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Messages - Oscar Michelen

Pages: 1 ... 4 5 [6] 7 8 ... 82
76
Getty Images Letter Forum / Re: Got my first letter, yay.
« on: December 07, 2013, 03:17:55 PM »
Be careful - in some states if the corporation was dissolved while a claim was pending, it can expose the corporate owners to personal liability. If it was already dissolved at the time the claim came in, then Getty would be out of luck as you cannot collect from a defunct company.

77
Just an FYI as Robert said, once they get a letter from my firm neither Getty nor any of their cohorts can contact you any further about this.

78
Getty Images Letter Forum / Re: Possible New Tool Being Used By MasterFile?
« on: December 07, 2013, 03:13:15 PM »
We have settled many claims with Masterfile (before the Chaga case was won) using payment plans. While I have many issues with the company and their registration methodology, they are infinitely more professional and easier to deal with than any other player in this arena. Must be because they are Canadian.

79
Getty Images Letter Forum / Re: Recent activity from getty is escalated
« on: December 07, 2013, 03:10:45 PM »
Three years is the statute of limitaions so if you got your letter three years or more ago, Getty cannot sue you  anymore.

80
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: December 07, 2013, 03:09:02 PM »
BWP Media has not gone to trial on any claim. Almost all of them have settled right after filing I don't know that they want to take a case to the wall. They are in it for quick resolutions and payments. 

81
And link folks back to this site while you are at it!

82
Getty Images Letter Forum / Re: Need an opinion on a letter I received.
« on: December 07, 2013, 03:02:14 PM »
Sorry I am coming late to this forum topic. Craig Sanders Long Island office is around the corner form mine and he is partner at a firm that specializes in medmal and disability claims. He hooked up with BWP Media a little while ago and has been engaged in this flurry of activity. I have responded on behalf of clients to about 3 or 4 of his claim letters and he has not yet answered any of them back or filed suit. When I did my own PACER research after being hired for the first time I also saw that most of them settle or get terminated right after filing. It would be very hard and expensive for BWP Media to go through and litigate all these claims. They would also have to hire local counsel to move Mr. Sander's admission pro hac vice as he almost always has field in States where he does not regularly practice.  In fact if he keeps filing in those states they may stop accepting his pro hac applications and require him to obtain full membership to their Bar. While BWP does specialize in celebrity images, their claims are not that different from Getty in that they don't always supply the proof and make cryptic or unsupportable demands in their letters. I think they may get their comeuppance if a case actually gets litigated. 

83
Getty Images Letter Forum / Re: Today I Received my "Letter"
« on: December 07, 2013, 02:49:51 PM »
Glad its working out Sheila and that the site helped. Please keep us posted.

84
I agree with lucia that you  should let the photographer know immediately.

85
My friend Russel Jackson is the one arguing on behalf of Houghton Mifflin (which is our side of the argument). One of the judges kept asking him a question which I think displayed that the court really did not understand what was being argued. The judge repeatedly asked Russell if Alaska Stock's catalog wasn't clear and easy enough to follow so that if someone was looking for an image from Alaska Stock they would be able to find it and the know it was a copyrighted image. While I think Russell tried as best he could under limited time to answer this - what the court fails to realize is the way the internet works. The images come up on a random search done by folks on Google and they right click and save it without knowing sometimes even where its coming from. The argument is that once a claim comes in , if I went to the Copyright Office to try and find the image I would not be able to because of the way they have registered the images.   

86
Getty Images Letter Forum / Re: I got a letter today
« on: December 07, 2013, 02:41:40 PM »
This claim should not have a serious impact on your business - follow the free advice and information on here.

87
Getty Images Letter Forum / Re: Arghhh...Received Getty Letter
« on: December 07, 2013, 02:40:16 PM »
We represent folks all over the country on this issue and have over 25 years experience in litigation.  While I work in all areas of IP (except patent law) I have a tremendous amount of experience in this niche area and the fee I charged here is a great bargain, plain and simple.

88
Nazar - just take the one image down. It does not matter that it was for sale or even free use elsewhere if Getty owns the rights to it. It is highly unlikely you will be sued over a single image so read the forums and get educated on the topics.

89
Hey Leslie - I would not worry about Getty seeing the letter - they send out thousands of these a week and do not spend too much time personalizing their response to you. In any event, the mild admissions you make in the letter all go to liability or fault and that is not the issue, it is the value of the alleged infringement that is the main sticking point here.

90
There are lots of comments and posts about how to address it. The main thing if you are going to communicate with them is to let them know you have taken the image down without any admission of liability.   

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