Messages

1

Legal Controversies Forum / Re: Use of copyrighted images for educational use - legal?

« on: November 24, 2012, 05:37:05 PM »

Hi Lucia, this is exactly what i mean. The images has been deleted, broweser memory has been deleted, browser has been reinitialized and still, ImageExchange shows the RM images.... Anyhow know how to get rid of those ghosts???

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Legal Controversies Forum / Re: Use of copyrighted images for educational use - legal?

« on: November 20, 2012, 11:50:08 AM »

Hi both of you, as i said, the college is a public one (owned by the government). And images are used for educational use only. Not published elsewhere than their student website.

Anyhow, i am deleting all these images one by one and replace them with public domain images.

Once done, why is Picscout (or ImageExchange) still shows the deleted images?

Thanks!

3

Legal Controversies Forum / Use of copyrighted images for educational use - legal?

« on: November 19, 2012, 07:12:44 PM »

Hi, i sometimes uses Goggle images (that may be copyrighted) for educational use:
- no sale
- examples for my students
- etcs
- no distribution
- only published on students school-owned website

Am i in an infringment situation?

Thanks!

4

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 19, 2012, 11:38:50 AM »

HI M. Michelen, ive send emails both to digitalimagelitigation@.... and inquiries@

Waiting for your answer.

Thanks!

5

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 18, 2012, 05:28:07 PM »

Robert, Greg, is there a way i can contact you privatly?

Thanks!

6

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 18, 2012, 01:50:59 PM »

I am trying to compare, but their price calculator is very vague: cant add options such as - size of the image, organisation type (non-profit or not), etc.

Other image stockers have more descriptive price calculator and evidently, the price is much much lower.

7

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 17, 2012, 04:35:02 PM »

Hi guys, i HAVE read the posts/topics and i AM reading all i can, but still, this is not my stuff. I contacted Oscar, described him my case and wait for an answer.

Meanwhile, i used TinEye to see if the pics is somewhere else on the net, and, if TinEye is right, it searches for 2 billion pages to find only one copy of this image: in the MF vault.... So i guess they have (exclusive) rights for this image.

Now, again my intention isnt NOT TO PAY, but to pay a reasonable usage fees.

As MF is asking, is $700/year for an image on a front page of a non-profit website is reasonnable?

What is the typical price for such an image/usage? Their online calculator is so vague that one cant specify EXACTLY usage conditions.

Thanks!

8

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 16, 2012, 07:17:52 PM »

My apologies if I sound harsh

Hi Robert, no offense taken. MF did send me the documents: with the name of the artist in header, the image is right-managed.

Now, ive read in a previous post (Ref.: How many got sued for just one image) that the Oscar Letter Program can also handle Masterfile case from Canada. Is that true?

9

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 14, 2012, 09:45:28 PM »

Ive emailed MF this:


To help me evaluate usage fees, can you provide the following information about picture #xxxxxxxxx:
- is this image bulk copyrighted or single copyrighted
- do you own EXCLUSIVE rights on this particular image or is it shared with other stock agencies?
- do you have documents to support this

lets see what they will answer.

Ive a juggling with the idea of sending out a registered letter (signature requested) to officialize my  offer. Good idea or not?

Thanks!

10

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 13, 2012, 09:18:33 PM »

Hi Greg and Robert, the registration identification looks very interesting. What is the procedure to check if registration is unique to Masterfile OR shared with other photo stockers?

Here is what MF says on its web site about that picture:

700-xxxxxxxxxxx
Rights-Managed
Artist: xxxxxxxxxx
People xxxxxx
Model Release: No   
Property Release: No

Thanks!

11

Getty Images Letter Forum / Re: Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 13, 2012, 11:36:45 AM »

Hi Greg, first, thanks for helping. Yeah, i admitted using their image, but not intentionnaly. They have a screen capture to prove it, hard to deny.... This is what you call innocent infringment.

Now, i AM willing to pay MF, i never said the opposite. My main goal is to set a reasonable usage fees for such a small image that has no impact on sales, because:
- the image is small and cropped
- my client isnt selling anything (so money made out of that picture)

This is what i need to know: if i refuse to pay what they ask, and have proofs that i offered significant money but they refused it, what would a judge think if MF sues me?

THanks!

12

Getty Images Letter Forum / Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 12, 2012, 10:33:10 PM »

Hi, four years ago, ive searched thru the Internet for a small photograph to complement my visual for a website i was doing.
I found one, cropped it a bit and placed it on the home page, where it is nowhere near of dominant.

It came up that that picture was (you guess it) copyrighted by Masterfile. And my client received a claim from Masterfile. After some researches, Masterfile was right. This i dont deny.

Some facts:
- the culprit image fills very liitle of my main visual of the main page
- the image does not appear on other pages
- the image was there for 4 years
- the image does have a link with the business my client runs
- my client is a social club, they make no money out of that, only memberships
- the image was quickly removed (within minutes ive received the letter). Removal confirmed by MF.
- the WHOLE website drags about 3000 request per months, mainly from local members looking for their schedule
- i can honestly say it was in innocent infringment
- ive bought some images from MF before
- MF asked to more than several thousands $ initially then reduced to to 1/3 after my acknowledgement of the infraction.

Their policy in case of infringment is either $1500 OR 3 times the cost of the rights, if they would have been paid.

- I counter-offered what Oscar suggests. Offer they refused, sending me back to their $2800
- I am willing to pay but a reasonable price

Questions:
1) What to do next?
2) Any suggestions?
3) What are my chances of being sued?

Thansk for your help.