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Messages - holysmokes

Pages: [1]
1
Getty Images Letter Forum / Re: Got my letter today... UPDATE
« on: May 31, 2012, 03:37:05 PM »
I'll be asking for documents and why the price increase in his letter.

Also, not sure if I want to press his buttons just yet. I will wait for a reply, if he still fails to supply the documents, I will then file a report with the WA State AG.

If all else fails, and he STILL continues to persist, I will proceed with Oscar as this has taken up too much time from my business.

Mcfilms, was your McCormack letter asking for a higher price than Getty's original demand letter? Mine was under the 1k range, now he's asking for $500 more. What could it a be, a penalty fee?

Wouldn't they need to state that, just like the DMV or a similar entity, after an extended amount they clearly state the actual penalty amount for late payments?

2
Getty Images Letter Forum / Re: Got my letter today... UPDATE
« on: May 30, 2012, 06:06:24 PM »
What's more interesting.

I just finished reading this demand letter by McCormack.
http://www.scribd.com/doc/83405769/Attorney-Timothy-B-McCormack-Settlement-Demand-Letter

^That letter was sent Federal Express and is almost over 4 pages.

My "escalation" letter was mailed regular post mail and only one page, double sided. The front page reminding me I infringed on an image (no copy of image, just vaguely stating, "remember that image? Yea, that one!"). The back side, a payment form. :o

Any who, I'll be writing my reply letter and will provide you all with any updates.

3
Got an update for you all.

Today I received a letter from McCormack via regular post office.

It's the same case, except it says now that:

McCormack has been retained as legal counsel to pursue copyright infringement claims against your company.

It sounds just like the Getty letter, explaining to remove images(s) (as if they haven't been removed already with Getty's first letter!!! >:()... you know, your basic cookie-cutter letter.

EXCEPT, now they're demanding $550 more than what Getty wanted. I'm guessing his commission?

It says I have a 21 day window period to pay.

Has anyone received a letter from Getty, then a follow up by McCormack a few months later when you don't budge?

Are they trying to instill fear by stating they've been retained as legal counsel, as if to say, we're ready to sue if you don't pay with this last chance?

I'm getting ready to reply, stating I am still waiting for Getty to provide the information I have been waiting on (proof of registration, etc), but curious to hear of similar "escalation" type letters.


4
I received this string of code in my analytic data the same day they responded to my written letter. Gettys response was in email format.

This particular email was short, unlike their other emails which range in 5-8 paragraphs (cookie cutter emails).

I mailed them a letter asking for proof of copyright registration, signed paper work of artist transferring copyright paper work to Getty. Photographer information so that I may contact them to apologize. Exact day of infringement and how they calculated their damages. Also, pointing out that they are aware I innocently acquired 'their' image, enforcing without really saying that I know I'll only have to pay $200 if this does go to court.

This new email was no more than 2 paragraphs, stating if the matter were to go to court then the information requested will be presented. Maybe a one last effort to scare me? But I know this is common for them to answer in that form when asking for info like that.

In their previous emails, they still finish off with saying they are still seeking $xxx damages and that I pay promptly within 2 weeks. This one, had nothing of that nature.

They simply told me the exact day of infringement and explained how they are estimating damages.

Any who, here is what's more interesting.

https://stock.picscout.com/monitoring/getty/login.aspx

I hope they logged in that day to remove my name and said, "the hell with this guy, he keeps mailing back forms when we email him and isn't budging." I know that's a bit farfetched, but this is the only time I have seen this code on the days they respond. I track activity everyday, especially on days I receive communication from Getty just to see what 'tracking code' comes their way, and this was a new one. Hell, they could have logged in to escalate for all I know lol.

Anyone else see this referral traffic from Getty?

5
You know whats ridiculous, people are being attacked by Getty Images for innocently displaying a photograph (aesthetically), but Getty Images knew they were purchasing an archive of images from a person who has a history of acquiring stolen work. Getty bought the archives and put them up for sale (re-distribution, for profit).

 :o :o :o


6
I will reply asking for all documentation pertaining to the images rights and their 'business formula' used to assess penalty fees. They don't even break anything down, they just demand a lump sum off the top of their head.

Has anyone found anything about the photographers? I tried really hard to find them so I can write them a personal letter of apology. I would also love to find out if they are away of the situation and if they receive compensation from these 'extractions.'

7
Well,
Their original settlement letter was mailed to me via postage. I replied back by mailing them a letter.

The reply to my letter was via email.

I have marked it as spam, not sure if its the same as blocking so that they get an undeliverable reply.

I respectfully asked for a hand-written reply in my original reply letter since I took the time to write one myself. Seems they aren't taking it serious, they basically went to my website and went to the contact page! :-[

I find it really disrespectful because the email on the contact page was sent to everyone in charge of reading them (its a customer support email). That's ridiculous!


8
Just received an email from Nancy @ Getty Images.

Second letter (email) is still demanding the fee, and says If I am unwilling to settle they reserve the right to pursue copyright infringement damages in court, which will included a much more substantial amount.

I have about 2 weeks from today to settle.

I will be sending my second letter sometime in the mail this week after finals...



