Messages

571

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

« on: July 19, 2013, 08:27:54 AM »

Depending on how aggressive you want to be I was able to make them go away after 3 months.  I waited until they threatened to send it to their legal dept.  I have it all documented and you can read the letters between Getty and me as well as the complaints I filed in this thread.

This does take a lot of work and you have to follow through.

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

572

Getty Images Letter Forum / New Member of the Getty Family

« on: July 18, 2013, 11:08:05 PM »

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

573

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

« on: July 18, 2013, 12:33:19 PM »

I love reading your stuff Mulligan 

574

Getty Images Letter Forum / Re: Licensing Fee

« on: July 18, 2013, 08:36:59 AM »

every situation is different and without knowing yours I can't offer any opinions.  How did you acquire the pic, was it on your server or hotlinked etc.

I would do all exchanges by snail mail.

Thanks Greg.

You say you would approach it a little differently. How would you approach it? I've been reading and learning for the last two weeks or so and I'm not sure which way I want to take this.

At the moment I'm leaning towards a snail mail letter stating that at no time was this picture viewable through my website (which is the truth, it was on my server but you couldn't get to it through the pages). Then making them a good faith offer of $50.

From what I've read, I'd guess they would turn down the $50, but then at least if they do take me to court I can claim I tried to settle this.

Any opinions?

575

Getty Images Letter Forum / Re: Getty Images U.S. Copyright Office Registered Images

« on: July 18, 2013, 08:31:23 AM »

Here's a thread where Nancy Monson even states they don't require reg. numbers from their contributors and it's up to them to register the images.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-interesting-message-from-a-getty-'copyright-compliance-specialist-'/

576

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

« on: July 18, 2013, 08:28:19 AM »

This is one of the biggest problems we have with GI, what other business after presenting someone with a bill and asked to provide a break down of the charges proving the amount owed can tell you they we only provide it when we sue you, now pay us.

577

Getty Images Letter Forum / Re: Anyone had a run-in with Sanders Law PLLC? Fair use?

« on: July 18, 2013, 08:22:06 AM »

Look forward to learning about them.

578

Getty Images Letter Forum / Re: Getty vs. Porn Trolling Model

« on: July 18, 2013, 08:20:56 AM »

Also the porn trolls used the "Shame" factor as a weapon too, many would pay even if they didn't do anything because they feared being named in a public case for downloading porn.

579

Getty Images Letter Forum / Re: Question About Getty Images Own Copyright Infringement Liability

« on: July 18, 2013, 08:17:41 AM »

This case may help, it was determined (at least in this case) that screenshots are not proof of infringement.  The way back machine is just a collection of screenshots. Don't let the name of the company fool you, this was a US case.

http://scholar.google.com/scholar_case?case=15389748576569562202&q=Telewizja+Polska+SA+v.+Echostar+Satellite&hl=en&as_sdt=2,5&as_vis=1

580

Getty Images Letter Forum / Re: Licensing Fee

« on: July 14, 2013, 03:50:51 PM »

It was held invalid for that particular case. That doesn't mean that the image(s) they are sending you a letter over are not registered properly.  The only thing I am saying is of all the stock photo companies MF tends to have their stuff together more than the others and I would still fight but would approach it a little differently then when  fighting Getty.

Doesn't this "Masterfile's Copyright Registration Method Held Invalid by California Court" throw a monkey wrench into their thieving practices?

581

Getty Images Letter Forum / Re: Getty Letter Advice

« on: July 12, 2013, 10:08:33 PM »

Agreed, Stinger is spot on as usual.

582

Getty Images Letter Forum / Re: Licensing Fee

« on: July 12, 2013, 10:05:20 PM »

While I agree with Robert remember that MF is not the same as Getty and tends to have their duck more in a row.  I would read and continue to educate yourself before any further communication with them.  I also agree this should be done via snail mail as opposed to email.

583

Getty Images Letter Forum / Re: Background images?

« on: July 12, 2013, 09:57:50 PM »

I have also seen where PicScout will pick up just a small part of an image that has been used as part of a background image.

584

Getty Images Letter Forum / Re: Got a letter from a "Photo Attorney" who is on Caroline Wrights team

« on: June 25, 2013, 07:34:02 PM »

Getty even offers you a separate "insurance policy" to protect you from the images they license to you. It's in an online brochure called "Be Sure of It" but seeing how ofter they are sued for infringing on others works I can see why they offer it. 

Honestly as far as I can tell ALL of these micro-stock companies write themselves a loop hole. Seems even they are not willing to accept responsibility and indemnify the end user.

However, if you are using an image someone claims to have exclusive rights to, it should help if you can show a license. Most legitimate companies will leave you alone and pursue the entity that sold you the license.

I say most because there have been several cases of photo attorneys hounding end users, despite being shown a receipt for a template or an invoice from another developer.

585

Getty Images Letter Forum / Re: Got a letter from a "Photo Attorney" who is on Caroline Wrights team

« on: June 23, 2013, 01:39:04 PM »

Robert is correct, if you don't have a license for an image and it is not your image you should remove it.  pond5 is a great resource, I only use my own images but I have looked at their site and they have good images at fair prices and if I ever find myself in need an image I will look there first.