Messages

1

Getty Images Letter Forum / Re: hypothetical infringement

« on: December 25, 2008, 05:14:44 PM »

What this site is about and what the Getty letter is about are internet violations; your examples do not take place on the internet so they can not be compared with "stolen" website photographs and graphics.

2

Getty Images Letter Forum / Getty on freeadvice.com

« on: December 01, 2008, 07:26:09 PM »

If you go to freeadvice.com and search for Getty some results are returned with a lot of replies that are not very helpful.
Here's one of them: http://forum.freeadvice.com/computers-software-internet-law-10/charged-website-photo-template-426991.html

I posted this website in one of the Getty threads and my post got deleted. Strange.

3

Getty Images Letter Forum / Re: My lawyer said I have to pay Getty

« on: November 30, 2008, 09:32:03 PM »

Oscar Michelen Wrote:
-------------------------------------------------------
> That's great dorim.  If you bought that poster and
> took an image of it and put that on your website,
> you would likely be protected under the "first
> sale doctrine."


Would it help me to buy the print now? The reason I didn't buy it yesterday is it was such a poor quality enlargement I knew I would never hang it up anywhere, but if it would help me now I will go back and buy it.
I don't know what First Sale Doctrine is, but I am going to google it now!

4

Getty Images Letter Forum / Re: My lawyer said I have to pay Getty

« on: November 29, 2008, 09:59:41 PM »

I went to Staples today and as I walked down the isle there in front of me was the exact image Getty is billing me for on a framed art print for sale for $29.00! I checked the back of it and its the same name too as the image in question too. So how can Getty expect me to pay $1,000 for an image I can get on a poster for $29?
If the blow up wasn't such poor quality I would have bought it to hang on my wall.  "Made in China" was on the back of the print too along with a sticker saying its a Getty Images print and produced by "Innovative Art" which I think is this site: http://www.portalpub.com. This has to help my case I would think!

5

Getty Images Letter Forum / Re: Masterfile Corporation

« on: November 29, 2008, 10:42:16 AM »

I thought a take down notice is suppose to be sent first and then a demand letter if the "stolen" images are not removed from a website.

6

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 17, 2008, 08:06:34 PM »

It sounds like great news for us! I'll be checking in all the time for updates!

7

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 17, 2008, 03:37:00 PM »

madetomom Wrote:
-------------------------------------------------------
> This does help prove our case a great deal. So the
> photographers are suing Getty because their photos
> were sold at a low price for UNTRACKED use.
> UNTRACKED. So, these photos are everywhere on the
> web - so hundreds of us can use them innocently
> and then get settlement demands.
>
> This makes me so angry. I say we take it to
> "press" ourselves. Let's start putting some
> publicity and heat on Getty.


I agree! Maybe we can get Oprah to do a story, or 60 minutes, etc. More publicity would only help our case I think!

8

Getty Images Letter Forum / Re: My lawyer said I have to pay Getty

« on: November 17, 2008, 11:58:23 AM »

Oscar Michelen Wrote:
-------------------------------------------------------
> Sure, maybe the photographer rescinded the
> license. It also helps your case to establish that
> Allposters had the image for $79.00 at one time.
> Check the latest posts to learn about a class
> action lawsuit brought by photographers against
> Getty because Getty was licensing their images for
> $2.00 per image!


I think its strange that both Getty and Allposters.com suddenly stopped offering this image.  Allposters had the image watermarked, but Getty did not have it watermarked.

9

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 17, 2008, 09:14:54 AM »

Oscar Michelen Wrote:
-------------------------------------------------------
> It will be tough to prove a class action against
> Getty for a RICO type case but a few people are
> looking into the possibilities. Will keep you
> posted


Forgetting Rico, can't we start a class action lawsuit against Getty for harassment and unfair business practices? Their letters are harassing and the letters/calls from NCS are harassing too.

10

Getty Images Letter Forum / Re: My lawyer said I have to pay Getty

« on: November 12, 2008, 10:03:44 AM »

dorim Wrote:
-------------------------------------------------------
> Thank you for your reply.
>
> I have not heard from Getty's collection agency
> since May so perhaps they have given up on me. I
> searched the net for the title of the image Getty
> wants $1,000 for and the same exact image is being
> offered on allposters.com for $79.  Getty sells
> the image for $1,000 on their site. Such a huge
> price difference.


UPDATE: I checked Getty's website and they are no longer offering the image they claim I stole, Allposters.com which had the same image for $79 isn't offering anymore either, but they did leave the title up with a note saying the image is no longer available? I'm thinking this helps my case............

11

Getty Images Letter Forum / Re: A Taste of their own medicine ? Getty Images get sued by photographers

« on: November 11, 2008, 04:14:32 PM »

Now all the people who have been harassed by Getty and NCS Recovery should file a class action lawsuit for unfair business practices, if that's the correct term to describe what Getty is doing.

12

Getty Images Letter Forum / Re: My lawyer said I have to pay Getty

« on: November 03, 2008, 07:42:24 PM »

Thank you for your reply.

I have not heard from Getty's collection agency since May so perhaps they have given up on me. I searched the net for the title of the image Getty wants $1,000 for and the same exact image is being offered on allposters.com for $79.  Getty sells the image for $1,000 on their site. Such a huge price difference.

13

Getty Images Letter Forum / Re: Is this sound legal advice?

« on: November 01, 2008, 10:19:38 PM »

scoopsdad Wrote:
-------------------------------------------------------

>
> Our lawyers advised me to: 1) not pay them a cent,
> 2) ignore their communication and don't
> participate in it whatsoever, and 3) to file a
> complaint with the attorney general.
>

My lawyer gave me the opposite advice; he told me not to ignore the collection agency's demand letters and he told me I am responsible for the image on my website albeit I had nothing to do with creating the website or stealing the image. He said he could write to Getty and ask for a lower settlement dollar amount. I said no thank you.

14

Getty Images Letter Forum / Re: Letter scheme

« on: November 01, 2008, 06:07:15 PM »

djsek Wrote:
-------------------------------------------------------

> If getty filed 100 of these at once how would you
> defend?


I think a class action lawsuit would be the way to go.

15

Getty Images Letter Forum / My lawyer said I have to pay Getty

« on: November 01, 2008, 12:24:27 PM »

Somebody made me a website for my business about three years ago and used several pictures on it. Apparently one belongs to Getty Images. Getty started to write to me about two year ago and I ignored all their snail mail letters, then they got a collection agency in Florida after me; I ignored all those emails too and finally after one particularly threatening email I replied that I did not make the website and had no idea the image was "stolen". Their reply was it does not matter whether I knew the image was stolen or not and I am responsible for paying the $1,000 to Getty.
I looked online and found a lawyer who specializes in copyright law and I phoned him. His advice to me was I do have to pay Getty, I am responsible for the image whether I knew it or not and he said Getty is not required to send me a cease and desist letter. He offered, for $200, to write Getty a letter to see if they will settle for less.
I said no and never contacted this lawyer again. The person who made me the website is long gone so I can't contact him to ask about the image, not that it would help at this point in time.
Needless to say I am disappointed in this lawyer's advice. Another lawyer I met online gave me the exact opposite advice and told me to ignore them and it will end. Who is right? Is there a clearly defined right or wrong way to deal with Getty's hostile tactics?