Messages

541

Getty Images Letter Forum / Re: Muensch case

« on: August 28, 2011, 05:44:59 PM »

MF claims that this author list would suffice to make the case different from Muensch, but I don't believe so. I think the core of the reasoning in Muensch is that registering by compilation in this fashion does not provide individual protection for the images included on the list. Yes the main issue was that authors were not included but I don't think listing them in this fashion would make Muensch inapplicable. 

542

Getty Images Letter Forum / Re: How do you know if images are owned by Masterfile or others?

« on: August 28, 2011, 05:42:18 PM »

iStock is owned by Getty. Never heard of CanStock

543

Getty Images Letter Forum / Re: Will the US follow suit?

« on: August 28, 2011, 05:41:36 PM »

Thanks for the post Bekka - Problem here is that in US digital image companies are spending big bucks lobbying Congress!

544

Getty Images Letter Forum / Re: Mission Accomplished --> Paid ZERO dollars in settlement to Masterfile.

« on: August 28, 2011, 05:40:03 PM »

Many people choose to ignore the letters from MF and obviously MF cannot sue everyone they write letters to. I say "Don't ignore them" for two reasons: (1) Most simply put, as an attorney I would not legally advise someone to ignore a legal claim that exposes them to legal fees and penalties. If "ignore them" was the best legal advice to give, it would entail a full explanation to the client of the risks/rewards of this versus their other options. (2) Why risk that you will be one of the folks MF does decide to sue? And just because you engage them in settlement talks, does not mean you have to settle if they do not come down to a figure that YOU think is fair.  But if you should then be sued, at least you can go into court and establish that you tried to be reasonable but they wanted too much money. That greatly reduces your exposure to legal fees being awarded.

545

Getty Images Letter Forum / Re: List of Public Domain stock footage companies

« on: August 28, 2011, 05:39:01 PM »

They are indeed, we are getting more iniquiries about their claims all the time

546

Getty Images Letter Forum / Re: Getty Fishing?

« on: August 28, 2011, 05:38:00 PM »

This is too general a question. Please read the basic posts and look at the videos and come back if you have more specific questions that can be addressed.

547

Getty Images Letter Forum / Re: Ken MacDonald of Masterfile trying to extort $4000 for a small image. BIG SCAM!

« on: August 28, 2011, 05:36:53 PM »

Many people choose to ignore the letters from MF and obviously MF cannot sue everyone they write letters to. I say "Don't ignore them" for two reasons: (1) Most simply put, as an attorney I would not legally advise someone to ignore a legal claim that exposes them to legal fees and penalties. If "ignore them" was the best legal advice to give, it would entail a full explanation to the client of the risks/rewards of this versus their other options. (2) Why risk that you will be one of the folks MF does decide to sue? And just because you engage them in settlement talks, does not mean you have to settle if they do not come down to a figure that YOU think is fair.  But if you should then be sued, at least you can go into court and establish that you tried to be reasonable but they wanted too much money. That greatly reduces your exposure to legal fees being awarded.

548

Getty Images Letter Forum / Re: Possible Strategy against Getty?

« on: August 28, 2011, 05:30:56 PM »

well said buddhapi

549

Getty Images Letter Forum / Re: Getty letter - offered to pay over time - rejected

« on: August 28, 2011, 05:28:19 PM »

@giganster:  You should condition that all your comments/discussion/etc are in the context of potential settlement and therefoer not admissible in federal court under Federal Rules of Evidence 408

550

Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??

« on: August 28, 2011, 05:24:37 PM »

The Title requirement will slow down the compilation filings, but I wouldn't be surprised if they dont ask for that for larger filers.

551

Getty Images Letter Forum / Re: Alaska Stock Images Settlement Demand Letter

« on: August 28, 2011, 05:23:07 PM »

keep us posted!

552

Getty Images Letter Forum / Re: Class Action Lawsuit Against Masterfile.

« on: August 28, 2011, 05:22:21 PM »

See my comment on Nemen Nights suggestion at the other part of the forum he posted on

553

Getty Images Letter Forum / Re: GR/PPH/CON Form

« on: August 28, 2011, 05:19:43 PM »

Buddhapi has it right

554

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

« on: August 28, 2011, 05:15:28 PM »

Very interesting - the plaintiff has great counsel in H. Jay Spiegel, so the defendants will have their hands full. Placing Getty's name on her image is a whole separate claim they could pursue. The defendants lawyers have asked for additional time to respond so there is no news yet  but I will monitor the case and let you know what happens.

555

Getty Images Letter Forum / Re: Can we start a "Success Mission Accomplished" Thread for success stories?

« on: August 28, 2011, 05:04:38 PM »

great story and congrats!