931
Getty Images Letter Forum / Re: Masterfile wants $8,000 for one small image
« on: May 13, 2010, 12:00:34 PM »
Good news although sometimes they seek and demand way more than $1,000 for one image
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932
Getty Images Letter Forum / Re: Masterfile wants $8,000 for one small image
« on: May 05, 2010, 02:35:50 PM »
Having dealt often with Masterfile, I can tell you that it is better to settle as they will likely sue. If the $1,000 offer doesn't settle it, then you can email me the details at xxx or call my office at 1 800 640 2000 to discuss retaining me to help you through the process.
933
Getty Images Letter Forum / Re: Masterfile Class Action Apparently Settled in Masterfile's Favor
« on: April 21, 2010, 01:03:33 PM »
Dear Vronick: Thanks so much for the clarification, as I stated in my post I was unsure of all of the facts. I guess if you ask Masterfile, they won because they got paid and didn't have to pay. The plaintiff was fortunate that the web designer was a responsible party, ready willing and able to make a financial settlement with Masterfile. That is usually not the case. Thanks again I really appreciate the information!
934
Getty Images Letter Forum / Re: Sent you a new client
« on: April 21, 2010, 01:00:07 PM »
Thanks Jeff we appreciate the positive feedback!
935
Getty Images Letter Forum / Re: Newly Targeted
« on: April 21, 2010, 12:59:23 PM »
Thank you posting your message! Getty has not ever sued over one image and their $675 demand is still way too high for their claim. As discussed on my website, my firm will respond to Getty with a letter for a fee of $150.00. That fee will include reviewing Getty’s response to our initial letter (if any) and a second letter replying to the response. If there is any litigation resulting from this, we would reduce our hourly rate to $150.00 per hour. Of course, you are under no obligation to retain us as your litigation attorney nor are you obligated to pay us anything beyond the initial $150.00. Please send the check to the Mineola address below. You can also fax, phone in or email credit card information if you prefer. I have attached a credit card authorization for your convenience.
Once payment is received I will draft a letter for your review. If you agree with its content, I will send it out then scan and email you a copy of the letter on letterhead that went out. Getty has been indicating that they are near the stage where they will begin filing lawsuits if people don’t meet their demands. They have rejected every reasonable settlement offer. That’s why I felt it was necessary to do something to give small business owners a way to respond. The other thing is that once they receive a letter from an attorney they can no longer contact you directly so that should put an end to the escalating contact and harassment that other clients have told us about. Getty asks for 10-15 times the value of the image because that way when they settle for 5-8 times the value people are happy. The fact is that they may not be entitled to more than the $49 per image they charge and there may even be defenses to their claim that prevent them from receiving even the $49.
You can reach me through this forum or my email (xxx) or my law office at 1 800 640 2000
Thanks again for the information!
Once payment is received I will draft a letter for your review. If you agree with its content, I will send it out then scan and email you a copy of the letter on letterhead that went out. Getty has been indicating that they are near the stage where they will begin filing lawsuits if people don’t meet their demands. They have rejected every reasonable settlement offer. That’s why I felt it was necessary to do something to give small business owners a way to respond. The other thing is that once they receive a letter from an attorney they can no longer contact you directly so that should put an end to the escalating contact and harassment that other clients have told us about. Getty asks for 10-15 times the value of the image because that way when they settle for 5-8 times the value people are happy. The fact is that they may not be entitled to more than the $49 per image they charge and there may even be defenses to their claim that prevent them from receiving even the $49.
You can reach me through this forum or my email (xxx) or my law office at 1 800 640 2000
Thanks again for the information!
936
Getty Images Letter Forum / Re: Masterfile Corporation
« on: April 08, 2010, 04:01:16 PM »
Glad it worked out and thanks for updating us.
937
Getty Images Letter Forum / Re: update from Prague
« on: April 08, 2010, 03:59:22 PM »
Dear RHP:
I cannot possibly comment on your situation as I am wholly unfamiliar with Czech law regarding copyright; contracts and collection law. I can only tell you that here in the states I can assign (give over) all of my rights in a claim to another entity. So it is possible that Isifa is Getty's assignee and that they have all the rights of Getty.
I cannot possibly comment on your situation as I am wholly unfamiliar with Czech law regarding copyright; contracts and collection law. I can only tell you that here in the states I can assign (give over) all of my rights in a claim to another entity. So it is possible that Isifa is Getty's assignee and that they have all the rights of Getty.
938
Getty Images Letter Forum / Re: Update on Getty and Masterfile Letter Program
« on: March 24, 2010, 01:07:30 PM »
The $200 per infringement limitation on damages in cases of innocent infringement is not mandatory; it is discretionary and totally within the judge's purview. Many judges did apply the $200 limitation in lawsuits brought by the recording industry awhile back. So I would argue that it should apply here, but there is no hard and fast rule about when a judge should reduce the damages to $200 so the are is very gray unfortunately. My point is that if it is at all applicable in cases involving digital music it must be applicable here. After all, who doesn't know that music is subject to copyright protection? Certainly more people are aware of that than copyright protection over thumbnail images without any watermark or copyright notice attached to them. Also certain courts also spoke out strongly against those music lawsuits brought by the RIAA and blasted the recording industry for using the Federal Court system as a collection agency against minor infringement. I think the same argument can be made in this case
939
Getty Images Letter Forum / Re: SuperStock Letter
« on: March 24, 2010, 01:02:12 PM »
Hamilsoft, I responded to this question under your other post, but you may be entitled to protection under the Digital Millenium Copyright Act (DMCA)
940
Getty Images Letter Forum / Re: Strict Liability
« on: March 24, 2010, 01:01:10 PM »
If you can prove that , Hamilsoft you may be entitled to protection under the DMCA and be entitled to a cease and desist letter with an opportunity to correct the infringement prior to being liable for damages. That protection (normally for ISPs) is why Yahoo and Google aren't beign crushed by this and other copyright claims.
