Messages

91

Getty Images Letter Forum / Re: How many corporations get these?

« on: October 24, 2013, 01:24:05 PM »

Its also not infringement because its use was "incidental" (like a guy who happens to be in the background of picture taken of a celebrity). Further, they were not commercially using your picture specifically. Finally, they also just used it for you and in a letter to you. So there are no damages.   

92

Getty Images Letter Forum / Re: Received extortion letter from Masterfile... Have some questions

« on: October 07, 2013, 10:27:42 PM »

Jerry - From your mouth to God's ears. I keep trying but they keep rejecting reasonable settlement demands.

93

Getty Images Letter Forum / Re: Success in My Battle With Getty -- By Doing Nothing

« on: October 07, 2013, 10:25:34 PM »

Good call and good job

94

Getty Images Letter Forum / Re: Should I be worried if I'm hosting other people's sites?

« on: October 07, 2013, 10:24:42 PM »

Posting other people's articles is copyright infringement and if they contain a Getty Image you are infringing on the image as well. Mm needs to be careful or she will receive a demand letter.

95

Getty Images Letter Forum / Re: College grad with Getty demand for an image used in a school project.

« on: October 07, 2013, 10:20:16 PM »

Take them all down is the best advice. That a lawyer would charge you more than the damages are worth is precisely why the Getty program works, why this site is visited by 12,000 unique visitors per month, why my firm and I have represented over 900 businesses against Getty through our letter defense program and why Getty hates us. 

96

Getty Images Letter Forum / Re: Just Received Getty Demand Letter

« on: October 07, 2013, 10:17:42 PM »

Without a doubt take down the images, they are not  worth fighting over.  Get educated by reading the forum posts and examine your options. It is highly unlikely that they will sue you and if they did you could bring in and sue your developer who got you into this mess in the first place.

97

Getty Images Letter Forum / Re: Verification that I am understanding what I can do

« on: October 07, 2013, 10:14:31 PM »

Frankly, your lawyer should be steamed that anyone contacted you after he wrote them of his representation. I would be glad to send a letter on your behalf - does not matter that you already have counsel you would just have to sign a  form changing attorneys which we can provide for you. Whether he/she has IP experience no one is more well-versed in this issue. 

98

Getty Images Letter Forum / Re: Non-Profit Just Received Our First Getty Demand Letter

« on: October 07, 2013, 10:10:32 PM »

Mike - as long as the picture remained up they were infringing if you did not own them or did not have a license. So of course immediately take down all the images. Getty would not have to prove they owned the images or their rights at the time you put them up, just at the time they are seeking damages for them. Their damages would be limited to the last three years by virtue of the statute of limitations. That being said, they will not likely sue you and please consider using our letter program. We offer discounts off of the $195 for true 401 c 3 not for profits. 

99

Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor has a nice payday

« on: October 07, 2013, 10:06:42 PM »

Vincent Tylor succeeds because he targets Hawaiian businesses and he drops enough lawsuits around to be very threatening. We need a strong IP lawyer willing to take this on in the Aloha State - they key would be attacking it on damages.

100

Getty Images Letter Forum / Re: Social Media Contractor Who's Client Get's Letter From Getty's

« on: October 07, 2013, 10:02:48 PM »

Many of our letter defense clients are web developers who just don't want their clients continually harassed. Once Getty gets a letter from us they cannot contact your client directly any further. 

101

Getty Images Letter Forum / Re: Model Sues Getty After Seeing Herself in an HIV-Positive Advertisement

« on: October 07, 2013, 10:00:20 PM »

This falls squarely on the photographer and Getty Images. The photog should have gotten a model release and Getty should have asked to see a model release before adding the picture to their catalog.

102

Getty Images Letter Forum / Re: Just Received second letter

« on: October 07, 2013, 09:51:24 PM »

Take some time , read the forums look at the videos and that should give you plenty to help you figure the issues out.

103

Getty Images Letter Forum / Re: 20 questions interview

« on: October 07, 2013, 09:47:22 PM »

(1) Did you ever think that ELI would grow to what it has become when you started it in 2008?
(2) Is Oscar as good looking in person as he is in his avatar? 

104

Getty Images Letter Forum / Re: Ongoing List of Copyright Trolling Firms and those associated with them

« on: October 07, 2013, 09:40:31 PM »

As long as the cash keeps pouring in, the list will continue to grow

105

Getty Images Letter Forum / Re: Hiring my own photographer and getting the copywrite

« on: October 06, 2013, 07:46:19 PM »

You really don't need much "legalese" I suggest you go to the copyright office's website and read their circular on works made for hire." The basic language you need is "Photographer understands and agrees that all photographs, negatives, prints and other works taken, made or produced by photographer under this agreement are "works for hire" and that therefore all copyright rests with "Gimby" and not with photographer. Photographer agrees that if for some reason a court holds that the works are not "works for hire" then photographer hereby assigns all copyright in the works (including moral rights) to "Gimby." Photographer agrees to execute all such other and further documents as shall be deemed necessary by Gimby in order to effectuate the transfer of copyrights from photographer to Gimby." Here is a link to a form http://www.docracy.com/4834/work-for-hire-agreement