Messages

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Getty Images Letter Forum / Re: LCS / Trunk Archive Closed My Case

« on: December 12, 2015, 06:35:48 PM »

Very true. The photog's website makes no mention of Trunk. all requests and inquiries go to him directly.

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Getty Images Letter Forum / Re: LCS / Trunk Archive Closed My Case

« on: December 12, 2015, 05:57:53 PM »

I understand your point. I also understand where the word "extortion" comes from on this website! I can't believe these people have this business model. I would note for the board's use that I contacted Trunk Images directly asking about the image. They do represent the photog and handle licensing for him. When I asked about the price I got radio silence. Do you think they pinged LCS to see if I was a troll victim?

Thank you again for all your perspective. I am going to ignore this deadline, then whenever down the road they want to send more letters, I will have our attorney respond. I would guess that they would cool it after that unless they intend to go to court. It would make sense to harass my attorney, right?

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Getty Images Letter Forum / Re: LCS / Trunk Archive Closed My Case

« on: December 12, 2015, 04:16:56 PM »

Thank you, Robert.
I guess I shouldn't throw around "public domain" in a forum like this! For clarification, we don't serve ads, though it is a business, not personal site. Also, our argument (which you seem to reject!) is that fashion/beauty experts, commenting on what is trending is educating our audience. We didn't use the image to promote the business, we used it to illustrate the topic. To your point, it would be up to the judge and it could go either way. Shakey case in the end, perhaps.

It's disheartening to hear they would reject the offer. It sounds like, even though they hint litigation is their next move, it never has been. Others here seem to indicate that if I don't pay today, I'll just get another threat in a few weeks. Am I picking that up right?

Also Oscar's post indicates that the courts have not/will not impose "multipliers" or other associated fees to an award. My thinking is that the most they could win is the original amount of $1000, because if the photo was worth more than that, they would ask for more. Is that sound logic? Is Oscar's post still true?

Lastly, Oscar mentions that if I make them aware that we have counsel, they are no longer allowed to contact me directly. I let "Samantha Clemens" know form our second email that I was being advised by my lawyer. Have they broken the law?

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Getty Images Letter Forum / Re: LCS / Trunk Archive Closed My Case

« on: December 12, 2015, 02:39:56 PM »

Thank you for your reply, and that confirms some fears - namely that we infringed at all - I believe that we do indeed meet several criteria of Fair Use based on what I have researched, but it's not a slam dunk. While the image was not altered, it was used in an educational way, the photo was journalistic, not artistic, we didn't make any money off of it, and it has already been published in the public domain. Lastly, the settlement amount is far beyond "Fair Market Value". Still, Your opinion is persuasive.

I have a hard time with the dollar amount, seeing that a license might have cost about $100 at the most. My biggest fear is that once you pay, they will target the business. As a lifestyle related business, publishing photos to our online media feeds (Instagram, e.g.) is key. Most all the work is original, but not all. Is there any story of a business being targeted after paying?

I am planning on making a $250 good faith settlement offer today.

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Getty Images Letter Forum / Re: LCS / Trunk Archive Closed My Case

« on: December 12, 2015, 12:14:32 AM »

I wanted to add that in my written response, I asked for proof of ownership, and they sent 2 letters from Trunk Archives executives claiming 1. Ownership and 2. Giving LCS rights to pursue infringements on their behalf. I believe that is a joke because Getty owns both Trunk and LCS, right?

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Getty Images Letter Forum / Re: LCS / Trunk Archive Closed My Case

« on: December 11, 2015, 11:47:00 PM »

Hello all - I'm new to the site, but our business received an extortion letter from LCS on behalf of Trunk Archives several months ago. I did my research and believe they have no case, but obviously we're worried. This is the first thread I've seen that mentions Trunk Archives, so I'm glad to see that they are included in this scam.

Long story short, we used an image for NY Fashion week that appeared in Vogue online, in a blog post about Fall Trends. We discontinued the blog this past spring and all posts came down. My first notice from LCS came in September. I promptly notified them (They asked for $1000) that the image was no longer on the site. The response:
"The image was captured by the software on 03/16/2015. Even with removal of the image, the prior unauthorized use of the imagery on the website is considered a violation of Federal Law. Since copyright infringement already occurred, payment for that unauthorized use is also necessary. There is a three year statute of limitations from the time of capture in which this case can be pursued."
I followed some advice on here and from our attorney, and let them know that we believed the image was fair use. Needless to say, I wasn't stern enough because the threats kept coming, and the last email stated the latest offer of $900 to settle would expire tomorrow (12/12).

I feel that we have a pretty strong case, but the photographer does have an account with Trunk Archives, and of course we did not pay any license fees for the photo. Is the fact that we took it from Vogue after they published it matter (and linked back to them and their photo credit)? In the board's experience, is this total BS or am I the one case where there really was infringement?

Any advice appreciated!