never to be heard again.

Having said that, I can be an extremist in that fight-back attitude and not everyone can (or should) do that. I only share that with you because, for me, it works. Stinger (ELI friend/loyalist) has shared his story many times when he was faced with multiple images accusations.

No one here is going to tell you to pay "sticker price" but no one is also going to tell you to NOT settle either. It is very personal choice.

I think most people agree that if you must settle, negotiate hard to get that number down. There are actually MANY ways to proceed but it does require some negotiation/posturing tactics. These are "soft skills" and very hard to teach.

More and more, we are hearing stories of people who successfully file countersuits in response to any copyright lawsuit and it changes the whole dynamic.  It is no longer them coming after you. They come after you but you also have the right to go after them and ensnare them.

You should read this case of one such individual who did it himself! http://www.extortionletterinfo.com/forum/getty-images-letter-forum/the-interesting-case-of-getty-images-v-jj-cleaning-co-(rhon-johnson)/

548

Getty Images Letter Forum / Re: Minden Pictures

« on: November 19, 2016, 05:37:17 PM »

It was sent in error because you were the wrong party or you didn't infringe?  What is the  error they stated?

So I just got a letter from LCS stating that their original letter was sent in error.  I guess my saga is over already?

549

Getty Images Letter Forum / Alternatives to Getty Images & iStockPhoto (non-subscription preferred)

« on: November 19, 2016, 05:23:06 PM »

For years, I have been pretty shut down to the idea of using any stock photo companies. People have also asked for recommendations and I not given any.  I have expended almost no time or energy to vet or evaluate any stock photo companies. But others of you have and I want to revive that discussion. There is an abundance of companies wanting people to subscribe but I am not interested in that. I think more people are served when people can pick and choose the images they want without committing to any one company long term.

The last time we had the discussion was in this thread but I never acted on it:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/alternative-source-of-images-to-getty-images-shutterstock-fotolia/

This is what I've researched so far.

CanStockPhoto's plan & license:
http://www.canstockphoto.com/plans-and-pricing/
http://www.canstockphoto.com/eula.php

PhotoDune's plan & license:
https://photodune.net/
https://photodune.net/licenses/terms/photodune_regular

Dreamstime's plan & license (Purchase credits):
https://www.dreamstime.com/credits
https://www.dreamstime.com/elterms.php#royaltyfree

Fotolia's plan & license (Purchase credits or subscription):
https://us.fotolia.com/Info/HowToBuy/Overview
https://us.fotolia.com/Info/SizesAndUses/Images

Shutterstock's plan & license:
http://www.shutterstock.com/subscribe
http://www.shutterstock.com/license-comparison

Someone mentioned Pond5.com before but they seem to require a subscription which I am not crazy about.
https://www.pond5.com/membership

Any feedback and suggestions to this thread is appreciated.

550

Hawaiian Letters & Lawsuits Forum / Re: Vincent Tylor Lawsuits of 2016

« on: November 19, 2016, 10:10:02 AM »

It has been discussed in other similar cases that many judges do not want courts to be used as their business collection agency. But that is exactly what happens. Unfortunately, you have to have the right defendants with the right attitude to punch back.

Is it just me, or does that list look like someone's plan to use the court system as his personal business?

551

Higbee Associates Letter & Lawsuits Forum / Mathew Higbee of Higbee & Associates Bullshits People about "National Law Firm"

« on: November 18, 2016, 06:27:28 PM »

This is one reason why ELI continues forward after 8.5 years. We still catch BIG bullshit lines by sleazy lawyers fed to extortion letter recipients.  I was forwarded a copy of one of Mathew K. Higbee's emails and this is his signature line.

Law Firm of Higbee & Associates  (http://www.higbeeassociates.com)
1504 Brookhollow Dr., Suite 112, Santa Ana, CA 92705
Phone: (800) 716-1245

This is not a scam. Higbee & Associates is a national law with an A+ rating with the Better Business Bureau (click here to verify ). Our lead attorney, Mathew Higbee, has been licensed to practice law since 2006 (click here to verify ). We have 21 offices across the country. Our headquarters is in Santa Ana, California (click here to verify with the California Secretary of State. Select Corporation and search “Higbee & Associates").

In the email signature area, he provides web links to corroborate that he is a member of the BBB, licensed to practice since 2006, his "headquarters" (office) are in California. As far as I can tell, these appear to be true statements.

However, I will tell you what I think is bullshit.  Higbee is trying to pretend to be MUCH BIGGER than he really is by saying that he is a "national law firm". I know about large law firms and he definitely does not fit the profile. Not even close.  He is not any larger than most of the small-time copyright extortion lawyers we have covered who work for commissions.

