Messages

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: February 11, 2013, 09:53:53 PM »

Thank you Oscar. I wonder what the standard time for them is to fire back a response/denial of my letter, It's been over 6 weeks now since I sent a letter claiming likely fair use. Maybe for once they have backed off...

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Getty Images Letter Forum / Re: Who can I get images from?

« on: January 02, 2013, 08:39:58 AM »

Good information, thanks.

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Getty Images Letter Forum / Who can I get images from?

« on: December 28, 2012, 11:50:35 AM »

I recently had a letter from Getty which I have dealt with. So my question is: when I want to get decent images, who is a reputable company that is known to have the appropriate licences (so that I don't have to then deal with Getty et al. again), and has the ethics to not use extortion type tactics for alleged infringers? Do we have a good company list? I want to reward companies who play fair.

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 21, 2012, 04:26:53 PM »

Thank you Lucia - agreed. I believe I was caught up in their image matching algorithm incorrectly in this case - i.e. they would not have intended to send the letter if they realized it was referencing the book. I'm sure they've sent similar letters to other websites that are discussing the book/movie. That's not to say they will back off, but it does not worry me.

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 21, 2012, 12:01:42 PM »

I will keep you informed. I have no intention of settling because this is an absolutely marginal case for them and I don't believe there was infringement. Thanks again.

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 21, 2012, 10:55:29 AM »

Thank you all. I think I will write back (registered mail presumably?) stating their automated image matching did not take into account that I was showing the book cover and that this use could be considered fair use - that it is normal for the book cover to be shown when doing this. I will then state that I consider this notification closed. Anything else? It would be interesting to hear from anybody else as well as it pertains to fair use.

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 20, 2012, 09:19:59 PM »

I agree with Robert, in my non-lawyer opinion this would fall under fair.

http://www.copyright.gov/fls/fl102.html

Well after seeing that image, I know I would politely tell them to pound salt, thats the site is a review site, where yourself and users comment on book reviews ect...the image in question was of the book cover, even tho they claim to own a portion of it.. I think fair use would apply here...hopefully Oscar will chime in as he's the expert...

I would clarify that it's not a review site, but rather a site about analytics and data, hence the Freakonomics review. The blog is attached to my consulting website (the company has little revenue).

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 20, 2012, 08:13:35 PM »

My site does not serve ads. A google image search (https://www.google.com/search?num=10&hl=en&safe=off&site=&tbm=isch&source=hp&biw=1599&bih=824&q=freakonomics) brings up multiple copies of the image. Mine is similar to the fourth image of the search (New York Time Bestseller sticker), but the blog software I used actually cropped the image down a little. The sticker is still visible, and the title above clearly states that it's a review of the movie of the same name. I'd be more than willing to post the image here of what it used to look like, along with the blog content (or the notice I received).

Thanks for replying Robert.

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 20, 2012, 06:39:25 PM »

Comparing the two closely, it's definitely the same one that's used on the cover.

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Getty Images Letter Forum / Re: Letter help: Fair Use

« on: December 20, 2012, 06:14:18 PM »

No, they are claiming this one: http://www.gettyimages.com/detail/photo/green-apple-with-orange-slices-inside-high-res-stock-photography/215760

The image on the book has the background removed and text etc. added. I am using part of the book cover image with the text, not the exact image as linked. Thanks.

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Getty Images Letter Forum / Letter help: Fair Use

« on: December 20, 2012, 05:30:25 PM »

I had a single allegedly infringing image on my blog that I received a standard notice/demand for payment from Getty. The image was a part of the book cover from Freakonomics (it was clearly still the book cover as it has a sticker "Now a major movie" visible). The article on my blog is (now with no image) a quick review of the movie of the same name. They are claiming copyright not on the book cover but on the apple that's actually an orange (search Google images for Freakonomics). This is clear from their version of the copyrighted image which is not the book cover.

I would hope that this falls under fair use. I searched the forum but did not find a similar issue before. Any thoughts on the wording of a letter back to them?

Many thanks to the authors of this website and the forum users. Needless to say I had that sinking feeling many of us seem to have experienced before...

Edit: Just looked again - the sticker actually says "New York Times Bestseller"