Messages

556

Getty Images Letter Forum / Re: copyright questions

« on: July 20, 2013, 05:45:03 PM »

Something in the back of my head tells me that it cost Getty right around 100k but I am not 100% sure.  I will try and go back through the forums and find it.

I should clarify why i mentioned the trdemarks in the first place...i was thinking about the scented tree car fresheners company that sued getty because getty was licensing images that had the little hanging trees in some images..the case settled and we don't know the details, but i'm assuming getty paid them something.

557

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 20, 2013, 05:33:51 PM »

I know it makes me chuckle, but might not be a bad idea as often as Getty is sued for selling images that are not theirs.

Getty will even sell you an "insurance policy" for the images you get from them, it's listed in a brochure called "Be Sure of It" 

Still funny btw!

558

Getty Images Letter Forum / Re: copyright questions

« on: July 20, 2013, 10:15:04 AM »

I agree with Robert and his answers, with regards to question 4 I think that would be okay as it would be a case of de minimis infringement. I cite Davis v. The Gap as reference.

Davis v. The Gap,246 F.3d 152 (2d Cir. 2001).

"The de minimis doctrine is rarely discussed in copyright opinions because suits are rarely brought over trivial instances of copying. Nonetheless, it is an important aspect of the law of copyright. Trivial copying is a significant part of modern life. Most honest citizens in the modern world frequently engage, without hesitation, in trivial copying that, but for the de minimis doctrine, would technically constitute a violation of law. We do not hesitate to make a photocopy of a letter from a friend to show to another friend, or of a favorite cartoon to post on the refrigerator. Parents in Central Park photograph their children perched on Jose de Creeft's Alice in Wonderland sculpture. We record television programs aired while we are out, so as to watch them at a more convenient hour.8 Waiters at a restaurant sing "Happy Birthday" at a patron's table. When we do such things, it is not that we are breaking the law but unlikely to be sued given the high cost of litigation. Because of the de minimis doctrine, in trivial instances of copying, we are in fact not breaking the law. If a copyright owner were to sue the makers of trivial copies, judgment would be for the defendants. The case would be dismissed because trivial copying is not an infringement."

http://www.scribd.com/collections/4119335/Davis-v-The-Gap

If I'm at the actual movie theater and take a picture with a bunch of friends around the movie poster (with the movie poster in full view), can I post that on my website?

559

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 19, 2013, 11:24:19 PM »

Please keep us posted and let us know what you do and how it goes.

560

Getty Images Letter Forum / Re: Is there a definitive IP range for PICSCOUT - i want to kill the spider!

« on: July 19, 2013, 06:19:08 PM »

With your sterilization make sure you check the wayback machine and make sure nothing is on that site and if so remove it.

561

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 19, 2013, 06:17:21 PM »

Getty will even sell you an "insurance policy" for the images you get from them, it's listed in a brochure called "Be Sure of It" 

562

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 19, 2013, 06:13:42 PM »

I can tell you that Getty will tell you that finding an image by an internet search does not mean it's free, you also admitted taking it from a website.  I think you may want to consider citing the Jonathan Klein TechCrunch interview where Mr. Klein states he welcomes people taking their images, playing with them and using them up to the point there is a business model.  What you have described sound like what he is saying. You were using the image to learn how to build and operate a website.

Nancy Monson, Douglas Beiker or whatever Getty pen-pal you are dealing with will tell you it doesn't matter but in my opinion I would go at it from this angle.

http://techcrunch.com/2012/03/22/for-pinterest-revenue-will-turn-copyright-questions-into-problems/

563

Getty Images Letter Forum / Re: Got Nancy Monsons' e-mail reply. How much is court?

« on: July 19, 2013, 06:02:21 PM »

Glad to see you will join in the fight.  Please keep us posted as to what you decide and how it goes.

564

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 19, 2013, 04:21:59 PM »

There is nothing wrong with writing to them, I did so and got them to leave me alone but I did not send anything until I understood the process and what I could expect to happen.  You have made it more difficult for yourself by engaging them before educating yourself, let us know what you said and we may be able to offer an opinion as to the direction you should take.

565

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 19, 2013, 04:13:48 PM »

I always used regular mail as I wanted a written record of everything that was said. What company did you get your template from?  If it was template monster than you should be okay as Template Monster settled with Getty directly.  Read up and educate yourself before sending any reply.

566

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 19, 2013, 03:07:35 PM »

Robert is spot on in his advice, read up and get educated, ask questions.  I would not respond until you learn more about Getty and their tactics.

567

Getty Images Letter Forum / Re: Got My Getty Letter - Thank You For This Site

« on: July 19, 2013, 03:00:22 PM »

Quite a bit has happened and it comes down to Getty appears to have decided it to leave me alone.  Here is a thread that details what I did along with all the documents.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

There is quite a bit a reading but it may be worth it if you are wanting to fight this yourself. 

I know it's been a long while since your last posting on this.  I was just curious what has happened since and how it's going now?  I'm in the same position - at the same point you were - at this last posting.  Wondering what is ahead for me

568

Getty Images Letter Forum / Re: Got My Getty Letter - Almost Laughable

« on: July 19, 2013, 10:31:37 AM »

You should not have to worry about a collection agency, this is a claim and not a debt.  I don't know the laws in Canada but I would assume they are similar to the laws in the US.  All you have to do (in the US) is tell them that this is a claim and not a debt, you are trying to resolve the issue with Getty and not to call you again.

569

Getty Images Letter Forum / Re: A judgement from The Fourth Circuit

« on: July 19, 2013, 10:27:34 AM »

Good find Ian, thanks for the info I'll add it to my pile.

570

Getty Images Letter Forum / Re: New Member of the Getty Family

« on: July 19, 2013, 08:40:38 AM »

I like that idea! That should be done with all Getty subsidiaries. Or since it is all owned by Getty maybe extend the letter program to file complaints with the AG against Getty as the parent company when the letters are received for innocent infringement and i-stock behaves like Getty.

Saw this yesterday and didn't get a chance to post it.

Co-founder and Chief Executive Officer Jonathan Klein today announced the appointment of Ellen Desmarais as General Manager of iStockphoto

http://www.sacbee.com/2013/07/15/5569175/getty-images-names-ellen-desmarais.html

Perhaps folks that get letters from IStock, should just go to the top and reply directly to Ellen..Let her know what kind of scumbags she's working for.