Higbee tries to bullshit people on a much larger scale.  What he has is an association/network of virtual offices, address rentals, and "friendly" lawyers willing to exchange or rent out virtual presence through utilizing other's mailing addresses. He appears to use inexpensive mailing address rentals and virtual offices to create his "national presence".

I challenge the fact he is a "national law firm" with 21 REAL offices. While I have not checked out every address of all "21 offices", I have checked out seven of them which is 1/3 of his claims.  https://www.google.com/maps/d/embed?mid=1-3KDmbJ-vNQMtQzPH22fZxG1ENc&ll=37.93652818569319%2C-98.33626955&z=4 . This is what I found.

The address of his "Florida office" goes to https://www.galleria-international.com/ which provide address rentals and mini-offices. There is no Higbee & Associates registered with the Florida corporations database.

The address of his "Ohio office" goes to http://www.vllasilaw.com/ . There is no Higbee & Associates registered with the Ohio corporations database.

The address of his "Michigan office" goes to http://penninggroup.com/grand-rapids-cottage-law-attorneys . There is a Higbee & Associates in Michigan but it is signed by a Gary Higbee, not a Mathew Higbee and does not appear to be related.

The address of his "Indiana office" goes to http://www.rutkowskilaw.com/Contact.shtml . There is no Higbee & Associates registered with the Indiana corporations database.

The address of his "Washington state office" goes to http://thinkspace.com/ . There is no Higbee & Associates registered with the Washington state corporations database.

The address of his "Arizona office" goes to: https://www.davincivirtual.com/loc/us/arizona/phoenix-virtual-offices/facility-2118 . There is no Higbee & Associates registered with the Arizona corporations database.

The address of his "New York office" goes to https://www.davincivirtual.com/loc/us/new-york/new-york-city-virtual-offices/facility-1066 . There is no Higbee & Associates registered with the New York corporations database.

How much you want to bet that if I went through all 21 of his alleged office addresses, that the vast majority will have similar bogus results. 

If any victim is inclined to make a complaint (State Bar, Attorney General, BBB, etc.) against Mathew Higbee and/or Higbee & Associates for FALSE & MISLEADING ADVERTISEMENT and FALSE STATEMENTS, you can begin with the research and information I have revealed on this post. Most state bars have stern rules regarding misleading advertising claims.

As I have frequently stated, many of these extortion lawyers who work for commissions are STUPID! Mathew Higbee is stupid for taking these actions.

No reputable lawyer I know would every make the crazy claims he has by saying he is a "national law firm" with 21 offices especially when he has NOT been registered in these states. I question whether he has business licenses in most of these locations and states.  I also question how many states he can actually practice in. Being able to practice in any given state is authorized on a state-by-state level. What I do know is that he isn't corporately registered in many of the states to do any direct business there for the offices he makes claims for.

To the best of my recollection, no one we have covered as ever attempted to sell a bigger line of shit (his fairy tales) on how large their firm is than Mathew Higbee. He gets ELI's award of "Sleaziest Extortion Lawyer for 2016."

552

Getty Images Letter Forum / Getty Images files lawsuit against Nevada Dentist

« on: November 18, 2016, 04:44:51 PM »

According to Justia, Getty Images has filed suit against a Nevada dentist. Why the heck would the dentist set up a corporation using his full name?  That is not smart at all. One of the reasons of setting up a corporation to do business is to shield from personal liability.  Using your REAL name as a corporation name is just plain dumb. Many self-employed people have no clue how to choose a corporation name. Incorporating your own name in a corporate name is largely a vanity move in my opinion. But I have NEVER seen a corporation which has the FIRST, MIDDLE INITIAL, and LAST NAME as a corporate name. It just doesn't get any worse than that.

People need to understand that certain parties are hand-picked for Getty Images lawsuits. And unfortunately, I am right again in regardings to Getty Images more likely to sue brick-and-mortar businesses such as a doctor's office or dentist's office.

Getty Images (US), Inc. v. Michael S. Duboff, Inc.

Defendant: Michael S. Duboff, Inc.
Plaintiff: Getty Images (US), Inc.
Case Number: 2:2016cv02507
Filed: October 28, 2016
Court: Nevada District Court
Office: Las Vegas Office
Presiding Judge: James C. Mahan
Referring Judge: George Foley
Nature of Suit: Copyright
Cause of Action: 17:501 Copyright Infringement
Jury Demanded By: None

553

Hawaiian Letters & Lawsuits Forum / Vincent Tylor Lawsuits of 2016

« on: November 18, 2016, 04:34:25 PM »

According to Justia, These are the 2016 lawsuits filed by Vincent Tylor.  In the last 2 months, it appears he filed 4 lawsuits against 4 Hawaiian based businesses. Most lawsuits are being filed in the 9th Circuit Court of Hawaii.  He had a quiet summer but decided to make an example of a few businesses beginning late Fall 2016.

