Messages

931

Getty Images Letter Forum / Re: Getty letter received - No clue what to do...

« on: May 16, 2013, 06:21:58 AM »

If you don't even have $200 to use Oscar's programme what exactly are Getty going to take from you? How much of their legal costs could they expect to recoup by going to court?

Sounds like a dead end from their perspective.

Which is exactly why some people suggest just ignoring it, if you don't have it, they can't take it.

932

Legal Controversies Forum / Re: Taking the whole damn cake, eating it, then threatening to defecate on everyone

« on: May 16, 2013, 06:08:17 AM »

This is beyond troubling.

http://yro.slashdot.org/story/13/05/14/0134224/new-prenda-law-shell-corp-threatening-to-tell-your-neighbors-you-pirated-porn

I don't see how this can be legal, ethical, moral or even logical... if the letter is to believed then, at best, it's tantamount to a "professional suicide" note from whomever wrote it.

All I can say is that if such correspondence was ever issued here in the EU, the sender would find themselves on the wrong end of criminal law in very short order.

Have no fear Prenda Law is going down in a ball of flames, only a matter of time before the whole crew finds themselves in federal prison..Seems like everyday they are pulling something new, and getting busted.

933

Getty Images Letter Forum / Re: Getty letter received - No clue what to do...

« on: May 15, 2013, 08:09:19 PM »

Keep reading, get educated first and foemost, you have lots to learn about Getty and copyright in general. If you don't have the patience consider hiring Oscar for the letter..

934

Getty Images Letter Forum / Re: Masterfile threat - should I continue to reply?

« on: May 15, 2013, 06:18:42 AM »

In my eyes, there is no such thing as a "registered email", emails do and can get lost in the bit bucket, they can an do last in spam folders and get deleted automatically, ect...hell you might even get "registered" emails from some king in nigeria, this doesn't make them valid.

935

Getty Images Letter Forum / Re: Masterfile threat - should I continue to reply?

« on: May 14, 2013, 08:45:03 PM »

Don't compare Getty to Masterfile, they are completely different beasts...MF are generally much more organized, they do register their images ( or most of them) and they do file more suits..while it is unlikely they would file over 1 image, it's not entirely off the table..You have several options, you can play the back and forth with them, and see if you can go the 3 years, you can hire your "friend of a friend lawyer" or you can utilize Oscars defense letter program.

936

Getty Images Letter Forum / Re: A note on photos that are "public domain"

« on: May 14, 2013, 01:46:37 PM »

Good Deal, I think where Getty went wrong, is they gave no way of identifying any of the images in the collection, and I think the same applies to their "stone collection" which is a huge collection, but no way to tell what is what..

I hope you don't think I was being an asshat, I certainly can be at times..but I want you to know it's refreshing to get an artist on board that is not wearing blinders, and is open to discussion, as opposed to simply calling us thieves. Getty is their own worst enemy, but they are to dumb to even see it...because of the blinders and the money signs at the end of the tunnel..

937

Getty Images Letter Forum / Re: A note on photos that are "public domain"

« on: May 14, 2013, 01:08:23 PM »

We all saw how well the bulk registrations worked out in the Advernet case...yeah Getty "won" by default, but were awarded ZERO because of bulk registrations that were deemed invalid..

Robert, if you register your images within the guidelines as set out by the Copyright Office and upload your bulk images properly within the constraints, then there will not be any issues.

My (coarse) understanding of the case you reference is that Getty did not follow the protocols for bulk registrations.

you are correct Getty did not follow the protocols, Getty followed the advice of PACA, who was working with the copyright office, whom suggested the bulk registrations be done in a "certain manner"...turns out the they were ALL wrong... even the US Copyright Office didn't get it correct..so just what protocols are you using?? I'm curious if you're registrations would stand up in a court of law...

938

Getty Images Letter Forum / Re: A note on photos that are "public domain"

« on: May 14, 2013, 12:37:22 PM »

We all saw how well the bulk registrations worked out in the Advernet case...yeah Getty "won" by default, but were awarded ZERO because of bulk registrations that were deemed invalid..

