Messages

811

Hawaiian Letters & Lawsuits Forum / Re: VKT Lawsuits

« on: July 24, 2013, 03:07:16 PM »

Tylor will have a tough time proving that they removed the copyright info..with so many of his images available for free downloads as screensavers, there is no telling who cropped it out and when.. I also think that by having a copyright notice at the bottom of the site, is not really claiming copyright of the images...i guess it would depend on the judges opinion of this.. Not removing the images is a definitive issue and does show willful intent IMHO

812

Getty Images Letter Forum / Re: Collection Agency call

« on: July 23, 2013, 07:07:31 PM »

Have never heard of these asshats before, but regardless, if it is in regards to getty, you simply tell them, that this is a claim, not a debt, and to NEVER call you again or you will report them..then do just that if they continue to call..I would go so far as to report them every time they do call, as they will get fined based on the number of complaints. Chances are good they will just toss it back to getty, rather than risk a bad report. over a claim.

813

Legal Controversies Forum / Local Newscast Uses DMCA to Erase Air Crash Reporting Blunder

« on: July 23, 2013, 04:03:06 PM »

Local San Francisco television news station KTVU has embarked on a novel use of copyright law to cover up embarrassing footage. It has been issuing takedown notices to YouTube for videos showing its anchor literally reading fake names of pilots involved in the recent airline crash at San Francisco International Airport.

http://www.wired.com/threatlevel/2013/07/youtube-newscast-asiana

814

Getty Images Letter Forum / Re: Letter Received But No Such Image

« on: July 23, 2013, 01:24:40 PM »

Itt's not uncommon for them to go months between letters...don't be surprised if you here from Getty or Seattle Attorney Timothy B. McCormack at some point.

815

Legal Controversies Forum / Aimee Mann Files Huge Copyright Lawsuit Over Digital Music

« on: July 23, 2013, 01:00:41 PM »

The Grammy-nominated singer-songwriter suggests that many online streaming services might be relying on the wrong company to properly license her work.

According to Mann's lawsuit, not all of the music being provided by MediaNet is properly licensed. Mann is demanding statutory damages for willful copyright infringement of some 120 songs, which could amount to damages as high as $18 million.

http://www.hollywoodreporter.com/thr-esq/aimee-mann-files-huge-copyright-590747

816

Getty Images Letter Forum / Re: ELI Defense Letter - Reviews?

« on: July 23, 2013, 11:33:02 AM »

Worked for me, and over 800 others...not a single suit filed..

817

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

« on: July 23, 2013, 10:30:48 AM »

I think you should share Nancy's profile link, she deserves any attention we can give her!

818

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 23, 2013, 10:29:24 AM »

So I've done more reading and video watching and the Oscar letter program seems a plausible choice. But to clarify and understand:

1. By doing this, I would basically be "retaining" Oscar as legal representative? And if I'm not in New York can he still represent me? - YES
2. Has anyone who as gone this route actually been taken to court? - NO
3. Does Oscar continue to represent you in court (if the matter escalates) or do you need to hire another local attorney? - You would need to further retain Oscar, which is NOT included in the 195.00 letter program..chances are very good it would not go to courth though.
4. Should I be concerned that at least one other poster has not gotten a reply or return contact from Oscar's legal team? - NO, everyone needs to know and remember that Oscar's main business or practice is NOT ELI related, and very few have slipped through the cracks of the 850+ letters he has handled.
5. And lastly, since I have already made contact with Getty is this still an option for me? Yes it is, you can simply tell Getty to not contact you any longer as you have retained council, by law they can't

Thank you so much. This website is the greatest.

819

Getty Images Letter Forum / Re: Just received my third letter from Getty

« on: July 22, 2013, 05:19:11 PM »

I just received a second letter and it is also the same exact letter. I'm concerned it's going to affect my client's credit report. Will this "outstanding claim" be a government/state debt on any reports?

no need to worry about anyones credit...this is a "claim" not a debt, plain and simple..If they send it to NCO Recovery, simply tell them that it's a claim and not a debt, and they should cease and desist, lest you report them..collection agency's have strict rules to abide by..they will toss it back at Getty.

820

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 21, 2013, 11:38:33 AM »

It should be held in your District Court.

In a worst-case scenario and getty does take me to court, where would that take place?
would I be required to travel to their home state, or would it take place in mine?

Can anyone provide any potential details on this?

Which adds to the amount they would need to spend, and possibly not recoup if they were to loose...thus making the chances of them picking you out of hundreds or maybe even thousands of other recipients even lower.

821

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 21, 2013, 10:30:34 AM »

What you get by retaining Oscar for the letter program, is the peace of mind knowing Getty Images can no longer contact you, nor can the collection agency...any contact must go thru Oscar's Office.. like was stated your other options are to put up with their nonsense for the next three years, or pay them what they are asking for..which would only assist them in sending more letters.

822

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

« on: July 21, 2013, 10:26:25 AM »

I stilll think the issue here is Picscout even though owned by Getty Images, is a completely different company operating out of Israel, they don't have to abide by US law, and robots.txt is simply a set of instructions for crawlers and spiders, and there is no law on the books that all must abide by robots.txt, clearly there are many, many crawlers, spiders that ignore this file...don't want picscout and other bad bots using your resources??? take extra measures to block them.

823

Legal Controversies Forum / Copyright Suit Against Tumblr May Affect All Photo Sharing Sites

« on: July 21, 2013, 10:21:15 AM »

Back in 2006, a pornography publishing company named Perfect 10 attempted to sue Google over copyright infringement, claiming that the thumbnails displayed on Google’s image search did not fall under “fair use.” Ultimately, the Supreme Court wouldn’t even hear the case, allowing the ruling that thumbnails are fair use to stand and handing Perfect 10 yet another loss (they’ve sustained many in this area).

http://petapixel.com/2012/05/08/copyright-suit-against-tumblr-may-affect-all-photo-sharing-sites/

824

Getty Images Letter Forum / Re: Got the Getty Letter

« on: July 20, 2013, 12:14:10 PM »

...and we also have some pretty minds here in the forum...

Peeved, Robert's talking about you again!

hehehe...good catch! was supposed to read "pretty GOOD minds" but pretty minds works too!

825

Getty Images Letter Forum / Re: I don't own a commercial website

« on: July 20, 2013, 12:12:19 PM »

strike the part of them copying your page with the image your husband took, it won't serve you.. you don't know they are storing it, and they probably aren't, it's simply a screen shot and would not be considered an infringement.