Messages

1

Getty Images Letter Forum / Re: Think this letter will stop their harassment?

« on: May 03, 2012, 06:33:31 PM »

I actually found the answer from page 7 here - http://www.copyright.gov/circs/circ01.pdf
This i think does a great job of explaining it.

• Registration establishes a public record of the copyright claim.
• Registration allows you to file an infringement suit in court, for works of U.S. origin.
• If made before or within five years of publication, regis­tration will establish prima facie evidence in court of the validity of the copyright.
• If registration is made within three months after publica­tion of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for pro­tection against the importation of infringing copies.

In other words, wait it out for 3 years, then tell them to buzz of.
If they bring suit, establish fair market at 1.50

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Getty Images Letter Forum / Re: Think this letter will stop their harassment?

« on: May 03, 2012, 03:51:06 PM »

This might mean otherwise? This is before talking of stat damages, says that have to register it within 3 months of notifying me they intend to get a copyright and persue it, and its been well over a year since they first notified me.

411
(c) In the case of a work consisting of sounds, images, or both, the first fixation
of which is made simultaneously with its transmission, the copyright owner may,
either before or after such fixation takes place, institute an action for infringement under section 501, fully subject to the remedies provided by sections 502
through 505 and section 510, if, in accordance with requirements that the Register
of Copyrights shall prescribe by regulation, the copyright owner—
(1) serves notice upon the infringer, not less than 48 hours before such fixation, identifying the work and the specific time and source of its first transmission, and declaring an intention to secure copyright in the work; and
(2) makes registration for the work, if required by subsection (a), within
three months after its first transmission

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Getty Images Letter Forum / Re: Think this letter will stop their harassment?

« on: May 03, 2012, 03:38:28 PM »

Maybe one of the lawyers could chime in lol .

thanks for the feedback. Section 5 says you have to have a copyright to seek damages at all it appears. If they are coming at me for actual they will get 0 cuz I made 0 off the image lol.

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Getty Images Letter Forum / Re: Think this letter will stop their harassment?

« on: May 03, 2012, 03:26:12 PM »

yeah but couldn't a class action suit be brought against getty and these lawyers for extorting money from these people. I mean, how can you claim to be a copyright owner if you never registered the copyright? It is there for a reason, and they are just scaring people into paying them money.

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Getty Images Letter Forum / Re: Think this letter will stop their harassment?

« on: May 03, 2012, 02:52:44 PM »

also not sure if this has a place in the letter...


17 U.S.C. §412, a plaintiff must show that the pictures were registered within three months from the date of first publication or that the registration occurred before the infringement began.

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Getty Images Letter Forum / Think this letter will stop their harassment?

« on: May 03, 2012, 02:42:46 PM »

or at least make some valid points?

Dear Mrs. Kingston,

This and all previous communications are not an admission of guilt, however, I am obligated to defend myself accordingly.

According to US Copyright law, infringement in section (b) is defined below.

§ 501. Infringement of copyright
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.

The key phrase is this "any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright". You have yet to show me an official record of the Copyright holder for the images in question, so I took it upon myself to search the US Copyright Departments Public database and found the following results.

Getty Images - http://bit.ly/JhcVDV
Paul Conrath (Photographer) - http://bit.ly/IZ18Lc
Tristan Paviot (Photographer) - http://bit.ly/KYKIFK

As show in the Copyright Office search above, neither you or the photographer have any claim to a copyright on the referenced images. According to US Copyright Law, with no legal copyright to the image, you have no legal basis to file suit or seek damages.

This will be my final communication to you in this matter. I request a signed letter from your firm that you will no longer be pursuing this matter. Any further attempt to reach me on this matter beyond this requested letter shall be considered harassment and I will be forced to exercise my valid legal options.

Regards,
Andrew

on another note, it may not matter if this letter works, but she said they were seeking actual damages, according to copyright law.

§ 504. Remedies for infringement: Damages and profits
(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

My site was not a registered company, I made no money, I have no records, and they have no way to show any actual damages. It was a hobby site. I would point this out to them but I am not sure if at this point it is necessary.

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Getty Images Letter Forum / Re: Very Interesting Article on Statute of Limitations and Discovery Rule

« on: May 01, 2012, 12:03:35 PM »

do damages calculate then from discovery date or first use?

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: April 30, 2012, 09:45:02 PM »

I was thinking as well (while breathing and reading lol, I watched that tech crunch video saying they dont care until they users start making money etc. I have a post in my news feed you can see here which states its non-profit

http://web.archive.org/web/20050418113305/http://www.revelationstudios.info/

that should help me as well no?


hmmm also back to the SOL, the damages can really only accrue while the image is in use, once its removed they cannot claim damages. Those damages can really only accrue from the time that they discovered it correct? So if they discovered it AFTER it was taken down, then they really have no claim?

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: April 30, 2012, 09:34:07 PM »

so really then, if they notified me in dec 2010, damages tech start accruing from that point when they discovered it correct? Then they now have 3 years to file a suit from that date. So if I just site and ignore them, and they do not file anything by then, at any point they try to do so  if it EVER did go to court, the SOL would apply and they would be out of luck?

If they did file before then, they would still need to prove actual damages? which they cant so they lose again?

I just dont want to let it set if damages are building and they could actually get something, I am content to ignore them lol

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Getty Images Letter Forum / Very Interesting Article on Statute of Limitations and Discovery Rule

« on: April 30, 2012, 09:31:24 PM »

Anyone have time to read and interpret for the Ley Man? Got through the first few pages before my head began to spin lol

http://bit.ly/IpRswF

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: April 30, 2012, 09:03:09 PM »

I registered for a domain tools account and apparently it expired oct-nov 2010. I coulda sworn I took down the site from the hosting at least, i havent touched it since it was up in 2004 the first time.

So question now, if the site began in 04, what is considered a reasonable amount of time before they should have discovered it so that the clock begins ticking on the statute?

Also, if they are seeking actual damages, they have to prove the amount they lost in order to win anything. So should I just zip my lip, let them drag as long as they can until they decide if they want to take it to court and then just let them find out in court it was not a company, have no sales history or anything to base loses on etc?

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: April 30, 2012, 08:48:52 PM »

LOL, domain tools is not free so I have to search, archive.org says 2006 but she said that was just the last time it was crawled. I am waiting on Godaddy to get me some proof of last payment and when the domain expired from me.

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: April 30, 2012, 08:04:52 PM »

Now they are telling me they have a screen shot from 2010, not sure how they got that. I have to find out when my last payment was and when the domain expired. Even so, the site was put up in 2004, 6 years is well beyond the reasonable time of discovery and contact wouldn't you say?

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: April 30, 2012, 04:02:24 PM »

So I received an email from a Lauren Kingston from his office showing me two images they are seeking damages for. A) I asked for proof of infringement and how the calculated damages, neither of which they answered and B) I noticed this after I replied, but they said they are seeking ACTUAL damages, which as far as I am aware, they need to prove that by me having it on the site they lost X amount of dollars, which there is no way for them to do.

So I replied saying that the reasonable time of discovery and the statute of limitations were well past, and at the request of my attorney, that the cease pursual of this matter.

Will keep you guys posted!

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Getty Images Letter Forum / Re: Welcome To The Club? (edit: statute of limitations?)

« on: March 09, 2012, 06:51:29 AM »

Meaning I would really need to rely on them finally saying hey this isn't worth bringing to court or them actually trying to bring it to court and me having to use that defense? Would a Judge even let them try the case, or would they say its past the statute no dice?