Messages

646

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: January 17, 2014, 03:56:00 PM »

to err on the side of caution always use the date that is on the first letter..

647

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

« on: January 14, 2014, 10:01:28 AM »

Looks like BWP Media USA inc. has filed 132 suits, 35 of which are closed ( probably settled) 5 are from 2014.

648

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: January 13, 2014, 08:00:42 AM »

don't call, don't email, the fact they sent it regular snail mail, means they don't even know if you received it..Let them think you didn't.. does the URL included point to the image path? if not this proves nothing, nor does the screen shot. Everything previously mention in this thread still applies..

649

Getty Images Letter Forum / Re: Is posting links copyright infringement?

« on: January 07, 2014, 11:42:41 AM »

If you allow people to upload to your site then it is highly recommended.

And if you don't , it's not as you yourself would not be covered by the safe harbor protections it affords.

650

Getty Images Letter Forum / Re: Is posting links copyright infringement?

« on: January 06, 2014, 07:45:11 AM »

Very simply, No a contact on every page would not be "good enough" , you have to go thru the motions of registering a DMCA agent, which is plainly visable and easily accessable. If you the site owner uploaded the infringing content, having a DMCA agent wouldn't matter, as you would not be covered by the safe harbor provision. This only covers items uploaded by users and NOT site owners.

The courts would not look unfavorably at a complaintant if they did not request a cease and desist, it's got nothing to do with how the law is written..it's really not relevant to anything..in terms of the law. alot of people "think" that a cease and desist is the first step, just like most people "think" that an image must have a copyright watermark...neither is true..

so bottom line is:
1. If your site allows "users" to upload you should invest the time and money to have a registered agent.
2. You the site owner would NOT be covered by DMCA, if you uploaded offending content.
3. As Greg stated, "linking to" or "hotlinking" to images/content would not be considering infringing as no "copy" is being made or uploaded to your servers.

651

Getty Images Letter Forum / Re: Do you handle "Attorney Extortion Letters" with you Defense Letter Program?

« on: December 31, 2013, 11:49:34 AM »

Whether you "need" the letter program  is completely your decision, some opt for the letter, some opt to ignore it completely, some opt to try to deal with these asshats..it all depends on whether you have the stomach to deal with being harassed for the next 3 years, and also if you think it's worth the gamble to see if they file a lawsuit..chances are god that won't happen over a single image.. If I were you I would research the image in question, is it indeed registered with the copyright office? is it registered as a standalone image, or a part of a compilation? if the latter it may not be registered properly. If it's not registered, this greatly reduces the amount they can sue you for...again all of this info is available here in the forums...keep reading get educated before making your next move...give them nothing, it is on them to prove you infringed.

The letter program is designed to put as lawyer between you and them, they would no longer be able to contact you directly, and chances are good they would probably back off, as filing suit over 1 or 2 images would not make them any money, but would probably cost them.

652

Getty Images Letter Forum / Re: Do you handle "Attorney Extortion Letters" with you Defense Letter Program?

« on: December 31, 2013, 09:24:37 AM »

Do some searching here, his name has been mentioned, just another trolling attorney working for an image troll.. What is the name of the image company? I'm assuming it is not getty images.. Be sure you removed the image in question and any other images you do not have a license for..Just because images are available on many sites doesn't mean they are free for the taking..

653

Getty Images Letter Forum / Re: Got the Getty Letter

« on: December 21, 2013, 08:02:09 PM »

I can't believe NCS has resorted to commenting on blogs in regards to trying to collect on a claim..surely there is a way to make this stop..either by blocking them from your site, or possibly reporting them..

654

Getty Images Letter Forum / Re: Here's Another Extortion Letter

« on: December 16, 2013, 10:44:52 AM »

yeah pdf format is best...

655

Getty Images Letter Forum / Re: Here's Another Extortion Letter

« on: December 15, 2013, 10:41:58 AM »

This is where you went wrong - " if it wasn't listed as free to use, I didn't use it." there are literally 1000's of site offering "free" images..the problem lies in where these images originate from..always remember.. "there is no such thing as free" and "if it appears to good to be true, it probably isn't". I don't doubt your statement about knowing about fair use, but it is a very grey area, and one I would never depend on solely.

656

Getty Images Letter Forum / Re: Question

« on: December 11, 2013, 06:35:12 AM »

If you want google to index your site, don't include the "no-index" portion of the snippet JLorimer provided:
the "no-follow" part will also stop crawlers from following links within your site to other site or other internal pages.

<meta name="robots" content="noindex, nofollow, noarchive">

657

Getty Images Letter Forum / Re: Beating them up from Canada

« on: December 10, 2013, 07:53:11 PM »

hahaha, this is great..I personally think you should use NCS to collect on the outstanding balance.

658

Getty Images Letter Forum / Re: Question

« on: December 10, 2013, 07:49:12 PM »

robots.txt go on the root of the server, you can also add a of line of code to each of your pages in the head section as follows:

<META NAME="ROBOTS" CONTENT="NOARCHIVE">

659

Getty Images Letter Forum / Re: Has anyone had success with the letter response to Getty/McCormack?

« on: December 10, 2013, 07:46:22 PM »

Well you ca bet your bottom dollar they have you pegged as low hanging fruit, and likely to pay, thats for sure. The letter program is not by any means a delaying tactic., However being as you already paid once, which is a s good as admitting guilt, you will have a greater chance of them filing suit, although still doubtful they would.. I'm sure you can still use the letter program to get Asshat Seattle attorney Timothy B. Mccormack to leave you alone..

660

Getty Images Letter Forum / Re: I got a letter today

« on: December 10, 2013, 06:26:17 AM »

hahaha, it was so nice reading that Mulligan letter again..he rocks!....when he's no shitting himself.