941
Getty Images Letter Forum / Re: Masterfile Corporation
« on: March 24, 2010, 12:58:35 PM »
The $200 for innocent infringement is not automatic and you have to go through litigation to have a judge award that. The length of time is relevant and they would have to prove that if they wanted to use that as an element of assessment of damages, but the court can also just award a straight statutory amount along with attorney's fees. A court will also consider if you made a "reasonable" settlement offer in determining how much to award them in attorney's fees,so you may want to keep that in mind as well.
942
Getty Images Letter Forum / Re: Update on Getty and Masterfile Letter Program
« on: March 10, 2010, 12:09:49 AM »
thanks for the post and keep us posted on how it proceeds
943
Getty Images Letter Forum / Update on Getty and Masterfile Letter Program
« on: March 05, 2010, 09:14:06 AM »
A recent post on this forum suggested I update everyone on the status of the Getty Demand Letter Program. So while I try to coordinate a new audio update with Matthew, I thought I would just do a quick post to tell everyone what is going on. The Letter Program is still going strong as thousands of web site owners and developers continue to receive the Getty Demand Letter. Our site has gotten some attention from the media as both the LA Times and Seattle Times did stories on the Getty program and mentioned this site.
We've learned of no new lawsuits filed by Getty since our last post. The most interesting thing to have changed is that in the last few months, the demand in the letter has gone down from the traditional $1,000 or $1,300 per image to $750 and in some cases even $450. I think this is likely in response to some of the efforts done through this site. I think is terrific and a major change in Getty's position. I am glad that Getty is realizing that there is no basis for the amounts they demand and that they have begun to adjust their demand letters accordingly. Now if they will negotiate reasonably against that initial demand, we may have some real progress here. Let's see what happens.
Masterfile continues to expand their program. When it started, they had one individual doing all of their correspondence and negotiation. Now the program has 3 "Compliance Officers" all of whom continue to send out letters to those allegedly found to have Masterfile images on their sites. Masterfile has increased the demand amounts in their letters from around $2,000 per image to now between $4,000 and $6,000 per image. No explanation was given for the increased amounts.
So, our position with Masterfile has really not changed - it is best to try and reach an amicable settlement with them since they have registered their images and would be entitled in a court of law to attorney's fees and costs, as well as statutory penalties.
We've learned of no new lawsuits filed by Getty since our last post. The most interesting thing to have changed is that in the last few months, the demand in the letter has gone down from the traditional $1,000 or $1,300 per image to $750 and in some cases even $450. I think this is likely in response to some of the efforts done through this site. I think is terrific and a major change in Getty's position. I am glad that Getty is realizing that there is no basis for the amounts they demand and that they have begun to adjust their demand letters accordingly. Now if they will negotiate reasonably against that initial demand, we may have some real progress here. Let's see what happens.
Masterfile continues to expand their program. When it started, they had one individual doing all of their correspondence and negotiation. Now the program has 3 "Compliance Officers" all of whom continue to send out letters to those allegedly found to have Masterfile images on their sites. Masterfile has increased the demand amounts in their letters from around $2,000 per image to now between $4,000 and $6,000 per image. No explanation was given for the increased amounts.
So, our position with Masterfile has really not changed - it is best to try and reach an amicable settlement with them since they have registered their images and would be entitled in a court of law to attorney's fees and costs, as well as statutory penalties.
944
Getty Images Letter Forum / Re: Any updates on Getty since March 2009 Mr Michelen
« on: March 05, 2010, 09:01:41 AM »
Good suggestion! I will also add an update post now on the forum
945
Getty Images Letter Forum / Re: Sleepless in Canada
« on: March 01, 2010, 07:15:30 AM »
Hey bubu:
There have been a lot of posts here about the issue in Canada and to my knowledge Getty has not sued in Canada as of yet. Getty has a deal where they split their receipts with PicScout so putting it up on their site to allow others to use it for free is not in their or PicScout's business model. The one good thing about Getty's program is that people are becoming more aware that you can't just right click and save content on the internet and assume its copyright-free. But until every one uses their own images on their websites, Getty and others will continue to run this lucrative program.
There have been a lot of posts here about the issue in Canada and to my knowledge Getty has not sued in Canada as of yet. Getty has a deal where they split their receipts with PicScout so putting it up on their site to allow others to use it for free is not in their or PicScout's business model. The one good thing about Getty's program is that people are becoming more aware that you can't just right click and save content on the internet and assume its copyright-free. But until every one uses their own images on their websites, Getty and others will continue to run this lucrative program.
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