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Messages - Greg Troy (KeepFighting)

Pages: [1] 2 3 ... 103
Getty Images Letter Forum / Re: Pixsy demand email
« on: May 29, 2018, 09:45:22 PM »
You will get more letters.. If you registered the DMCA agent after the fact, it's to late, can't remember the case at the moment, but it was ruled on in a believe the 9th Circuit.

You're absolutely right, I received my second letter.   ;D

Yes, a DMCA agent is under more obligations and just registering alone to protect themselves from the action of the user. In my particular case though, I have a lot more of the law behind me to protect me against the claims, misleading evidence, and solutions being offered by Pixsy. The evidence and unauthorized use report Pixsy filed to my site contains so many errors and false claims that I'm not even certain they know which image they're claiming is being infringed. No matter what the image in question is, every single artwork he registered under his name with the U.S. Copyright office (via several group registration) was more than a year after creation and at least 6 months after the user of this image published their the image.

Here is my question, the "solution" being offered by Pixsy is a solution that in itself offers a license in direct conflict with the original license. The two licenses aren't compatible and I doubt the license being offered by Pixsy is even legally binding. Given that much of the document is misleading and the solution likely isn't even legal, why isn't Pixsy working on behalf of their client not held liable themselves for making false accusations. Has anyone attempted to make these "resolution services" accountable for their actions?

One option you have is to start filing complaints and encourage others who feel same as you to do the same. IThey won't change overnight and you have to be in it for the long haul but if it continues it can put pressure on them to change the way they operate.

Getty Images Letter Forum / Re: another copytrack letter
« on: February 21, 2018, 06:57:08 AM »
Sounds like you have been reading and educating yourself. If it works the same in the UK as it does here in the States you can tell the debt collector that this is a claim, not a debt and to stop contacting you.  Just to be safe I would remove the image from my blog post and server if you have not done so already.

Higbee Associates Letter & Lawsuits Forum / Re: Jousting Windmills
« on: February 08, 2018, 09:06:17 PM »
Great job and welcome to the fight!  Please keep us posted on your progress.

Higbee Associates Letter & Lawsuits Forum / Re: A new twist on Higbee
« on: February 08, 2018, 09:03:55 PM »
Do you think that he does any research about a client before filing a lawsuit against them in a state different from his, where he'd start bleeding money from the time that he hired a process server?

No, these operations send out as many letters as they can and see who they can scare into sending money.  The ones who respond get more attention because they know the person/business is concerned enough to engage them.  They have standard boilerplate answers to all the same questions and statements they receive that they just copy and paste into their reply and turn up the scary language. I would just ignore them and follow Robert's advice.

Getty Images Letter Forum / Re: Can copytrack enforce legal procedures
« on: February 03, 2018, 07:15:45 AM »
Make sure you have removed the image from your blog and server then ignore them. You may receive several more letters from them but they should eventually go away.  Keep reading the forums, there is a lot of great information in here.

With places like Getty yes, it is normal to receive a letter "escalating" to the legal department.  Getty would even have the "law firm" (cough) of McCormick Law start sending out threating letters.  I don't think I've read anywhere here where Pixsy has really sued anyone over a single image.  If someone knows of a case I'm sure they will add it here.

Getty Images Letter Forum / Re: Copytrack email and letter
« on: January 06, 2018, 01:50:32 PM »
Not sure how it works in the U.K. but here we can simply tell them that this is a claim which I am disputing and not a debt.  At that point, you tell them not to call again or they will be reported to the FTC.

Getty Images Letter Forum / Re: Copytrack email and letter
« on: December 31, 2017, 03:31:48 PM »
You have to decide on whatever is best for you, that being siad, if it were me I would not respond to them or pay them.  If you want, research the image and offer fair market value and when they refuse you can ignore them from that point on knowing you made a fair offer.

Your web designer should be stepping up and handleing this for you since they used an unlicensed image.

Getty Images Letter Forum / Re: Copytrack email and letter
« on: December 30, 2017, 01:59:11 PM »
I received a email and now a letter threatening me about a picture my web designer put on my website
I have since asked my web designer to remove all images from my website which he has done
I’m now very concerned at what copytrack will do and if I have to pay
I have not responded yet and really don’t know what to do
I’m based in the uk and see copytrack is German

Welcome to the forums Leicestercity.  We have seen several people rececently who have received letters from Copytrack.  You can read some of it here:

From what I have seen they appear to be much like Getty Images in they send a lot of letters  and try to frighten people into paying but don't actually sue people.  I would recommed  reading and educationg yourself, there is a lot of good information here.  I am not as fimiliar with UK law as I am with the copyright law in the US but if the image(s) have been removed I don't think you have a lot to worry about. 

Have you asked your web designer if he had a liscense for the image and if so can he provide you with a copy of it?

I agree with you Matthew.  Higbee needs a forum of it's own, there are too many letters showing up from his law firm to crowd other forums.

Getty Images Letter Forum / Re: letter from getty images
« on: December 20, 2017, 11:39:36 PM »
On my store website, I have a new product for sale. I got a stock photo from the factory for this item. The background of the stock photo is apparently a getty images photo. I got a letter from them demanding $700ish for the use of the photo. I explained that I had gotten the photo from the factory for use as a stock photo and was under the impression they had obtained all rights and sent them a link to the place where I got the item/photo. Of course, I immediately deleted the photo. I have since received several more letters demanding $700. I explained again that I thought the factory had all rights for use. I would never have used this stock photo otherwise. I told them that comparable photos are about $25 each....and even offered $100 for their trouble. Not even close. They are now telling me they are sending this to their "legal team".

wholelottanope, Welcome to the forum. The first thing that I would do is cease all communication with Getty. I would also reach out to the company you obtain the image from, explain your situation and asked them for a copy of the license you can send to Getty as proof.

Do not let Getty's tactics of saying they are sending this to their legal team cause you unnecessary stress. The odds of Getty suing you over a single image are extremely low. Getty's letters are designed to panic you into thinking they are about to file lawsuit and get you to send the money to avoid it. You have responded to them so they will continue to send you letters for a while making threats and demanding payment.

I would start reading the forum in educating yourself. You generally have three options. Option one is to ignore them, break contact and have no further communication with them. Option two is to continue engage and/or fight them. You can send them a letter stating you have made what you consider to be a fair offer which they refused and if they continue to contact you you will file a complaint with the Washington State Attorney General's office. Option three is to just pay them to make them go away. I am not in favor of option three.

You need to decide what is the right action for you and your situation. Read the forums, educate yourself and ask questions. There is a huge amount of information in the forums and many of the members have a great deal of knowledge about the situations as well. Don't let it stress you too much as your situation is not as bad as Getty makes it sound.

Robert's advice is sound based on past experiences.  Make sure you have removed the image and any others you do not own or have a license for from your site and server.

The letters are designed to scare you and make you feel the way you are feeling, read and get educated, you will feel better.

Higbee Associates Letter & Lawsuits Forum / Re: Higbee followup
« on: December 02, 2017, 08:35:47 PM »
I agree with Robert's  plan and order in which to do it.

Robert is correct, royalty free does not mean free.  When you say you "remember getting the image from a royalty-free website" do you mean you purchased it there?  If so you should be able to go back to the site and get a copy of your purchase to provide proof and there is no need to try and negotiate Getty down. 

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