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1

Hello @aimiyo, was your post directed at me or someone else?

Well one thing caught my eye in this thread---you were thinking of handling it pro se (by yourself).

If this is directed at me, I think you're referring to me suggesting I might write my own letters, I never meant that I might try to represent myself in court.


Take it from a lesson I learned which was I cant defend my own company by law.

Thanks for pointing that out -- I only became aware of that while researching this issue.


I get the feeling that you do not have the ability to go up against professionals whose main goal is to win at any cost. So hire yourself a lawyer, pay Mathew to guide you or Hire Oscar. The  main thing is do something.

I am sure you are a nice normal person but, this issue is a tough one few can handle alone. The fact is most lawyers who are not IP attorneys do not know the field so do not expect you will know what to do on your own.

Again, is this directed at me or someone else?

2
It is an old story & everyone on ELI have been there in a positive way...

I realized that what I wrote could be misinterpreted.  What I meant is the response here in this post, not here on this forum in general.

3
@buddhapi, thanks for your reply.

It seems like you didn't really want to share that story, so I won't say "thanks" in case that would seem patronizing, but I certainly found it interesting.


Will they sue YOU, nobody can tell you this, will they contact oscar more than once NO ONE KNOWS!

I totally understand that no one can predict what will happen in any given case, that's why I was wondering about how past cases have played out.  I think your story may be the only one that I've seen that describes the sequence of events and what ultimately ended up happening in the long run as a result of using the DLP.


End of story..I'm done, good luck.

Thanks.

4
@SoylentGreen, thanks for your reply.

No matter which lawyer one may retain, he/she will NEVER guarantee anything.

I completely understand that, I was only asking what's likely / possible / plausible / common / etc.


Retaining a lawyer such as Oscar means that the harassment ends, and the likelihood of anything else ever happening is tiny (unless you have a very large issue at hand).

This is similar to what others have posted, and as I've said before, that sounds good, and I'll refrain from rehashing the rest of my earlier responses.

5
Sorry to hear about your ordeal, EVNL.  I can't believe how patronizing and indifferent the response here was.

6
@Matthew, thanks for your reply.

I am not trying to be insulting here but you are really being a bit dense about this. I actually know a good amount of the end results but I am not going to discuss them publicly. Oscar cannot discuss them publicly because of the position he is in.

Ok.


I am telling you the DLP is "effective" using your words.

Alright, well, considering how you feel about the copyright troll issue, that's something.  By the way, I applaud you for running this site, which I know takes a lot of work and is a labor of love.


Do yourself a favor and try to read between the lines that hundreds of other clients seem to understand with little problems. Have you thought about why you are having such a difficult time with this and others do not?

I know what you mean, but I wouldn't necessarily say I'm having a difficult time with it.  I understand that there may be information that it's unwise to publish, but by the same token, I posted because I was wondering if there's some more specific information that can be provided beyond the limited information there is currently.  I think this thread would have arrived at this conclusion more directly if it just boiled down to: these questions can't be answered because it would compromise the effectiveness of the program.  But there were posts saying other things, and a lot of my posts were re-iterating what my original questions were and trying to figure out what people really know and what is only guessed about.  I know everyone is posting to be helpful, and I appreciate that.  Sometimes posts raise new questions or underscore the original ones without answering them, generating more discussion and leading to me trying to pinpoint for people what I'm asking about.

I would guess that a lot of the other clients don't ask these questions for reasons other than reading between the lines.  Perhaps some have the same questions and choose to read between the lines rather than ask them.

7

@Matthew, thanks for your reply.

There is no way your questions are going to get answered to the specificity you want on a public forum. If you want to pay for an ELI Phone Support Call, I can explain your options and describe the details of the DLP in a way I cannot on a public forum.

Ok, fair enough.  Thank you.


For some reason, you are dead-set on trying to twist and reframe what people are telling you.

I have to respectfully disagree that I'm trying to twist what anyone is saying.  I've quoted people to respond to things they've said and to try to get clarity on what they're saying, especially when I can't tell if they're guessing about things or if I think they didn't understand what I was asking originally.


You are drawing some strange conclusions.

Do you mind elaborating on that?  I'm just wondering what you're referring to.


It has already been commented that you are making this way more complicated than it has to be.

I'm just trying to get some solid information about how a serious and stressful legal and financial attack can be resolved.  To me it seems more complicated to be in the dark about what to expect, but I realize that a lot of people just kind of like to go with the flow and not ask too many questions.