Tylor v. Maui Mountain Cycling LLC et al
Filed: November 10, 2016 as 1:2016cv00605
Plaintiff: Vincent Khoury Tylor
Defendant: Maui Mountain Cycling LLC, Michael Johnson, Paradise Adventures Inc. and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court
Type: Intellectual Property › Copyrights

Tylor et al v. Helicopter Consultants of Maui, LLC
Filed: October 4, 2016 as 1:2016cv00545
Plaintiff: Vincent Khoury Tylor , Vincent Scott Tylor
Defendant: Helicopter Consultants of Maui, LLC, John Does 1-10, Doe Corporations 1-10 and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court
Type: Intellectual Property › Copyrights

Tylor v. Hawaii Beach Homes, Inc.
Filed: October 4, 2016 as 1:2016cv00546
Plaintiff: Vincent Khoury Tylor
Defendant: Hawaii Beach Homes, Inc., John Does 1-10, Jane Does 1-10 and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court
Type: Intellectual Property › Copyrights

Tylor v. The O'Connor Corp. et al
Filed: October 4, 2016 as 1:2016cv00544
Plaintiff: Vincent Khoury Tylor
Defendant: O'Connor Corp., The, O'Connor Realty, LLC, James R. O'Connor and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court
Type: Intellectual Property › Copyrights

Tylor et al v. Tripadvisor LLC et al
Filed: April 15, 2016 as 1:2016cv00179
Plaintiff: Vincent Khoury Tylor , Vincent Scott Tylor
Defendant: Tripadvisor LLC, Smarter Travel Media LLC, John Does 1-10 and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court

Type: Intellectual Property › Copyrights
Tylor et al v. Four Seasons Hotels Limited et al
Filed: April 15, 2016 as 1:2016cv00177
Plaintiff: Vincent Khoury Tylor , Vincent Scott Tylor
Defendant: Four Seasons Hotels Limited , 3900 WA Associates, LLC , Hualalai Investors, LLC and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court
Type: Intellectual Property › Copyrights

Tylor v. Precoa, LLC
Filed: March 15, 2016 as 1:2016cv00116
Plaintiff: Vincent Khoury Tylor
Defendant: Precoa, LLC, John Does 1-10, Jane Does 1-10 and others
Cause Of Action: Copyright Infringement
Court: Ninth Circuit › Hawaii › Hawaii District Court
Type: Intellectual Property › Copyrights

Vincent K. Tylor v. Joel Liebke et al
Filed: March 10, 2016 as 2:2016cv01660
Defendant: Does, Joel Liebke
Plaintiff: Vincent K Tylor
Court: Ninth Circuit › California › California Central District Court
Type: Intellectual Property › Copyright

554

Getty Images Letter Forum / Re: Adlife - Extortion Letter Small Business

« on: November 18, 2016, 03:43:12 PM »

Write one letter and address to them both. I have written letters in the past and put in several addressees within the letter. Then you photocopy it and send it separately via snail mail. It sometimes carries more weight when the parties know that there are several parties reading the letter.

555

Legal Controversies Forum / Re: Mitul R. Patel vs. Chan: Bogus Defamation Case Using Fake signature & fake info

« on: November 13, 2016, 12:18:33 AM »

It didn't occur to me. I think you know I have used colorful names and descriptors for various extortionists over the years. Robert has his favorites "asshat", "douchebag", "turd polish", etc. I tend to use other phrases like "little Timmy", "Scottie", "sagging Linda", "bimbo", "Jackass Jolin", "Masterfail", etc.  I have been referring to Mitul as "snakey" for a while now in all my private emails to the lawyers, although in the private emails I tend to refer to him as "Patel" with the word "snakey" very often. We don't use his first name. But lately, I see his first name, and I focus on the "tool" part of his name. And I know many good "Patel"s so I am hesitant to use that name publicly. Hence, "Mi- TOOL".

And without trying to re-litigate my positions, I never objected to the labeling of political adversaries. It was pretty smart and agreeable to my marketing sensibilities. They are fair game because they are "in the arena".

Snakey Mitul sounds a lot like Crooked Hillary.  Are you, perhaps, picking up tactics from what you once thought was the Dark Side?

Just sayin . . .