939

Getty Images Letter Forum / Re: A note on photos that are "public domain"

« on: May 13, 2013, 02:05:13 PM »

or any of the other dozen or so companies Getty has snapped up...

940

UK Getty Images Letter Forum / Re: Letter from collection agency

« on: May 11, 2013, 06:50:43 AM »

I didn't reply to the e-mail mentioned previously and today (May 10th) I recieved a letter from a collection agency, Simons Muirhead & Burton. It says they are instructed by Getty in respect of a "possible" claim for copyright infringement. It says Getty has written previously and made me aware that I "may" be in breach of copyright by using pics they have exclusive rights to. It says there is a seperate form which details their offer for settlement, the amount is specific to the "apparent" infringement. Then goes on to say if I agree to their terms I should complete the form within 21 days confirming my acceptance.

Actually Simons Muirhead & Burton is a law firm:

"We are a multi-disciplined law firm.  We have experienced teams led by highly rated and highly motivated partners in all our service areas.  We employ extremely talented and experienced individuals and maintain an exceptional team ethic."

pretty amusing statment on their website if I do say so myself...

http://www.smab.co.uk/

941

Getty Images Letter Forum / Re: Question about client follow up

« on: May 10, 2013, 03:16:56 PM »

Simply explain that no news is good news, the attorney is on top of it and if there is anything to report, you'll let them know in a timely manner..Re-assure them that with over 800 letters sent, none have resulted in a lawsuit of any kind.

942

Getty Images Letter Forum / Re: Question about client follow up

« on: May 10, 2013, 03:11:39 PM »

If Oscar drafted and sent the letter, you'll still be "in it" for 3 years..the only way to "settle" the matter is to pay getty.. Oscar letter program is designed to stop getty from harassing you or your client for the next three years, thus sending anything to him directly..in this game "no news is good news".. I generally feel it's better to let the client hire Oscar and then credit the client back or pick up the cost if need be..this takes the middle man out of the equation..for 195.00 you're not going to get weekly progress reports or anything of that nature, you get a letter drafted and sent to getty and maybe a second response if one is needed ( generally not needed).

943

Righthaven Lawsuits Forum / Ninth Circuit Vacates Fair Use Finding in Righthaven Case

« on: May 09, 2013, 03:28:23 PM »

The U.S. Court of Appeals for the Ninth Circuit sealed the fate of copyright enforcer Righthaven LLC today by ruling that the minima; "right to sue" copyright assignments that Righthaven acquired from newspaper publishers did not confer standing to sue third parties for copyright infringement.

http://www.bna.com/ninth-circuit-vacates-b17179873884/

944

Getty Images Letter Forum / Re: Getty Images files suit over single image

« on: May 09, 2013, 06:40:11 AM »

So in my opinion I think the terms fraud, legalized extortion and the like are still in play and valid.

Oh make no mistake, those terms still apply, but also remember when speaking of Getty Images, Lisa Wilmer, Jonathan Klein and Seattle lawyer Timothy B. McCormack, to use terms such as asshat, douchenozzle, scumbag, and loser..

945

Getty Images Letter Forum / Re: Getty Images files suit over single image

« on: May 08, 2013, 04:30:14 PM »

you can bet your ass that Seattle Attorney Timothy B. McCormack will be adjusting his typo filled letters, with this "win"..I agree with Jerry, they will use this to bolster the fear factor.."Getty Images does sue over single infringements".... Getty as well as Wilsdon knew damn well that this lawyer would cave in and settle, I'd be willing to bet that he was "hand-picked"...

When will that douchebag Seatlle Attorney Timothy B. McCormack realize that he is just a puppet doing Getty's dirty work..Getty continues to let him send out his letters and catch all of the flack, and when they do decide to file suit like once for every 1000 letters, they choose another lawyer to handle it..Wake up Timmy, grow a friggin back-bone, get a real job where maybe someone would actually appreciate your "talents" ( whatever they are)...Getty images, Lisa Wilmer, and Jonathan Klien are just using you...