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Messages - northern CAL

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1
I definitely will do this Greg. Anything to help build the case that these are shake downs on the American public and their small businesses.   

2
Mr. Michelen,
Thank you for your response. In addition, thank everyone else for their contributions towards this topic.  Currently, I am opting to go with the letter writing program due to the potential beratement, harassing and intimidation tactics folks like Getty, and McCormack law conduct.  Therefore to avoid this I feel the letter program is best.  It is difficult for me to not just pick up the torch and go forward to try to rectify this in a logical and sensible matter with the other parties.  However, it is quite clear with the numerous post on this site that Getty and McCormick lack these traits and would rather siphon money from the small businesses of this great nation.   So once again thank you all for your time and help, I will be sure to keep folks informed on the progress once Mr. Michelens team/office is involved.

3
Greg, would you suggest to have Mr.Michelen's letter option as the method of contact to Getty or me personally?  I could do it but is that opening the troll doors of Getty on me?


norther CAL,

Thanks for providing the link, the copyright is clearly listed under all the photos.  Since you have been to the photogs site I would make Getty an offer of a comparable price from the photogs site and refuse to go higher with out them showing past sales history that the images sells for that price.

Also I would make any offer contingent on Getty providing proof of their claim. They are sending you in invoice without showing they have the right to collect on the images in question. Getty will tell you that they will not provide proof except through disclosure (we'll show you when we sue you). If Getty continues to demand payment with out providing proof I would consider filing a complaint with the Washington State Attorney General's office. 

Think about it would you be willing to pay anyone who told you that you owed a large sum of money yet refused to make an account for the invoice then tells you I show you when I sue you now pay me?

I tried in good faith to negotiate with Getty and they refused and sent me the "Final Warning" letter so I filed complaints with the AG, BBB, FTC, my congressman and senator and never heard from them again after that.  You can read what was done here along with copies of all letters and complaints filed.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/an-experiment-against-getty/

Hope this helps, keep reading the forums and ask questions.  Keep us posted on what you do please.

4
Jerry,
the image was on a PDF and i feel the advertising - brochure option is best suited.  the brochure was an old link that wasn't even functional (late 2012).  so I went for the 2 year option and the price is now at $238.  The screen shot was taken (thanks for the reminder!).

Is the recommendation to  counter with a $238 cost to Getty?  Or pay the $238 now?

5
Thanks Jerry,
I did reach out to the photographer yesterday since he is a well known locally and his reply was this.....  what a headache!

"I am sorry for any trouble this has caused you. I assume that you had the best intentions with your flyer and were not trying to rip off anyone.

Getty Images has in their collection one of my Northern Spotted Owl photographs, an image that they have exclusive rights to for licensing and distribution. Getty has been known to aggressively go after unauthorized uses of photos they represent, and in fact under the terms of contract, even I cannot sell, license or otherwise distribute that image.

I am curious as to whether the letter from Getty offered any terms under which you could continue to use the photo, or if it just demanded that it be removed. Getty recently announced that they would allow use of many of their photos at no charge for online editorial purposes. "



6
http://www.fws.gov/yreka/northernspottedowl.html

Its the owl right under "Identifying Characteristics".  I was going under the impression that the USFWS had this and other images up as public domain and can be used as references for future education / informative use.


7
Also is the premium support still available i.e., Mr.Michelen's letter fee if needed?

8
After reading several post and seeing a slew of responses I felt that there may be a small twist of my story than some of the others.  We had on our website an image I obtained from a federal public web site that I used for a flyer/PDF that we had on our site for folks to download.  Our site hardly gets traffic and the company is almost non-existent (we seldom do work from it). 

Anyways, we just received the letter today, I immediately went to the website, removed all traces of the image since i did not want to be in further violation (if I was at all!).   We are a small family and the Getty demand cost is around $950 which is too much for us to afford now. the site the image is on is the US Fish and Wildlife services website. 

Thoughts on the circumstance?

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