Your other option is to hire your own lawyer at the traditional hourly rate and then you can delve into it as deeply as you want it.

Yes, I understand.


Aside from having you pay for an ELI Support Call, there is probably not much more any of us can say about it.

Ok.  I'll consider the call or just using the DLP and hoping for the best.


No one is going to push you into the program over a measly $195. You can take your time and think about it or just represent yourself.  Many people represent themselves successfully. You just have to dig in and do some homework.

I wouldn't want anyone to push me into it, I just wanted to get a better sense of how much more effective it would be than representing myself.  Based on the reading I've already done here, I think I have a pretty good handle on the recommendations for responding yourself.

8
@buddhapi, thanks for your replies.

Matthew, I've seen your posts and I'm only posting this to reply to buddhapi and explain my reasoning about things that were commented on.  I realize some of this is moot based on your recent posts.

you're really over complicating this IMHO

apparantly you are wanting much more...

I've only been trying to find out what can realistically be expected.  I don't know what could make it seem like I want more than what's offered, because I'm only trying to understand what is offered and what the likelihood is that it will be enough to resolve the matter.  I don't think it's unreasonable to want to know how common it is for the situation to be resolved by 1 or 2 response letters, and what happens after that (in general terms) if it's not.  I'm just explaining my thought process -- I get the message that it won't be discussed publicly.


1. Hire Oscar to draft your letter and chances are good the issue will go away.

That sounds good, but go away temporarily or permanently?  That's the kind of results information I'm curious about, but I don't know if you're just speculating or if you actually have a way of knowing that it works out that way.  Anyway, it seems that it's considered unwise to discuss it publicly when it is known.


this is a SIMPLE letter program, designed to get Getty off your back and give you peace of mind

It would give me peace of mind if it would resolve the situation, but I'm wondering if in some cases it just delays the harassment.


If the program did not work, do you think we would even be here offering it?

Well, as Matthew stated earlier...

5.  The goal is to help the client achieve what he/she wants. If differs from client to client.

So different people have different ideas of what it means for it to work.  I don't know what outcomes people have achieved and considered satisfactory or succesful.

9

@mcfilms, thanks for your reply.

Also worth noting that in the couple of years I have been here, I have never, ever heard anyone complain about what they got for there $195....But I've never heard a peep from someone disappointed with the outcome of the defense letter.

Yes, that's good, as far as it goes.


Oscar and Matt point time and time to the information on this site. Everyone has it within their power to craft a letter based on what is on here. That's what I did. But you assume the risks and you have to consider what happens if you say the wrong thing.

Yes, I understand that.  I'm interested in the DLP, but I am curious about its effectiveness.


I'd hazard a guess that once they get a letter from his office, a fair percentage slink back into the shadows.

That's what I'd hope, but does anyone actually know?  It seems like there's only speculation and no one knows actual results or can say what happens after the 2 response letters.

10
@bruceh7463, thanks for your reply.

For $200 the BS from Getty stops.  No more contact.  After a while you will hear from Oscar and then you can decide what to do. Worth every penny.

Unfortunately, that doesn't provide any additional information.


After a while you will hear from Oscar and then you can decide what to do.

That's very vague.  Decide from what kind of choices, and based on what?

11

@lucia, thanks for your reply.


So, appropriate goals by a lawyer would be different in the two cases and you question cannot be answered by stating 1 sole goal.

Understood and agreed, that's why I referred to a range of possible results.


In case 2, the letter recipient has done nothing, and the goal should be to shield the letter recipient from communicating with Getty and ultimately prevent them from filing a suit within the 3 year window. (Getty would be nuts to file a suit in case 2-- so the main goal is to spare the letter recipient from writing their own letters, fielding calls etc.)

That sounds good, but I'm wondering if Getty keeps after it for 3 years and if so how it's handled after the 2 response letters.


3 years is a statute of limitations for civil copyright claims.  If they haven't sued you within 3 years of first discovering the issue, they are barred from trying to sue (or collect).

Understood.  What I'm wondering is what activity would be happening between the time the 2nd response letter is sent and the 3 year period runs out.


