Messages

856

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 14, 2013, 02:57:21 PM »

Let's also not forget that Getty also admits in their PDF brochure called "Be Sure of It" they make the following statement:

Image GuaranteeTM
Not every image comes with amodel or property release.
Sometimes, with certain non-released imagery or
footage, it’s simply not possible to find or identify a rights
holder, if one even exists. So clearance just isn’t an option.
Normally, that would leave you legally unprotected – and
put your ideal image out of reach. But it doesn’t have to
be that way. Based on our research,we’re often able
to give you an image guarantee. Getty Images Image
Guarantee services provides you with an extra layer of
protection by indemnifying you against any model or
property claims. For a fee based on your expected usage,
Getty Images covers you completely in the event a third party
comes forward to make a claim.

Our Image Guarantee service not only protects you from
liability, it dramatically expands your creative palette by
broadening the range of imagery you can put to use for a
whole host of commercial and promotional campaigns.

I have talked about this brochure in my experiment against Getty thread but the way I read this section is they are saying that they don't know anything at all about some of the images they have so there trying to sell you an insurance policy on the image in case the actual artists comes after you.

This whole page of the brochure strikes me odd, as it appears to me not only is Getty infringing by displaying thumbnails of these images on their website but offering to sell these images in my opinion seems an awful lot like willful infringement.

very well put Lucia, and very good advice as well... we know that "Getty" doesn't register most of "their" images, we also know that Getty does not require nor ask it's contributors to register images, and further more I believe we know that Getty does not even ask their contributors if their images are registered..most photographers don't register all of their images, because they are to cheap and lazy..however there are some that register every image, whether it's garbage or not..This photog does not seem to be one of those, or Lucia would have found something with his name. Also a quick PACER search for "Peter Cade" yields no results, so he has not filed any lawsuits himself..

Since Getty made this brochure a downloadable PDF I have it saved in my files should this issue ever come up and mysteriously the wording get changed or the brochure just disappear.

857

Getty Images Letter Forum / Re: Class action suit filed against “Getty Images Master Delegate” in Israel.

« on: January 14, 2013, 08:57:32 AM »

Thank you for the update Ian, I have liked your FB page, I will have to run it through Google translate tonight when I get home.  Keep us posted

858

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 13, 2013, 09:06:00 PM »

Thanks Robert, Iwas in a rush trying to pull some stuff together and did not make the disclaimer. I would not reccomend coping it, I listed it as an approach so Sandy can see the tone and how to put them on the defensive.

Thanks again!

Sandy443,

I would approach it more like this, this is one of the letters I sent to Getty.

http://www.scribd.com/doc/103914489/1-3-Letter-to-Getty-04-25-12-Redacted?in_collection=3777294

Can I say in general terms the image was unmarked from the third party source it came from and I had no idea it was copyrighted.  (Lame)

Then put the burden on them to prove to me, how they calculated demand amount, to produce the proof of registration?

If I used the image on a business website regardless even though it was not for promotional purposes or advertising....it's still a business and there is no way to separate any image's purpose inside the business website? 

So are you saying there are no defenses that will result in paying nothing.  I'll have to pay something but it may be very little if the copyright is not registered?

Thankx Greg, I had a feeling you'd jump in..Sandy has to know also that if she copies your letter, Getty will know this, each case is a bit different, I think it's important to see how others have dealt with this, and take bits and pieces to meet the recipients needs...Getty probably has your letter tacked to a board in the lunch room, for all to see!

859

Getty Images Letter Forum / Re: Class action suit filed against “Getty Images Master Delegate” in Israel.

« on: January 13, 2013, 08:57:04 PM »

Ian, I was wondering if there was anything new with this case or if you have an update for us?

860

Getty Images Letter Forum / Re: We are the latest victim of the Getty Image extortion scam

« on: January 13, 2013, 08:49:46 PM »

Sandy443,

I would approach it more like this, this is one of the letters I sent to Getty.

http://www.scribd.com/doc/103914489/1-3-Letter-to-Getty-04-25-12-Redacted?in_collection=3777294

Can I say in general terms the image was unmarked from the third party source it came from and I had no idea it was copyrighted.  (Lame)

Then put the burden on them to prove to me, how they calculated demand amount, to produce the proof of registration?

If I used the image on a business website regardless even though it was not for promotional purposes or advertising....it's still a business and there is no way to separate any image's purpose inside the business website? 

So are you saying there are no defenses that will result in paying nothing.  I'll have to pay something but it may be very little if the copyright is not registered?

861

Getty Images Letter Forum / Re: Copyright Defense League aka SendDMCA.com

« on: January 13, 2013, 02:48:35 PM »

So glad your back S.G., this one made my day   Thanks!

