Messages

1

Getty Images Letter Forum / Re: Help checking image registration

« on: April 23, 2013, 11:59:00 PM »

Hhmmm...I looked at Egan's other images. Looking at the images, it occurred to me he's not American. I don't quite know what happens with Copyright claims if they were registered elsewhere for example Ireland. Here's Egan's website:
http://shaunegan.com/  He appears to be in Ireland.

This photographer does do commercial work.

Yes, I think it is likely that Egan would file the online license for this image with Getty, since he states on his website that he is distributing the images though Getty Images.  Egan being from Ireland should not make any difference if he filed, what he thinks, a legal license with Getty in the U.S.? 

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Getty Images Letter Forum / Re: Getty Images in Canada

« on: April 23, 2013, 11:42:03 PM »

You live in Canada. Where was your website hosted? If that was Canada, I think your jurisdiction is Canada because I don't think any American copyright court would consider the case to fall in their jurisdiction. 

Even in the US, they have to bring the case in the jurisdiction that applies. So, for example: I live in Illinois. If I decide to photo-copy books using a copier located in Illinois, and sell the copies in a store in Illinois, the copyright owner has to file that case in my jurisdiction, which means the case will be heard in Chicago.  In the hypothetical I created, they can't file the case in California.   I'm not quite sure what happens if I post on my blog which is served from a machine located in California.  So, maybe someone getting me for copyright could file in California-- I'm not sure. But I think they couldn't file in Seattle (unless they could dream up some rather novel theory that involves something about the publication happening in that jurisdiction).

So, it seems to me if you are in Canada, and your server is in Canada, they are going to have to file in Canada. Moreover, are any of your assets in the US?  I don't know how Canada deals with American copyright awards. Getty might have difficulty collecting from a Canadian.

Lucia, you raise an interesting point.  I live in Canada in British Columbia, the letter was sent from Seattle, Washington.  Getty is claiming that they can collect the fees in Toronto Ontario, yet my site is hosted out of California. The photographer is Irish.  Wow, this case crosses provinces, states and international borders.

3

Getty Images Letter Forum / Re: Getty Images in Canada

« on: April 23, 2013, 11:37:29 PM »

If the letter states that you have violated US copyright law and was sent from a US office like Seattle then you can use Oscar's defense letter program.  If the letter states you are in violation of Canadian copyright law then Oscar can not help you as he is not licensed in Canada.  If you are not sure contact Oscar's office and he can tell you for sure if he can help you or not.

Hope this helps, please keep us posted to your progress.

Ha, in their letter, Getty Images does not state which law I violated, they just lists them all:  Canadian Copyright Act, The United States Copyright Act and equivalent laws in other jurisdictions that entitle Getty Images to seek legal remedies.  They cover their basis just in case.  Its like they don't really know. I will contact Oscar, just have to scan my latter.  Thank you.

4

Getty Images Letter Forum / Re: Help checking image registration

« on: April 23, 2013, 12:20:28 AM »

Lucia, so glad someone can understand these things so well.  But in this hypothetical situation if the calendar had the image and if getty had a nice strong license with calendar maker (which they probably don't) then this would be an argument for getty, wouldn't it?  Or am I getting totally confused here?

5

Getty Images Letter Forum / Getty Images in Canada

« on: April 23, 2013, 12:15:41 AM »

Thank you all for your generous help regarding the registration.  It appears that I am in decent shape to defend myself.  I have a different topic to discuss, hence the new post.  I live in Canada.  The letter I received is from Getty Images in Seattle, WA.  The contact email is [email protected] but the remission details are as follows:  Remit to: Bank of America Getty Images Canada Inc.  Address in Toronto Ontario.  So the bank is located in Toronto but the head office in Seattle.  Am I under US or Canadian jurisdiction? Or does it matter. How do I know. I did a bit of reading on the forum about Canadian cases and noticed that some people were cautious offering recommendations about Canada.  Also, I'm trying to figure out whether to write my own letter or get Oscar to represent me.  I'm leaning towards Oscar because it gives me more peace of mind but then would he represent me in this case? 

6

Getty Images Letter Forum / Re: Help checking image registration

« on: April 22, 2013, 03:16:59 PM »

This image?
http://www.gettyimages.com/detail/photo/stepping-stones-across-sand-and-shallow-high-res-stock-photography/10197387

I'll search for the photographer's name and so on.

Yes this is it!

7

Getty Images Letter Forum / Re: Help checking image registration

« on: April 22, 2013, 01:06:21 PM »

Great replies, much appreciated.  This gives me some breathing space.  Another thing that came to mind is that I live in Canada.  Looking though the forum I noticed that Matt has been pretty careful giving advice on Canada.  Looks like the letter I received is from Seattle but they ask for money to be remitted to Bank of America Getty Images Canada Inc.  which makes me think they made the Canadian branch of Getty Images.

8

Getty Images Letter Forum / Re: Help checking image registration

« on: April 21, 2013, 11:57:11 PM »

you can search here : http://www.copyright.gov/records/
The "Stone" collection I believe is registered as a compilation consiting of many, many images.. you might want to read into the getty v. advernet case, which the judge ruled the registrations invalid, and even though he found the defendant guilty of the infringement, he awarded exactly zero dollars because of Getty's sloppy reigistration.

Thank you for this info.  After studying the getty v. advernet case I see that it is possible that Getty may have in fact cleaned up their sloppy registration since the ruling, which would not work in my favor. However, am I correct in thinking that if Getty still holds this collection as a compilation and Gettys claim to me is regarding only a single image, then they are out of luck?

9

Getty Images Letter Forum / Help checking image registration

« on: April 21, 2013, 01:28:33 AM »

I too got the letter from Getty Images.  A few months ago I made my own website via Weebly (super easy dyi web-based system) and used my images instead of their template but being completely naive I googled the web to find a nice image to pretty up the site.  There was no watermark or copyright symbol but I now know that this does not matter.
After initial panic attack and (unfortunately) calling Getty, I went to the web and found the forum.  I have been reading the forum at length and am amazed and grateful to see the genuine support from both the founders and the members. I am trying to assess my situation and the worst case scenario.  I would like to find out whether the image in question was in fact registered or if Getty Images had the exclusive rights with the photographer for that image.  I went to the photographer's website and he mentions on his website that he supplies his images worldwide though Getty Images.  Would anybody be able to advise how I could search the registry or do a brief search for me?  What else I could do to gain a bit of confidence about the situation.  Oscar mentions in his informative summary that Getty registers only 1% of their images. I'm hoping the image in question is no in that 1%.
Image details:  101097387 (RM) Stepping stones across sand and shallow water, close-up
Collection: stone
Photographer: Shaun Egan
Many many thanks.