If you write a response yourself, Getty always responds. I have no doubt that if Oscar writes they a) are less likely to respond but they b)sometimes responds.  If Oscar's program charged for the 2nd letter, I suspect Getty would tend to respond to the first letter.  But as it stands, they know that an attorney has been hired, and so know that they'd better send a higher quality letter than they would to someone writing their own letter. ( After all, when they respond to me, I don't know enough to spot anything that might be used against them in court should this ever proceed. But Oscar would know.)

That sounds good, but this seems to imply that they give up after the 2nd letter, but who really knows?  That's the kind of thing I wish I knew.


As I don't work for him, providing me the information to let me do this  would likely violate the ethics of his field.

I don't know what the rules / ethics surrounding that are.  If it's the case that non-personally-identifiable information can be shared, especially in aggregate, that wouldn't surprise me, but again, I don't know.


That depends on the specific of your case, the value of your time and your own personality. I am dealing with my case myself because I didn't commit an infraction at all and I am comfortable writing my own letters and dealing with the responses from Getty. (I actually enjoyed writing the most recent one! And posting their response!)  But some people here (ENVL for example) found letters very distressing, and having Oscar deal with it gave great peace of mind.

ENVL would have benefited greatly from finding Oscar initially and having him write the letter. This is partly a personality issue. Me? My personality is different and my situation is different.

What you said makes sense.  I guess what I was really asking is if there's any big legal advantage to having the DLP be the first response, assuming that if you wrote your own letters first you wouldn't say anything that would directly weaken your position (like admitting guilt or lying or something).


In my opinion: if your case is complicated and you are-- to some extent-- guilty of any sort of violation that could result in an award that is several multiples of the letter writing fee, then you probably should get a lawyer who specializes in copyright.

That makes sense, but they approach everyone as if they're liable for an amount that is at least several multiples of the letter writing fee.  My impression is that there's a consensus that this is often highly unrealistic and unreasonable and would not actually be awarded in court, even if the alleged infringement actually ocurred.


You also want someone who how to present your case to a judge in a light that is most favorable to you and so on.

Well, if they actually sue, that's a whole different ballgame.  The idea is to try not to get sued, right?


So, if your case looks bad-- e.g. multiple infractions, posted on a business site, there is a good chance Getty will want to go to court.

A fair amount of the complaints seem to involve business sites, but the information I've seen is that no one knows of a suit involving less than 20 images.  Do you mean that if there are multiple infractions and it's posted on a business site, there's a good chance they'll sue?


Would you incur legal costs beyond $195 to write the letters in this case? Of  course. That would happen because your case would be one that appears to be potentially much more costly.

That makes sense, but is speculative.  Do you have any way of knowing how any of the DLP cases (even simple / minimal ones) are resolved and what the expenses end up being?  I completely understand that the situations vary and some are more troublesome than others.  That's why it would be interesting to see statistics, but I realized that probably was not going to be possible.


In this case, quite likely, the letter writing program would benefit you. But only you can judge for sure.

Right, but judge based on what?  Even if I have a simple / flaky complaint, there's not much info about what to expect from the DLP ultimately.

12
@bernicem77, thanks for your reply.

After spending a couple of hours reading many of the posts on this forum I hired Oscar. Let me tell you, a weight was immediately lifted off my shoulders.

I can see how you'd feel that way, because they'll stop contacting you.  But for how long?  I don't know if you want to comment on how long ago you hired attorney Michelen or if / how your situation has been resolved.  I'm wondering how it plays out in the long run.

You can always hire a local lawyer, but what are the chances that their credentials will match Oscars?

I'm not trying to compare attorney Michelen's service to hiring a different lawyer, I'm just interested in what the results of using the DLP are.

13

Thanks for your reply, Matthew.

If you need that much information to spend $195 for the legal service, then I say keep your money and start hitting the ELI resources and online forums and do lots of homework as I did.

A big part of what makes this so coercive is that they apparently often choose to demand amounts in a "sweet spot" that is exorbitant, yet would quickly be burned through getting legal advice / representation (even letters written), and that is considerably less than the cost of defending a lawsuit, which would be prohibitive for many targets of the campaign.  The demand amounts can be a very significant, perhaps even unbearable, financial burden for the targets. 

For a target for whom the cost of the letter program is something like 15-25% of the demand amount, and especially when the demand amount represents a considerable financial burden for the target, I think it's pretty significant whether using the letter program may result in a greater total financial burden if the target will be forced to settle anyway, or if additional fees will be required to achieve a desirable outcome.  That's why I'm so interested in whether the goal of the program is to settle, or if it's not, what happens after the 2 letters have been sent.

