Messages

601

Getty Images Letter Forum / Re: Bought Template 7 years ago, Now MasterFile is coming for me *Wow Update*

« on: July 31, 2011, 01:24:27 PM »

In addition to SG' s response, be aware that MF can only go back 3 years from the date they discovered the image. That is the statute of limitations, they cannot seek damages for any infringement that occurred before then.

602

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

« on: July 31, 2011, 01:22:15 PM »

The statute of limitations is 3 years.  So 3 years from the date of your first Getty letter is when the issue is as dead as a doornail.

603

Getty Images Letter Forum / Re: PicScout is possibly flawed

« on: July 31, 2011, 01:20:35 PM »

likewise! This one could be very interesting!

604

Getty Images Letter Forum / Re: Lets fightback

« on: July 31, 2011, 01:19:51 PM »

They digital image industry has been lobbying for significant changes to the Copyright Act for years. They have alot of money and influence. They are lobbying to undo the court's decision in Muensch as we speak. Since they couldn't beat the issue in court, they are going to Congress to undo the case's ruling on the law.   

605

Getty Images Letter Forum / Re: Masterfile Lawsuits Filed

« on: July 31, 2011, 01:15:38 PM »

Without saying which ones, I have represented several of the individuals on that list. So atty-client privilege prevents me from talking about their individual cases. Generally most MF cases filed end up with a default judgment against the defendant who has decided not to fight the case in court and just let a judgment be entered against them. 

606

Getty Images Letter Forum / Re: I just have to share this!

« on: July 31, 2011, 01:08:42 PM »

Well we cannot help folks who intentionally continue to infringe. Once you advised her, your obligation was met and she is on the hook for whatever happens afterwards. Nobody affiliated with this site condones infringement! We have stated that repeatedly. What we also do not condone is exaggerated claims of damages and intimidation tactics designed to make people overpay on their claims or which threaten lawsuits over minimal infringements when the person has agreed to immediately cease and desist in using the work. 

607

Getty Images Letter Forum / Re: PicScout is possibly flawed

« on: July 31, 2011, 01:05:08 PM »

buddhapi - no one has mentioned this to me before. It seems relatively easy to resolve as Getty always includes the catalog shot of the image along with the screenshot of the image, so if it is not the same, then it is not infringement.

608

Getty Images Letter Forum / Re: 2nd Letter Received

« on: July 31, 2011, 01:03:04 PM »

They have 3 years from the date on your letter to file suit, which I do not think they will over one image and $600

609

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

« on: July 31, 2011, 01:01:43 PM »

We have been contacted numerous times by class action attorneys looking to file a claim.  We have always cooperated and provided them with info but none have seen fit to file.

610

Getty Images Letter Forum / Re: Does copyright infringement have a time limit?

« on: July 31, 2011, 01:00:21 PM »

3 years from the date on your first Getty letter - that's the latest possible time Getty could file a timely suit. US Copyright Law pre-empts State  laws so there are no State copyright acts. All copyright claims must be brought in Federal Court and all of them must be commenced within 3 years from the infringement or from the reasonable discovery of the infringement. So while it is likely Getty discovered the infringement a day or so before the letter went out, the date on the letter is a solid starting point to start counting the three years.

611

Getty Images Letter Forum / Re: Masterfile - in need of urgent advice

« on: July 31, 2011, 12:57:13 PM »

Katerina - in Country Cycling the court awarded $1,100 for infringement of several photos but treated it as  single infringement because they were registered as a compilation. If the same images are involved in your case, MF could argue that this is the amount of the infringement's value. You should read the forum discussion on this site when that case came out.

612

Getty Images Letter Forum / Re: Australian Victim

« on: July 31, 2011, 12:53:15 PM »

The Copyright Act in the US sets the statute of limitations at 3 years and there are no State copyright laws so that is the only deadline that is in effect in the US. . The safest starting date to use is the date on the first Getty letter you receive. Three years from that date is the latest possible deadline by which they would have to file a lawsuit. Also, when they claim that they are seeking damages because your image was up for the past 6 years, they can only obtain damages for three years prior to the date of the letter up to the point you removed the image.

613

Getty Images Letter Forum / Re: Template Monster and Getty - my story

« on: July 31, 2011, 12:49:32 PM »

Look at a recent forum topic about a person "winning their two Getty cases."  They had a TM issue and Getty ended up refunding them their settlement amount as they have a global settlement in place with TM.  Maybe it will help guide you  in your case

614

Getty Images Letter Forum / Re: Just got my letter - I'm a fighter

« on: July 31, 2011, 12:47:21 PM »

Helpi - you only get atty's fees if the work was registered prior to infringement. But if the work was registered, then attorneys fees are a real deterrent. The first circuit court in a case called Schooner upheld $98,000 in atty's fees when the court only awarded $10,000 in statutory damages. The best way to avoid payment of excessive atty's fees in registered image cases is to make a reasonable settlement offer prior to litigation. 

615

Getty Images Letter Forum / Re: Masterfile people responsible for your miseries

« on: July 31, 2011, 12:38:19 PM »

Well stated Matthew, this forum provides a lot of info on this subject for people who have received these claims and we need to try and keep it at the high level its has sustained for more than 3 years now!