Messages

571

Getty Images Letter Forum / Re: Petition on change.org to boycott Getty Images

« on: August 06, 2011, 04:01:09 PM »

Good point mcfilms. If the traffic on this site is any indication, you should get to 100 signatures quickly.

572

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

« on: August 06, 2011, 04:00:01 PM »

Getty generally at this point does not respond to my letter. There is an understanding between us that once they receive my letter, I understand that their prior responses to the earlier rounds of my letter stand in place as a response to my new letters. We then try to globally resolve a large block of cases at one time at a reasonable figure. Some clients have accepted the figure and moved on, others haven't. Getty has repeatedly stated that they will soon begin suing companies that do not settle (both that are represented by me and that are not). As Matt and I have stated, I think a wave of litigation from Getty is inevitable just because it cannot let the letters and demands be their final position. How they will choose who they sue and don't remains to be seen.  On the other hand, we have been saying this for awhile and no lawsuits have come, so who really knows what their game plan is?     

573

Getty Images Letter Forum / Re: Seems they've lowered the demand amount

« on: August 06, 2011, 01:21:18 PM »

Retro in order to get DMCA protection you have to have a registered DMCA agent.  Here is a link to the Copyright Office's page on registering a designated DMCA agent.  http://www.copyright.gov/onlinesp/

574

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

« on: August 06, 2011, 01:18:48 PM »

IMUA Legal Advisors (John Grant is the attorney there) have become increasing involved in this field.  They have hsndled claims for Superstock, Corbis and now Alaska Images. 

575

Getty Images Letter Forum / Re: $9,000 for 1 image! Photo Attorney Extortion Letter by Carolyn Wright's law firm

« on: August 06, 2011, 01:16:38 PM »

It will be very expensive to independently register each image, so the stock photo industry would not likely do that.  Instead what they are doing is spending lots of money lobbying Congress to allow compilation registration to serve for registration of the individual items contained in the compilation. Once that passes, Getty could register its entire catalog at one time as "the Getty Catalog Compilation", paying a single fee to the copyright office and instantly get protection for all of its millions of images. 

576

Getty Images Letter Forum / Re: Some weekend food for thought.....

« on: August 06, 2011, 01:13:30 PM »

On the JFK issue, it will depend on when the photo was first published.  Here is the copyright offices description of how long copyright lasts:

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.

577

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

« on: August 06, 2011, 01:09:22 PM »

Mcfilms thanks for the effort you put into the list. As for Corbis, they have indeed jumped well onto the bandwagon and use PicScout and NCS Recovery on their claims. I handled one lawsuit involving Corbis so on occasion if there are lots of images involve, they will go to court apparently. 

578

Getty Images Letter Forum / Re: Is is smart to contact the photographer about letters?

« on: August 05, 2011, 05:12:47 PM »

I will only address the one legal issue that I think Helpi did not respond to, which is how can the image be on other sites if Getty has the "exclusive" right to the image. First of all Getty may not be aware that it is on that site (its a big internet out there and PicScout can only scour it so much). Second of all, Getty may OWN those stock sites as the have been scooping up many stock photo sites over the years and placing no indication of their ownership on the sites. Helpi, Cravath would never do something like this forum  since they would be more interested in getting Getty's business. This forum is not part of my firm, it is a personal endeavor with Matt. That being said, my firm has no problem with my participation and connection to it as it provides a very valuable service to small to midsize businesses and individual entrepreneurs. While we also represent many large companies many of our clients fit this description. Also, I am not responsible for the content of others' posts obviously.  You should see some of the comments posted on my blog site www.courtroomstrategy.com.  Sometimes they are out in left field.     

579

Getty Images Letter Forum / Re: Do not pay GettyImages - The BIG Bully!

« on: August 05, 2011, 05:01:21 PM »

Right on the money buddhapi

580

Getty Images Letter Forum / Re: Does Anybody Know of a Truly Free Clip Art Site?

« on: August 05, 2011, 04:48:56 PM »

Cant help you with the clip are site, but if you buy a clip art program, make sure you actually read the End User License Agreement (EULA) to see what use you are allowed for the clip art pieces. Also never throw it out so you can always prove you had license at the time you used them and that you used them under the permitted uses contained in the EULA..

581

Getty Images Letter Forum / Re: $9,000 for 1 image! Photo Attorney Extortion Letter by Carolyn Wright's law firm

« on: August 05, 2011, 04:46:28 PM »

Great dialogue on this issue folks! SG:  it was this lack of identification of authorship of each image that cost Corbis to lose the Muensch case (among other reasons). If I take all the images and I register them in bulk I may not need to identify them all separately.  But that does not change that all I have done is register the entire compilation.  The copyright Act is clear to me that this form of bulk registration does not give individual registration to the individual images. 
On the issue of when he registered them, all that matters is that they are registered at the time of the infringement not the time of first publication.

582

Getty Images Letter Forum / Re: Some weekend food for thought.....

« on: August 05, 2011, 04:24:05 PM »

I like that you're always thinking buddhapi. I think though that it is highly unlikely Getty has pre-1989 images as they would not have the kind of resolution that they sell on the site now, because any pre-1989 photos would be ones that were scanned in. . You would also have to prove that not only are they pre-1989 but that they also were  published somewhere without copyright notice.

583

Riddick/Imageline Letter Forum / Re: Bernina Asking For $146,727.53 In Judgement Against George P Riddick

« on: July 31, 2011, 02:00:11 PM »

I am amazed that house is only worth $209K. I gotta move to Virginia!

584

Getty Images Letter Forum / Re: Getty Images Acquires PicScout

« on: July 31, 2011, 01:57:47 PM »

Yes Helpi I understand that but it cannot make them happy that what use to go to PicScout now goes to their competitor.

585

Getty Images Letter Forum / Re: Is is smart to contact the photographer about letters?

« on: July 31, 2011, 01:56:27 PM »

Correct - it would not be the photographer's call  to make as he has normally assigned to Getty or MF the EXCLUSIVE right to enforce the copyright.