As for the amount of information I've asked for, I understand that you have good reasons for not providing it all, but at this point I have only a very vague idea of what to expect from the letter program and therefore it's hard to tell if it makes financial sense.  I know that it will cover sending a couple of letters and prevent Getty from contacting the client, but I don't know if that's temporary and what happens then (e.g. do they realize the "case" is a loser and go away?, are you forced to settle?, do you begin incurring additional cost to have attorney Michelen continue representing you?, does attorney Michelen discontinue representing you and you're back to square one on your own?, etc.)


1. You get legal representation for a very reasonable price from a lawyer that is well-known in his niche. However, there are limits to how that representation will go.

Yes, that's part of what I'm wondering, how far the representation will go.  Even in the "simpler" (e.g. 1 image) cases, if Getty is willing to harass the target for 3 years I wonder if they would just do the same to attorney Michelen and if that requires more response than 2 letters, or if they realize the "case" is a loser because the target will not be easy to coerce and quit the harassment sooner.


2. Oscar is very good at what he does but you aren't going to get a lot of phone time. That is not what the DLP it was designed for.

Understood.  I'm really more concerned with what results / costs to expect.


5.  The goal is to help the client achieve what he/she wants. If differs from client to client.

I'm sure it does, but I imagine the goal of many is to avoid, to the greatest possible degree, being extorted and rewarding this behavior, and I wonder how they make out with that.


6. We do not hard-sell the program or engage in fear-mongering. It is a soft-sell resource and not mandatory. It is made available for those who want to take advantage of it. WE don't try to "convince" people. Our track record and reputations speak for itself.

I don't question anyone's reputation or personal track record, I'm just curious about the track record of the defense letter program.  I appreciate that you don't hard-sell the program, I'm just not sure how informed of a decision can be made with the limited information available about what to expect from the program.  Maybe the program is very effective and that level of secrecy is necessary to accomplish that -- I don't know.


7. There have been almost no complaints about it out of the hundreds of clients Oscar has represented. That says a lot. If someone wanted to trash us, the DLP, or Oscar Michelen, it could be easily found on Google.

Yes, that's certainly a good thing.  And there's nothing restraining those people from speaking their mind, like confidentiality agreements or anything?


(The few complaints have related to when Oscar was handling all the administrative and clerical aspects and he got backed up while being in court. But part of this occurred also because of people keep trying to get free time from him by clogging up his email account. These issues has since been corrected. I work with his Office Manager on this. She takes care of many of the clerical aspects which allows Oscar to focus on the case, client, and representation as it should be.)

I've seen those kinds of issues mentioned, and it's great that it's been streamlined like that.


7. I am a big believer of learning how to self-represent but most people don't have the time, inclination, or personality to do so. Hence, people appreciate that we have the DLP available at a reasonable price.

I could write my own letters, but I don't have any particular interest in doing so.  I'm certainly interested in the DLP if I'm able to conclude that there's a likelihood of achieving a desirable outcome, I'm just not sure I can tell based on the available information.


8. We are transparent for the most part. But I will tell you there are "secrets" and things that never get published or discussed publicly because the stock photo agencies, their employees, and their lawyers are reading ELI. It is stupid to reveal all our tactics, strategies, mindset, and everything we know to the public. It is our competitive edge.

Understood and agreed.


9. There is a certain amount of trust you need to have in us. I am biased, but I think the work Oscar and I do is high quality and high credibility. Our business reputations are very good. We aren't going to put out crap just to earn $195.  I don't get commissions from the letters. Oscar doesn't need his reputation tarnished on the Internet over $195 letters when he charges $400-$500/hour in New York.

I don't question your credibility or reputations or the quality of the letters, I just wonder how ultimately effective it is at achieving a desirable outcome.  I fully understand that offering this program for this fee is not about profit for attorney Michelen, and that you don't profit from it financially.

I certainly trust your motives and intentions, and I understand that there are things that you can't reveal.  It's just too bad it's not possible to know more about what the goals / results of the program are without compromising it.


10. If you are a micro-manager and need tedious updates and details, don't enroll in the program. The program works best without micro-management. You will and can ask for periodic updates but if you try to micro-manage this, it won't be good for anyone.

If a favorable outcome will be achieved, I'd prefer to waste as little time and energy as possible dealing with it.  I don't know what you'd consider micro-managing, or even what would be possible to micro-manage in this situation.  I guess I wouldn't want a settlement agreed on without me or something like that.