9
Yup,
looks like someone is emailing someone else about my site:

----

Here is what I found:

Gettywan.net is a domain controlled by three domain name servers at gettyimages.com. Two of them are on the same IP network. The primary name server is dns01.gettyimages.com. Incoming mail for gettywan.net is handled by one mail server also at gettyimages.com. We are missing the IP:s of one server: gettymail.gettyimages.com. gettywan.net has one IP number (216.169.248.35) , but no corresponding reverse pointer.

Getty1.net point to the same IP and also shares both name servers and mail servers. Imagebank.com, redferns.com, gettyimageslabs.net, energyfilm.net, fpgdirect.com and at least 27 other hosts point to the same IP and also shares name servers. Getteyone.com, getty.nl, michaelochsarchives.com, getty1.org, gettyimages.hu and at least one other host point to the same IP and also shares mail servers. Gettyimages.se, rights-ready.net, gettyimages.my, getyone.com, photodisk.ch and at least 124 other hosts point to the same IP. Picturequest.com, phototoday.com, blish.com, photobjects.net, fabulous-footage.com and at least 200 other hosts share name servers with this domain. Aerialfilm.com, farmstock.com, powerfootage.com, commercestock.com, thebestphotography.com and at least 200 other hosts share name servers under another name with this domain. Reportagebygettyimages.com, viewimages.com and gettyimages.com.au share mail servers with this domain.

----

Looks like my response letter may be in the works :o

10
I was looking in my google analytics and found this:

gettyunauth.application.gettywan.com / referral

1 visit so far, with no duration of time on my site.

I responded professionally to their first letter almost 3 weeks ago and have yet to hear anything on their end (mail, phone call, or spying wise) until today.

I wonder if this is an automated bot or someone 'human' from Getty going to my site.

ps...

Whats even more odd -- a referral only counts when someone clicks on 'my domain link' from a different website. How would I get a referral visitor from Getty if my site is no where posted on theirs?

Could it be two employees emailing each other with my url in it?

If you copy paste gettywan.com into the search bar it redirects to gettyimages.com


11
 A couple more zeros never hurts  ;)

Congrats Robert!

12
Getty Images Letter Forum / Re: Got my letter today... read my screen name!
« on: November 17, 2011, 12:05:32 AM »
Yea, works fine now.

I guess its off and on. Sorry, I deleted my previous post after I realized it finally worked.

13
Getty Images Letter Forum / Re: Got my letter today... read my screen name!
« on: November 16, 2011, 11:53:36 PM »
Like many large forums that provide internet information, its going to be a hit and miss. The forum was a great form of networking and finding young minds alike when I first started off on the internet.

Now that I can basically do 'most' things online myself, I use it for research. It used to be a great source for start-ups years ago. As you can see, its failing me right now :(


14
Getty Images Letter Forum / Re: Got my letter today... read my screen name!
« on: November 16, 2011, 11:07:46 PM »
Hello Matthew,

Our designer was USA located, we never hire outside of USA (in hopes they use better ethics) and for grammatical purposes during communication. I've developed relationships (imagine you and Oscar) with many developers and designers during their college days or home-start ups – some now, run their own business. This particular designer was from 2 years ago. I guess this wasn't the case even hiring a US based designer.

15
Getty Images Letter Forum / Got my letter today... UPDATE
« on: November 13, 2011, 05:16:07 AM »
Hello everyone,
First off, I would like to thank everyone who has contributed to this forum, especially its creators and main supporters. It is great to know that there are still good-hearted individuals that take the time out of their busy schedules to create such a 'movement'. Its inspirational to say the least.

My story.... I'm a college guy who started an eCommerce site, the site is first-off very informative. I type articles in my niche so that customers see we are more than just another 'online-store'.

Almost two years ago, I got a blog template for WordPress (wordpress powers my article directory) from a popular internet marketing forum (won't say the name) in a special section only paying members are allowed to access (the creators of the template were an design company no longer around). In it, well, was my template, images, psd files etc.

For those who are not familiar with WordPress, its a free software platform driven by a community of millions who contribute – similar to SMF which is what powers this forum and the free theme provided by the infamous 'Crip' designer who has over millions in downloads for his popular templates.

Gradually, as I became better at web developing I ended up trashing the template – but a specific article was never edited, hence the dang image was still there. All my articles are educational, they don't have links pointing to product nor do they have anything to do with product. They are simply educational.

I was using that 'lucky-image' for an article not even accessible on the eCommerce site which launched in March 2011.

Here I am today, trying to figure out how I am going to even scrape change to hire Oscar, but I am. Finals are almost here, my site isn't the most successful, but most people think my site is run by a multi-million dollar company just because of the site design which scares me a bit now...

The irony in this is gut-wrenching on a professional standpoint because I am a photographer and did all the work myself since I'm broke.

For people hit with a claim form 3-4 years ago, did it go away? Is it a done deal? The phrase 'its rare' that Getty will take you to court seems to be thrown around, basically implicating that they've been successful at some rate even in court?

Sorry for the rambling, as I am sure you all understand, this takes a bit to chew, but I'm chewing away.

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