Messages

1

Getty Images Letter Forum / Re: "Free and Public Domain Photo & Image Providers" by Jerry Witt of Motion City

« on: December 16, 2017, 04:11:38 PM »

Any thoughts on:

https://www.pexels.com/
https://www.canva.com/

We are in the process of contracting with a company to help manage our online material and they said they would use images from those 2 sites.  I don't want to run into any infringement issues if they inadvertently use an image that is copyrighted.

2

Getty Images Letter Forum / Re: Recieved Letter from getty

« on: March 25, 2013, 11:43:39 AM »

Also, should you include an offer in your response remember to make that offer contingent on them supplying proof of registration, etc.

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Getty Images Letter Forum / Re: LEGAL DEFENSE FUND - Goal this month $5000

« on: March 12, 2013, 12:55:13 AM »

Even though my copyright extortion case is a thing of the past, I still keep up with the forums to see what's happening.  With regards to past events, I was also floored to hear how things went.  There is too much crap and injustice going on these days to stand idly by.  Contributing a few dollars is easy, what ELI and its team members, especially Matthew have to deal with, is the hard part.  I sent in a testimonial letter before, but now I have also decided to contributed as well and hope that others will do so to help Matthew and ELI do what is RIGHT.

4

Getty Images Letter Forum / Re: How many have been sued for use of one pic?

« on: October 20, 2012, 12:22:20 PM »

Keep in mind also that the one for copyright infringement was for a large number of pictures (over 20 I believe), and the other one was actually for trademark infringement.

Getty hasn't sued anybody in Canada in years.  I don't see that changing.

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-529-08

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-2264-07

S.G.

5

Getty Images Letter Forum / Re: An Experiment Against Getty

« on: July 30, 2012, 01:32:01 AM »

If cases were to go to legal proceedings, are represented photographer would have a registration prior to filing."

But would that really matter anyway because aren't they supposed to have it registered prior to their first contact with you regarding an infringement, rather than simply registering before filing and after detecting the infringement and contacting the individual?

6

Getty Images Letter Forum / Re: United States Telephone Recording Laws

« on: June 20, 2012, 11:18:49 AM »

I've seen this written a few times that postal mail is preferred over email.  Not sure why this is - is it because emails may sometimes get spammed or are emails still admissible when it comes to court?  Thus far I've used a combination of email and letter when corresponding to Getty as they have also done the same.

7

Hawaiian Letters & Lawsuits Forum / Re: Hawaiin Artwork, LLC Files Lawsuit!

« on: December 12, 2011, 12:12:21 AM »

FYI, checked the Canadian Copyright online database and couldn't find anything registered under Tylor or Hawaii.  Did however find them in the US online database.  Of course, this was only a quick search and nothing extensive.  Wonder if the same rules apply in Canada (eg. if not registered, cannot sue for statutory damages / legal fees)?

8

Getty Images Letter Forum / Re: New Settlement Demand Letter by Attorney Peter T. Holt of Roseville, CA

« on: November 04, 2011, 12:31:18 AM »

There was a woman who posted here a little ways back describing a similar situation.
She stated that the photographer admitted that he was purposely seeding his images onto wallpaper sites and then extorting money.
She also said that he stated that he made a good living at it.

I wouldn't be surprised if this was indeed a significant part of the business model for many of the Getty & co clones after reading the PicScout pamphlet someone posted awhile back which stated that companies like Hawaii now derive 50% of their revenue from 'recovered revenue'.  Sure, what they are doing may ultimately be legal but morally I think it's pathetic especially since I would think most alleged infringers do not do it knowingly.

I've heard the argument that essentially says, for example, if a car door (eg. GI) was unlocked it doesn't mean you have the right to go inside and take something or steal the car.  True, but if that really did happen you (GI) would have a hard time making a claim with the insurance companies around here as they would deem you partially responsible and not give you (GI) a $0.01.

They (GI) also need to take responsibility and protect their assets.  The more I hear about others being extorted just peeves me off even more about how these companies do 'business'.  That is not a 'business', I run a business and know how to make a positive impact in society, what they are doing is indeed a scam / extortion.  Gives me even more resolve to continue fighting them.  Sorry for the rant!

9

Getty Images Letter Forum / Re: URGENT!! White House petition to stop abuse of the DMCA and Getty type penalties

« on: October 22, 2011, 01:53:00 AM »

I'm guessing it's because people are reluctant to reveal their identities in fear that it will impact their own cases?

10

Getty Images Letter Forum / Re: Got hit by the letter as well!

« on: October 22, 2011, 12:12:22 AM »

royalty free or rights managed, it would depend on if the image is registered with the US copyright office, this would dictate the amount of damages they could pursue. If it's not registered they cannot collect damages, and the judge would decide what the fair market value would be

Just to clarify, 'rights managed' does not automatically indicate that it is registered, correct?  Both 'royalty free' and 'rights managed' pictures can either be registered or not?

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Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: October 18, 2011, 12:05:45 AM »

I c, thanks for the clarification buddhapi

12

Getty Images Letter Forum / Re: Getty sends out the lawyers?

« on: October 16, 2011, 12:01:46 AM »

Oscar,

Wondering about the $1200 offer you recommended - is that because there are 2 images involved (2x $500) plus a premium?

13

Getty Images Letter Forum / Re: Leaks show U.S. swayed Canada on copyright bill

« on: September 30, 2011, 01:17:12 AM »

Apparently, the cap for copyright lawsuits in Canada will now be $5000, though only in non-commercial cases:

http://www.ottawacitizen.com/business/Comment+will+like+copyright+laws+everyone+should+happy/5479888/story.html

http://www.vancouversun.com/business/Conservative+government+debate+revamping+Canada+copyright/5477640/story.html

14

Getty Images Letter Forum / Re: Registered images?

« on: September 21, 2011, 02:24:12 PM »

First time poster here.  I'm Canadian and I received my letter from GI this week.  When I first got the letter, like so many others, my heart skipped a beat and I felt my stomach tighten up.  After doing some research, I can say my heart is beating more normally now (albeit still a touch faster than usual!) and my stomach is loosening.

Firstly, thank you for the moderators who have put up this information.  After researching the matter and reading through the forum posts for the last 2 years, it has done 3 things:
1. Comfort in knowing that I am not the only one, that I am not being specifically targeted
2. Know that there are action steps I can take and that the first letter is not necessarily the end all and be all
3. In a way, thankful to be better educated on the matter and that it is merely 1 pic with GI as opposed to many pics with some of the more litigious outfits out there

I had one thumbnail on a secondary page that was live for 2 months and as recommended, I removed the picture in question immediately and deleted it from the server.  Checked the Wayback site and everything looks clear there.  I am currently drafting a reply to their initial letter.

My question:  As I have read throughout the forums and watched the videos, if the picture in question was not registered at the time of the alleged infraction, GI is unable to recover statutory damages.  However, what about legal fees should the case go to trial?  I understand that should the judge decide on a sum less than what GI requests, they end up paying both our legal costs.  But what if the judge does decide on the amount GI requests?  Also, can GI increase the amount they are seeking beyond the initial letter (currently at $850)?  Please keep in mind that I am writing from Canada.

Cheers!