However, hopefully the statements I made will help clarify whether the DLP is suitable for you and anyone else that have similar questions.

Well, I'm not sure how much it clarifies it.  I had hoped it would be possible to find out some more specifics to evaluate it.  It sounds like the decision would have to be based mostly on trust, without much specifics about what to expect. 

15

Hello,

Thanks for providing this resource.  Can you please fill me in on some details of attorney Michelen's defense letter program?  I do not mean to waste anyone's time rehashing information which is already reasonably easy to find, but I have read the pages about the program and a lot of other content here, searched the forum, and watched the 5 part video series on youtube and I'm still unclear on important details about the program.  I can't find much information about what the results are.

I understand that using the program stops Getty and associates from contacting the client.  But, for how long?  It's not clear to me what the ultimate goal and expected outcome of the program are.

I'll ask these questions in a general way, not in the context of a specific Getty letter, because I think this information is important for anyone considering the letter program and it would therefore be useful to get general responses that discuss the range of possible results.

1) I realize this may vary depending on the circumstances of the case, but what are ultimate goals / expected outcomes of using the program?  For example:

   * Bargain Getty down to accepting a lower settlement amount?  How much lower (e.g. %)?
   
   * Get Getty to dismiss their claim?
   
   * Get Getty to go away (essentially give up, but without saying so)?
   
   * Exhaust the 3 year period without a suit?
   

I see that the program includes the first letter and "a second letter at no extra cost should Getty respond to the first".

2) What generally happens after the first letter is sent?  Do they generally respond?  From attorney Michelen's comments in the videos, it sounds like they respond at least some of the time.  Although, the videos I watched are now nearing 3 years old.  Perhaps things have changed since then.

3) How much, if any, of a deterrent effect do attorney Michelen's letters have?  Is it common for Getty to give up on a target once they use the defense letter program, and pursue softer targets instead?  How often / under what kind of circumstances do they give up and go away as a result of the letter program?  Never / once in a blue moon / sometimes / often?


I've seen people recommend using this service for the purpose of preventing Getty and associates from harassing the Getty letter recipient for the next 3 years.  Ok, so the program includes up to 2 letters for the fee and obliges Getty to communicate with attorney Michelen instead of the client....

4) What happens after the 2 letters?  Does Getty continue to pester attorney Michelen for the next 3 years, and if so, what happens?  How far does the $195 fee for the letter program go?  If it covers 2 letters, what happens next?  I understand that attorney Michelen is already offering this service at a steep discount to normal fees, so I'm wondering how much back and forth with Getty he would engage in for that fee, how much back and forth they may try to engage him in, and what that would mean for the client financially.  If the fee only covers 2 letters and if Getty will continue to pester attorney Michelen for the next 3 years, how much can that end up costing to have him deal with them?

I've seen a couple of posts by buddhapi, to the effect of (paraphrasing) "hire Oscar, then they will have to harass him and it will go away", but in both cases he mentions the 3 year period and I'm not clear on what happens between the initial letter from attorney Michelen and the end of the 3 years.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/2-clients-with-getty-letters/msg6349#msg6349

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/think-this-letter-will-stop-their-harassment/msg6591/#msg6591


5) Is there a big advantage to having attorney Michelen's letter be the first response, as opposed to responding yourself and later using the defense letter service?


I'm sure many would really hate to reward Getty's tactics and behavior by paying them an outrageous amount they demand, but as others have said on this forum there's a concern that you may end up worse off by incurring an additional expense (like the letter program) and ending up having to pay them anyway.  If the expected result is that you'll have to pay them anyway, will it yield enough of a reduction in their demand, beyond what you could get them to agree to yourself, to make it a net gain to pay for the letter program?

From what I've read here it sounds like Matthew Chan and Oscar Michelen favor quite a bit of transparency in these operations, and I was wondering if there are any statistics offered on the outcome of cases of defense letter clients?  E.g. how many settle / are sued / never pay Getty anything and exhaust the 3 year period / average settlement amount (as a percentage of what Getty originally demanded), etc.  I could be wrong, but I'm thinking perhaps that kind of aggregate information does not run afoul of attorney-client privilege, though it would take work to compile / maintain and publish, I know.  I don't know how much confidentiality agreements related to settlements might interfere with that.

Thanks!

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