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Messages - Oscar Michelen

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886
Getty Images Letter Forum / Re: Photo Databases Duplicates?
« on: August 24, 2010, 05:32:48 PM »
It would certainly be helpful if you could show other resources for the material then it would be difficult for the companies to allege that you or your web developer must have gotten them from the company's website.

887
Indeed

888
I hope that we are near the end of the RIddick problem with this Bernina lawsuit Keeping my fingers crossed!

889
Thanks for the update!

890
True indeed

891
Getty Images Letter Forum / Re: More images found, more letters?
« on: August 17, 2010, 11:37:29 AM »
No problem Good luck!

892
Dear Jowik:

Many folks have suggested this theory that the digital image companies have "Seeded" their images into catalogs for the express purpose of having them be located by PicScout later on. While I guess its plausible, I personally don't think its likely.

893
Getty Images Letter Forum / Re: More images found, more letters?
« on: August 13, 2010, 12:18:06 PM »
Yes you should clear The Wayback Machine (archive.org) by following the instructions on the site. To my knowledge, the PicScout bot looks for ALL of the one company's images when it scans a site.  So if you received a Getty letter about one image, then the excellent chance is that you only have one  offending GETTY image on the site.  But the bot does not check all the companies (Corbis, Masterfile) at one time..  So many clients have come to us that after resolving the Getty issue because they have subsequently received a letter from Corbis or Masterfile about other images on the site. Matt is 100% correct that "when in doubt, take it out"

894
Getty Images Letter Forum / Re: Photo Databases Duplicates?
« on: August 13, 2010, 12:14:22 PM »
I would like to see examples.  An entity that has been assigned the rights cannot normally enforce the rights unless the actual author has given them ALL the rights (meaning the exclusive rights) in the assignment

895
Good question SG.  I guess it will depend on the state, but most states say repeated phone calls (or texts or emails) are "harassment" if they are for "no legitimate purpose."  So how is that defined? Its a case by case analysis usually. The best way to try to turn phone collectors into criminal defendants would be to issue a clear statement (preferably in writing) that says something like:   "I have received repeated phone calls from you on this issue. In each of those calls I have advised you that  I have no intention of settling this matter with you. Therefore I insist that you no longer call me about this. Any further call will serve no legitimate purposes and will constitute harassment. Therefore if you call me again, I intend to refer your name and behavior to the appropriate authorities."

Will it work? I don't know. Prosecutors are likely too busy to try and turn boorish collection behavior into criminal conduct.  But if it gets bad, you never know.  Also, you can try and refer the matter to your State Attorney General. The Fair Debt Collection Practices Act  prohibits repeated phone calls after they've been told to stop and prohibits calls before 8AM or after 9PM.

896
Getty Images Letter Forum / Re: Thanks to Oscar and Matthew
« on: August 10, 2010, 12:47:35 PM »
Copyright law is clear that quotes are not copyrightable -especially small ones, so I don't see why anyone would pay AP for quotes.  There is some case law about the copyrightability of "news and news feeds"  so they may be going on that angle but AP usually does not "break" any news.

897
I know, in talking to the lawyer we pointed out the Riddick also claims copyright over the American flag, the Lincoln Memorial and the statue of Iwo Jima. This lawsuit is going to give Riddick a massive headache.

898
Getty Images Letter Forum / Re: Thanks to Oscar and Matthew
« on: August 09, 2010, 09:04:12 AM »
Matt - As usual I agree with your point. While the internet has allowed Getty and others to profit off of programs like PicScout,  it has also provided a way for folks to share knowledge and information about the issue in a way that could never have happened without it. I think in the end, the Congress is going to have to weigh in on some of these issues. The problem is that the large companies like Getty and Corbis will have the assets to lobby to death various senators and representatives to get the copyright act modified to their benefit.

899
Getty Images Letter Forum / Re: getty letter
« on: August 09, 2010, 08:56:07 AM »
How you proceed is up to you abducens.  The main difference between you writing them and me writing them is that if I write them they cannot contact you directly again, they must go through me.  It stops the barrage of emails and letters you will receive if you respond to them directly.  However, if they are demanding $450 for a single image, if you take the $150 you would pay me and add another $50-$100 to it, they might settle for that.  Its your call.  If you wold like to retain me to send a letter, then send me an email at  xxx

900
Great news Matt and great job!

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