Messages

901

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 05:16:14 PM »

You might want to look into Oscar's letter program. It costs $200 but your client (and you) will no longer be contacted by them. All further collection attempts would need to got to Oscar. It is not a guarantee that they will not sue. But I don't believe it has happened yet.

THIS!!! and you keep your client happy, and can rest easy for the next 3 years...

123RF.com has "free" images??

902

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 11:11:30 AM »

a couple of notes / thoughts

1. The 10 day time frame is largely a scare tactic, to make you do something right away.
2. IF this does go to court, they will pursue the end user (your client)
3. If you do not pay them, they will simply remove you from the equation, and pursue your client.
4. Just because there is no watermark or EXIF info, means nothing copyright exists at the moment of creation, having said this, you may want to be proactive in removing any and all images you did not purchase, and that you don't have receipts / licenses for. As you are inviting more letters from other sources. Simply assuming images are safe and would pose no issues, is risky at best.
5. While PACER is a great tool, use with caution as it is very easy to generate a nice bill ( I speak from experience here)

903

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 06:55:14 AM »

Addy, given your backstory ( which totally suckss) I would say you are pretty much judgement proof anyway..If you pay them nothing, and they decide to sue you and they win...you have no means to pay them...so actually they lose..don't lose sleep over these dick heads at Masterfile, your health needs to come first!

904

Getty Images Letter Forum / Re: Altered Image Case

« on: June 06, 2013, 06:11:36 AM »

Douglas Bieker from Getty Images Copyright Compliance Team is a scum sucking douche-nozzle, who will have no sympathy for you or your case...he most likely works on a shitty commission and is dependent on extracting as much cash from so called infringers. It could easily be a giraffe standing on it's head vs an elepahnt on a ball and he would still demand payment....welcome to the merry go round, known as Getty Images.

905

Getty Images Letter Forum / Re: Getty letter about image included with commercial web design software

« on: June 05, 2013, 08:40:18 PM »

definately send them the info, you don't need to mention this forum, probably doesn't matter.. As for Getty I would reiterate to them that the image in question came within a template of a software package. The distributor of said software package is looking into the issue, and they are not to contact you again regarding this matter and any further contact should be addressed directly to net fusion...

906

Getty Images Letter Forum / Re: Thoughts on my Response to Getty Images. Next step.

« on: June 05, 2013, 04:08:06 PM »

a. you admitted guilt in writing...never a good thing, regardless if you are guilty or not..it is up to them to prove their case...you just proved it for them.

b. you threw your friend under the bus...who knows is this site had a valid license...the sharks will be heading over there shortly..

c. getty will not supply you with any information, especially since you "explained how the image came to be on your site"

They will continue to hound you, first Getty, then NCS, then McCormack Legal....just my thoughts

907

Getty Images Letter Forum / Re: Received letter saying Im a business

« on: June 05, 2013, 03:58:35 PM »

yes spread that word!! and BTW if you don't own the domain, if i were you I would tell Getty to suck ass, not my domain...that is unless your name is still on the domain whois, and if it is and shouldn't be i would consider reporting an invalid whois to ICANN to have your name removed..

908

Getty Images Letter Forum / Re: Got the Getty Letter

« on: June 05, 2013, 03:53:04 PM »

shutterstock?? I'm assuming you "purchased" these images...attribution alone is not sufficient...and even flickr is not safe now that getty is involved with them, you have no idea which flickr users are allowing getty the rights to their images..

909

P2P/BitTorrent Lawsuits Forum / Re: New Filing Presents Evidence John Steele Uploaded Videos To BitTorrent Himself

« on: June 05, 2013, 03:40:59 PM »

shit.hits.fan.

will not be distributed evenly...

910

Getty Images Letter Forum / Re: Received Getty settlement email with no information on the infringing image

« on: June 04, 2013, 04:23:35 PM »

I'm a bit confused here.. If users on YOUR site are submitting and uploading images, and you have a registered agent in place you would be covered.. If the images are being pulled from the wiki or sxc site and YOU are uploading them, then DMCA would NOT apply.
Using this forum as an example if I own the forum, and have a registered agent...you as a user comes along and uploads an infringing image, I as the owner would be covered..however as me being the owner, and I upload infringing images I would NOT be covered by my own ignorance..

Hope this helps..you may want to go do some quick reading on what is required to be covered by DMCA, as there is more than just registering an agent, you have to  qualify with other items as well. You don't want to do it half assed, or you won't be covered.

911

Getty Images Letter Forum / Re: Received Getty settlement email with no information on the infringing image

« on: June 04, 2013, 01:01:15 PM »

Herein lies the major issue:

"I don't have money to buy images instead of using the Wiki Media/sxc.hu free ones that I'm using now. "

Who's to say that any images I upload to this site are mine? What's to stop me from uploading images that belong to Getty and other stock sites, claiming them as "free to use" or in the "public domain"

There is no such thing as "FREE", unless they are actually "public domain".

according to their wiki page it states:

"As a design resource, the site provides a library of high-resolution, royalty-free photographs which may be downloaded free of charge for use in design projects. Although images are free, contributors still retain moral rights and photographs are still subject to usage restrictions.[3]"

Please don't confuse "royalty free" and "FREE", as there is a huge difference.  Bottom line is, you don't have any idea where these images are coming from, or who owns them, and if you don't have a license in hand to use them, you are at risk of having more issues from other stock agencies as well as Getty images and perhaps even photographers.

912

Getty Images Letter Forum / Re: Received Getty settlement email with no information on the infringing image

« on: June 04, 2013, 06:16:29 AM »

Yes it is too late as far as the registered agent is concerned, but if you allow others to upload images, it's best to spend the money and time and do this going forward.. As far as the image,  I would suggest you remove any and all images that you do not hold a valid license for..In this day and age there are no more freebies..

913

UK Getty Images Letter Forum / Re: SWEDEN: Letter from a law firm recieved!

« on: June 01, 2013, 06:31:21 AM »

or maybe they don't supply proof, because they simply don't have it, or if they do, they don't have everything in order..when ask in court, by a judge a question regarding signatures, Getty fumbled and had no answer.. a contract is worthless ( unless you want to use it to wipe your ass) if it is not signed by BOTH party's..

""Wojtczak testified that the Getty Images Contributor Agreement did “not have signatures. It is a digitally accepted agreement. The contributor signed via our online contributor contract portal.” The following ensued:

THE COURT: And where, if anywhere, does a representative form Getty execute, sign the document, digitally or otherwise?

THE WITNESS: You know, I'm not entirely familiar with where in the process that happens"


In other words...it doesn't

914

Getty Images Letter Forum / Re: Getty letter about image included with commercial web design software

« on: May 30, 2013, 06:51:02 AM »

Yes provide links to them, as we don't allow the upload of images into the forum any longer. If you are concerned about the legal aspect, you can PM me with the links and I will gladly post them on my blog and comment / link back to them here..

915

Getty Images Letter Forum / Re: Getty letter about image included with commercial web design software

« on: May 29, 2013, 04:16:42 PM »

anyone whom uses a "best practice" - Getty Images doesn't fall into this category..they only practice "Give us your money"