Messages

1

Getty Images Letter Forum / Getty update question

« on: June 12, 2014, 09:14:09 PM »

Just curious if anyone has seen a trend as to whether Getty has continued filing suits over a single image or if that has cooled off. Looks like the letters are still being sent.

2

Getty Images Letter Forum / Getty getting some of its own medicine

« on: February 07, 2014, 10:49:39 AM »

Patent law dispute
http://www.law360.com/cases/525ee8e9c819cd3c7c000001

Copyright infringement by use and selling of an image
http://dockets.justia.com/docket/arizona/azdce/2:2013cv02098/813125

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Getty Images Letter Forum / Re: It has now been over 3 years since my Initial letter and still getting threats.

« on: January 28, 2014, 03:29:31 PM »

Appropriate flexibility reads to me like they are not filing anything.  Also, emails would not bother me like postal mail would.  Are you getting the emails from Getty or an attorney?  Attorney's usually don't send those as "official" correspondence.  When did you take down the image; has it been three years?  The SOL may continue until the alleged infringing picture(s) are removed.  If it has been three years I might would mark their email address as spam so it gets deleted right away.  Maybe I would even wright them a letter stating that the SOL has run and pointing to the copyright statute and tell them to quit contacting you.  Just thoughts, not advice.

4

Getty Images Letter Forum / Re: Just ignore them

« on: January 28, 2014, 12:42:12 PM »

Kyle,

Would you mind giving us some details about your situation.  How many images were alleged to have been infringed, whether the site was a business, blog, etc., and whether if it was a business whether it was incorporated or not.

Thanks

5

Getty Images Letter Forum / Re: Getty Files 3 New Lawsuits over Single Images

« on: January 26, 2014, 10:15:36 AM »

So do you see this as a paradigm shift for GI or just something they are trying out? I wonder how much they demanded prior to suit and whether the business owners attempted to negotiate with them or just ignored the letters.

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Getty Images Letter Forum / Re: Question about precedent

« on: January 24, 2014, 06:52:31 AM »

Lucia not incorporated merely doing business as. Do we know if rlocke who posted about the suit over 1 image was an individual or corporation?

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Getty Images Letter Forum / Re: Question about precedent

« on: January 23, 2014, 03:00:30 PM »

stinger - I noticed that it wasn't McCormack that that filed the suits in the complaints I saw.  That makes me more hesitant to respond and get myself singled out.

So, I guess that brings up a question for all of those on this forum that have been sued (maybe I should start another post with this question) - what was the series of events?  Did you get a letter from Getty then one or two from McCormack and then sued by someone else?  Or did you get any communication from the litigating attorney to try to settle the matter prior to filing suit? 

Also, did the ones who got sued ever respond to the initial extortion letters?

I noticed rlocke's post made it sound like he got a letter from Getty, had Oscar send a letter on his behalf and the never heard from anyone else until he got the notice of filing.   I'm just trying to read the tea leaves here a bit.

8

Getty Images Letter Forum / Re: Question about precedent

« on: January 23, 2014, 01:55:48 PM »

Thats my concern lucia.  I am trying to determine whether to respond to McCormack or see if it just blows over.  My first inclination was to wait until the "final" demand letter from McCormack but now I'm not sure.  A little background:  Got the image from a google search, no watermark or any indication it was CR by anyone.  Have since seen the image on hundreds of websites ranging from law firms to blogs to news organizations.  Used it for a small business (DBA unfortunately) website that generated little to no income.  Home Page posting.  Picture only up for a month or so.  Its a pic by a guy that has 56 entries on the CR website (scarry).

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=+Menuez%2C+Douglas&Search_Code=NALL&PID=XDjBxh_QwI3XSNBqbRSrZ19Flghi&SEQ=20140123134659&CNT=25&HIST=1

I cannot find whether this particular image was registered.  So my dilemma is do I ignore with the chance of suit?  None of the letters have been registered mail just ordinary post so they cannot be sure I received them.  If I ignore there is the chance that I stay hidden among the crowd and get passed over.  But, I really don't want to be sued. 

If I respond there is a chance I can reach a more reasonable settlement than $1800 assuming they registered the image and have exclusive rights to it.  On the other hand I risk sticking my head above the crowd and put into a pile of "live ones" that they will more vigorously pursue. 

Man I just dont know what to do.

9

Getty Images Letter Forum / Re: Question about precedent

« on: January 23, 2014, 09:50:59 AM »

Did a little research and found the following: (this concerns me a little)

Single Image suits filed by Getty.  All of these images had a certificate of registration and Gettu had the sole right to distribute these images.  McCormack's firm was not the filing firm, rather YARMUTH WILSDON PLLC out of Seattle.  However, McCormack posted the filings on jdsupra.com (along with the Georgia Court of Appeals ruling denying Michael Chan's motion to transfer the case to the Supreme Court - unrelated case but obviously McCormack has it in for Chan.  Also found it strange that McCormack filed an amicus brief in the case.)  I wonder if this means Yarmuth files all these complaints for McCormack and Getty or if Yarmuth is the firm to be concerned with if you get a letter from them instead of McCormack (assuming you are a business and not just an individual with a blog or something similar).

Florida
Logistics Company
http://www.jdsupra.com/legalnews/complaint-for-damages-getty-images-us-10259/

Website Development company
http://www.jdsupra.com/legalnews/complaint-for-damages-getty-images-us-10110/

Georgia

Website building company

http://www.jdsupra.com/legalnews/complaint-for-damages-getty-images-us-09710/

Arizona

Herzog Lawfirm (previously posted)

http://www.jdsupra.com/legalnews/complaint-getty-images-us-inc-v-the-05630/

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Getty Images Letter Forum / Question about precedent

« on: January 22, 2014, 10:08:00 AM »

Hi everyone,

New member here that just received 1st McCormack letter after receiving a letter from GI several months ago. I posted 1 image and GI is demanding $1800.  I was curious what people's experience has been with GI filing a lawsuit, especially over one image.  Has anyone, other than rlocke who recently posted, been sued over 1 image?  On the reverse side, has anyone had the statute of limitations of 3 years pass without being sued?

Thanks for any info.

11

Getty Images Letter Forum / Re: Getty filed a lawsuit against me

« on: January 22, 2014, 09:41:32 AM »

Hi everyone,

New member here that just received 1st McCormack letter after receiving a letter from GI several months ago.  I am curious rlocke what the demand was from GI for the 1 image you posted.  They are asking $1800 from me for the 1 image I posted (not knowing it was copyrighted; it was up for a few months only) and was thinking that they probably wouldn't bother filing suit for it.  Now that I read that you have been sued over 1 image I am rethinking this. 

Also, did you mean that you have been sued in your local District Court and not federal district court?

Thanks, and good luck.