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Messages - TSmith

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1
SoylentGreen,

Thanks for your reply, the problem is these images were registered in 2008, and were found to be on my website
after that. My website designer just did a Google search to find the images, and didn't have any idea where
they came from, and wouldn't have used them if they were from Getty.

After talking with two lawyers,  they both say I'm liable for damages and lawyer fees if they decide
to sue. That's the big question will they sue for a measly $1200 dollars in court, they do have the rights to do so, even
though they used the most despicable methods to find these images, and their failure to have these images
watermarked, or the "EXIF info" saying they were owned by them put in place.

I would like to see some sort of "group action" take place like filling a complaint with the State of Washington,
Attorney General's office, or some sort of "class action" harassment suit filed by donations from this group!

I think there are grounds to fight them, and would like them "hauled" in front of a judge to explain their business model
and practices, with a bunch of major news reporters attending, and reporting the event.

Maybe we should ask Oscar and Matthew if that's a good idea to take the offensive against them.


Regards,

TSmith

2
screwedbygetty,

We are still working on a strategy, but few options exist.


Regards,

TSmith

3
Oscar,

Here is a update to my Getty saga, my attorney wrote them a letter similar to your letter, and Getty wrote back saying it didn't make any difference if I didn't intentionally and use their copyrighted "Stone Collection" images on my website, even though a 3rd party designed the site, and I immediately took down their images upon receipt of their first letter.

They are demanding full payment for their images, that I replaced for a mere $10 dollars.

In your opinion should we:

1)  Just totally ignore their demands and see if they sue
 
2)  Reply back restating that these images were used without my knowledge of their rights, and I had ZERO intention of selling, or profiting from these images
 
3)  Contact the State of Washington State's Attorney General and "lay my cards out"
 
4)  Have you get involved in my case


Best Regards,

TSmith

4
Oscar,

Thanks for your response to my question, however I still have to question the motives, and legitimacy of Getty's claims.

You said:  "Most of the time, these images do belong to Getty (or their photographers) and they have a completely valid infringement claim."

Alright I can understand that 100%, - However with my images there aren't any watermarks, or the "EXIF Data" doesn't contain any ownership or copyright information, so it seems like this a scheme for "entrapment" to extort a lot of money, because comparable images can be purchased outright for a few dollars, and that's exactly what I did and replaced their images when I got their letter!

It seems to me they should have to stamp a watermark and include copyright information in the "EXIF Data" region, and failure not to do so, would mean that their images are "public domain" without it.

These types of predatory business practices must fall under some sort of illegal procedures.

I have been in business for over 25 years, and have never encountered such sleazy tactics as these, that's why it seems like a perfect "class action" case for Attorney Generals or the FTC.


Best Regards,

TSmith

5
Oscar,

First of all I wanted to say thanks to you and Matthew for giving us small business owners information, courage, and strategy to handle this “Getty Image Extortion” situation, and expose their unscrupulous, pathetic, unethical business practices, of the likes never seen by me!

I have received two letters (Sept/Nov 2010) demanding payment of $1200 dollars for two images from their “Stone Collection”, and from your last audio update 10-08-11 you indicated to us that collection was registered in 2008, and you weren’t aware of litigation, and people’s situations who used those images for sites built after 2008, well mine was built by a 3rd party in 2009, and they weren’t aware the images were from Getty, or was I.

I have done extensive research from this website and many places on the internet, so I’m up-to-date on what is going on.

Also I have a attorney/friend who has written a “unsent” letter to Getty using the outline of what you use.

My question is – "What if I contacted, or we all contacted the Attorney General of the State of Washington, and our respective state’s Attorney General’s, and the FTC, and file individual complaints, or file some sort of “class action” complaints?"

Surely, it would seem to me that any Attorney General would see this as extortion of a huge multi-billion dollar corporation upon innocent small entrepreneurs.

This type of practice must be stopped!


Regards,

TSmith

Pages: [1]
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