I'm glad that Taylor is so giving as to share his extensive knowledge with the world.
That font screams "hipster" chic too.



S.G.

862

Getty Images Letter Forum / Re: Senddmca.com ownerRandy Taylor subject of meme

« on: January 12, 2013, 09:35:02 PM »

That is too funny Robert, ROTFLMAO!

863

Getty Images Letter Forum / Re: Copyright Defense League aka SendDMCA.com

« on: January 12, 2013, 10:00:31 AM »

Love Randy’s site, looks like he is keeping it simple to keep the spelling errors to a minimum.

864

Getty Images Letter Forum / Re: New for 2013 ~ The Copyright Troll Asshat of the Month Award...

« on: January 11, 2013, 11:40:44 PM »

You can do like Time's Man of the Year and in December do an Asshat of the year with a special award or something. 

If you win the Asshat of the year award the grand prize could be we all send in a complaint letter to get their New Year off to a good start

865

Getty Images Letter Forum / Re: new copyright thug to add to the list?

« on: January 11, 2013, 11:28:45 PM »

I think that there is a good case here for extortion, since Mustoe say that they WILL sue if the money is not paid by Feb 15th.  When it turns out he's bluffing I would call them on it and use the district court statement as a hammer and file complaints with the AG's office and with the Bar Association(s) he is a member of for using extortionist tactics to try and get money from you.

And should they sue I would file a counter suit for the same thing based on this opinion and push for sanctions or disbarment.

This Court must be very careful to treat all attorneys with courtesy and not launch missiles. The Court, however, finds a portion of the letter from the Kansas attorney to be frankly disturbing. No person, especially an attorney, should be even mentioning a possible criminal prosecution in an attempt to collect money in a civil dispute. Extortion is theft by threat if a person obtains property of another by threatening to accuse anyone of a criminal offense. This is not only the common law but is a statute in South Dakota. See SDCL 22-30A-4(2). It is also a specific grounds for disbarment in South Dakota.

866

Getty Images Letter Forum / Re: ELI Support Call: Don't Be This Bimbo and Waste My Time

« on: January 11, 2013, 11:18:52 PM »

LOL! 

My guess is that her lawyer "negotiated" them down to $700 or $800 and then charged her $300 to $400. Still less than the original claim, but, as we all know, about $1200 more than she should have paid. Well played, lady. Well played.

867

Getty Images Letter Forum / Re: Who can I get images from?

« on: January 11, 2013, 11:15:48 PM »

Great advice as always Jerry!

I agree with this in general. But sometimes you really need a picture of a hot air balloon or a shark. In THOSE cases I suggest either a.) using stock footage that is from a legitimate US site that claims it is in the public domain -- and document that source meticulously; or b.) use a fair microstock company that doesn't threaten to sue their customers and keep your receipts.

Sure, neither of these guarantees that some copyright troll won't claim ownership and hassle you. But they seem to do it anyway. We've heard reports of them hassling people that obtained images from paid for templates, and even licensed images that just barely went over their license period.

So by all means, if it's a simple image, shoot it yourself. If it is more complex, their are plenty of resources.

868

Getty Images Letter Forum / Re: ELI Support Call: Don't Be This Bimbo and Waste My Time

« on: January 10, 2013, 05:50:24 PM »

I find it humorous that this person states this has been going on for a year now and they hvedone a lot of research on it yet after a year this they do not know that McCormack has never filed any type of court action against anyone on Getty's behalf nor his Getty ever sued anyone over a single image in the US.

I wonder if her lawyer even researched any the cases quoted in the standard McCormack letter to realize they are not relevant in any way to the typical case of innocent infringement. As long as there are people out there who will believe these letters hook line and sinker and continue to try to deal with Getty out of fear then the stock photo agencies will continue to pray upon the ignorant and uninformed until they are forced to stop by the courts or legislative action.

I agree with Matthew's last statement "Good luck you're going to need it".

869

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: January 10, 2013, 08:50:11 AM »

I don’t know if the court can say in a case that this is an extortion letter as they are supposed to listen to the evidence that is presented before them.  It is the lawyer’s job to bring this up, however it appears to me that they were issuing a warning that if the issue had been brought up it might not have gone well for them and to let future victims who may be sued to pay close attention to the wording and tone of the letters you have received.

With all the good nuggets of information we have had over the last few days I am going to have a lot to update on my ready-to-go letters.

Still waiting to hear back from the SEC on Jonathan Klein / Getty stock option back dating investigation, I really want to see these documents.

870

Getty Images Letter Forum / Re: Copyright Defense League Attempts to Squelch Settlement Agreement & Release

« on: January 10, 2013, 08:39:36 AM »

Not the best way for CDL to start off their New Year.  "Hey, lets go stir up ELI and see what happens."  This could be fun....