Messages

556

Getty Images Letter Forum / Re: Make Your Voice Heard!

« on: September 28, 2011, 09:51:35 PM »

Well the number of signatures has increased a little, but I can relate. People will complain bitterly on forums. But ask them to get politically involved by calling their congress person or, heck, signing a petition and 9 times out of ten it's just not going to happen.

557

Getty Images Letter Forum / Re: A letter to my Congressman and my two Senators

« on: September 25, 2011, 01:17:52 AM »

I am #6 and I shared it on FB.

558

Getty Images Letter Forum / Re: I need advice on this Masterfile claim please

« on: September 24, 2011, 01:27:25 AM »

Oh I know who this is...

Anyway, if you go back and re-read the original post, you will learn that the O.P. did NOT pay Oscar. He offered to pay him next Monday.

I agree with you that most people should just write their own letters. I know Matt has said as much, too. But coming into Matt's "house" and throwing around false accusations about someone Matt counts as a friend is just plain rude. I'm not sure what your beef with Oscar is, but seriously, is there any chance you might try a little more constructive path?

559

Getty Images Letter Forum / Re: Oscar Michelen takes money from people and never sends letters because hes busy!

« on: September 24, 2011, 01:13:23 AM »

@classaction01 -- Do you have first-hand experience with a letter you paid for not getting sent? Or are you just blowing smoke?

I mean if you had a real, legitimatize complaint, it seems like you would back it up with the date you paid for Oscar's services and what follow-up steps you took. Otherwise your tirade smells like dookie.

560

Getty Images Letter Forum / Re: Carolyn and Evan Photoattorney

« on: September 20, 2011, 09:10:53 PM »

Wow, this is crazy. I'm not saying this IS what happened, but this could have happened:

Scott Sharick is a little tight on cash. He goes to the public library, creates an account on your forum, and posts one of his images. He contacts Carolyn. She sends you a letter and they try and roll you for 12 grand.

The perfect crime.

561

Getty Images Letter Forum / Re: Previously posted my story....what do I do now?

« on: September 20, 2011, 12:30:55 PM »

I do not see how hiring Oscar would help in this case. If your intent is to just "make it go away" and settle, hiring him would mean you have $200 less in your budget.

On the other hand, maybe there is some sort of affidavit or contract you could sign with your client and take full responsibility for the site's content. You could specify that this was work provided for hire by you to them and you are responsible for it. Then maybe you could get Oscar to send a letter.

This would be a win-win for you. It would tell your client you are willing to take the heat for this and it would enable you to continue fighting GI.

But I do not know if GI would stop pestering your client. And anybody can sue anybody for anything. If they ever did decide to file suit (which seems highly unlikely) it would be just as easy to drag both of you into court anyway.

I hope Oscar is able to offer a comment about creating a letter that indemnifies a client and shifts the responsibility back to the designer. Because it seems that GI is using this tactic to embarrass web developers and hustle settlements with more frequency.

562

Getty Images Letter Forum / Re: BuddhaPi has Officially Joined the ELI Defense Team!

« on: September 19, 2011, 10:43:24 PM »

Thanks for joining ELI in an official capacity BuddhaPi. I always enjoy your posts.

563

Getty Images Letter Forum / Re: I paid for the images before using but got a demand letter

« on: September 16, 2011, 10:34:46 PM »

@PoorRicard -- I hope you see how wires got crossed and Matt's comments were not directed toward you. I hope you will decide to return and join the fight.

564

Getty Images Letter Forum / Re: A letter to my Congressman and my two Senators

« on: September 16, 2011, 10:31:39 PM »

@phxsunbum,

That's an exceedingly well written letter. I hope you don't mind if I crib parts of it to send to my Senators and Rep Waxman. I don't want to violate your copyright on that letter.

565

Getty Images Letter Forum / Re: Go Away?

« on: September 09, 2011, 12:43:24 PM »

Jake,

If you are willing to engage in a settlement discussion with them, you can make it clear that your payment represents payment for any and all infringement and should they discover any additional images that they represent, they will simply issue you a take down notice and you will promptly remove them. I would wait to spring this part of the negotiation until you arrive at the price.

I have to say I kind of feel like you are dealing with the devil and you will be disappointed with any offer you get. But if you have the time, there is nothing wrong with ginning up the lawyer's billable hours. It might help the stock agencies realize threatening potential customers is a loosing tactic sooner rather than later.

566

Getty Images Letter Forum / Re: Letter from Getty

« on: September 08, 2011, 01:01:36 AM »

You cant get a price from a microstock site and compare it to a Tony Stone collection image.

Thank you for your opinion, your honor.



People can gather whatever evidence they want and argue it however they wish. I've said it before and I'll say it again, the examples of the images I have seen and have had first hand experience with, are not materially different than the images available on microstock sites.  By and large, the images that GI is claiming to have an exclusive rights-managed agreement in place are not exceptional. It appears to many that they are inflating the price and then arbitrarily doubling it.

So when one of these finally do go to court, I hope the defendant will have examples of similar photos, priced at a one one hundredth of what is claimed. And sure, if it is the SAME image that would be fantastic.

567

Getty Images Letter Forum / Re: Getty Reply With A Twist

« on: September 01, 2011, 06:07:50 PM »

>> in the Getty correspondence they copied in a patient who had written a testimonial on the website in question!

I agree with buddhapi that you need to bring up the unprofessional manner in which they involved your client's customer at EVERY point of contact. This could have had potentially disastrous results. I think it is important to send another letter asking them why they saw fit to copy this third party. Is this Getty policy?

Squeeze 'em a little. For them, this is embarrassing at a minimum and they might just want to drop the whole thing.

568

Getty Images Letter Forum / Re: Letter from Getty

« on: September 01, 2011, 05:35:37 PM »

There is a fifth option that is related to these. Here is how I would play these demands:

First, look around and see if there is the exact same image offered elsewhere for license. If it is, point it out to them and tell them to buzz off. Second, find out the actual going rate for that "rights managed" image. It will be fairly high, but you should see what that is. THEN, find similar royalty free stock images. These are often prices at around $10 to $50. Document a bunch for your records.

Compose a letter to the stock image company. Without any admission of guilt, explain that you simply do not have time to research their claim on this image and give them a low-ball offer. (Maybe $50 more then you offered.) Put a deadline on it, giving them 30 days to respond. Tell them if they pursue this
you will need poof of a registered copyright and if they are not the original copyright holder, to please provide a chain of title to this image. Also tell them that since this is the value they are claiming for this image you will require proof of how many times this "rights managed" image was licensed and on what web site and for what price.

So far they have been rejecting these offers, but I predict the day is approaching where they will accept them. If they don't you have to white-knuckle it and hope they don't file suit for 3 years. But even if they do, you have documented evidence that you tried to make a fair offer and you have examples of other images that sell for much less.

In any case, you probably want to go through your site and replace any images you "found on Google" with images in the public domain or images you have taken yourself.

Good luck.

569

Getty Images Letter Forum / Re: Two Canadian tech firms combine ( Masterfile )

« on: August 30, 2011, 12:04:56 PM »

My favorite line was something I can relate to:

The author said Masterfile can "...continue to being squeezed by industry giant Getty who will mow everything and everyone in their path to the ground. "

570

Getty Images Letter Forum / Re: Photographers, Masterfile, Getty should be ashamed of themselves

« on: August 27, 2011, 05:39:25 PM »

You do realize that you are talking about images that are NOTHING like the images Getty is claiming to represent, don't you? My personal experience and the disputed images I have seen are almost laughable in their mediocrity.

So, like I said, why not just price them at a million bucks.