Click Official ELI Links
Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - scraggy

Pages: [1] 2 3 ... 8
Getty/Picscout can collect. They are the experts! But , in my opinion, they cannot sue. Only the owner of the copyright or the owner of the exclusive license can sue. In this case, the artist MAY have transferred these rights to the company in Bath , England. But then again, the artists may not even have done this . The stock photo companies are subcontracting the extortion letters/ collection part of the business to Picscout/Getty.  But they cannot subcontract/ transfer the right to sue. This is not a transferable right.

Well, this is an odd story!

The letter claims that a company located in Bath, England owns the license to the image.

However, the payment is to be sent to "License Compliance Services" located at the exact same address as Getty Images corporate offices in the USA!
    605 Fifth Avenue South, Suite 400
    Seattle, WA 98104
    United States

If the UK based company ( CartoonStock ) really does own the exclusive license or the copyright to an image, then they will have to drag themselves across the Atlantic to sue. Getty Images cannot sue on their behalf.

I would say the chances of this happening are about as close to zero as you can get! I think that people in the USA can safely ignore the threats from this UK company!

Getty Images Letter Forum / Re:
« on: May 21, 2014, 11:58:02 PM »
I am shocked!
One day later - and the deal is gone!
Today , they have a new deal.

Looking for Design Inspiration?
Find It Here ->

83% Off 1 Yr of Unlimited Downloads Just $99 (Reg $588)
250,000+ Royalty-Free Graphics, Vectors & Images!

Getty Images Letter Forum /
« on: May 21, 2014, 08:45:20 AM » is advertizing on Facebook - "7 Days of FREE Downloads - Start Today!"
Click the ad, and you reach this page:

Create an Account and Start Downloading

 - and what happens after 7 days ????
Seems extremely suspicious to me!

Hawaiian Letters & Lawsuits Forum / Re: A Recent Demand Letter from VKT
« on: February 10, 2014, 09:43:23 AM »
Hold on a minute!
Let me get this straight!

Mr Taylor lives in Hawaii, and is an American citizen.
The alleged copyright violator lives in Australia, and was contacted by an Australian lawyer.

In theory, I am sure that Mr Taylor can sue in Australia, but it's going to cost him a fortune!

I presume he would have to be available for various court hearings at different stages. After all, he is a central witness.
Perhaps he would also have to attend arbitration meetings.
The cost of flights, hotels and lawyer's fees is going to be exorbitantly high!

I think the defendant could also request that he pre-pay court fees just in case Mr. Taylor loses the case. If he lived in Hawaii, the defendant would have a very hard time recovering costs.

In short, I think the financial costs and risk that Mr Taylor would take on, make it totally insane to file a lawsuit in a distant foreign land! The chances are close to zero!

In my opinion, it's just a local lawyer who is trying to make an easy Australian buck!

Getty Images Letter Forum / Re: Getty filed a lawsuit against me
« on: February 08, 2014, 11:49:19 AM »
In my opinion, this is a huge and unnecessary risk for Getty Images. If they lose in court, or even if they win a small amount, that removes the fear factor so vital for the success of their settlement demand letters.
And it's quite possible that they will lose ( see the Advernet verdict ) or receive a very low symbolic amount.

However, it's always going to be cheaper for the victim to pay up, rather than put up a defense. Lawyer's fees are higher than the cost of a settlement.

I think that the anti copyright troll lobby against Getty Images with ELI at the helm, has put a huge dent in their money making enterprise, and Getty needs a change in tactics, to increase the fear level in letter recipients.


Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 07, 2014, 02:24:30 PM »
Have you looked up the Copyright registration number of the image in your case ?

Seems to me that images may have been registered to a company other than BWP. As with RIGHTHAVEN, one cannot transfer ONLY the right to sue, and a sham transfer of rights would unlikely be valid.

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 07, 2014, 01:53:36 PM »
Ha! A known Marot Images (Getty Images) tactic - sending a DRAFT LAWSUIT together with the initial settlement demand letter. This is a very intimidating tactic!

See the above link for the 17 pages received by a certain Cary Wiedemann, from the lawyer representing BWP Media USA - Sanders Law , PLLC


Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 07, 2014, 12:03:01 PM »
Excellent article here

Is BWP Media The New Photo Copyright Infringement Troll?

It seems that BWP has filed over 50 lawsuits. Far be it for me to advise this rather aggressive copyright troll, but copyright trolls make their money by threatening lawsuits, and scaring people into settling, or coercing them to settle because it makes economic sense ( cheaper than hiring to lawyer to defend you! )

The biggest mistake a copyright troll can make is to actually get to court, risk a loss or a low valued judgement, and then lose the element of fear.

The above article concludes with the words " Hopefully BWP's copyright strategy will soon replicate Righthaven's and Prenda Law's demise."

Yes, they may soon be in good company!

Filing 50 cases creates too much noise and backlash, and judges don't like it! Here is an example of one such case where it seems that they have no chance!


Guess who represents STOCKFOOD  in the USA!!

StockFood USA has retained McCormack Intellectual Property, P.S.

A hearty welcome back from around the globe! The anti-copyright troll world is a safer place with you back at the helm!


StockFood has retained McCormack Intellectual Property, P.S. to assist them in resolving copyright infringement claims for the unlicensed display of imagery on U.S. websites.

This is Getty's well known attorney!

Please send me privately details of the photo...
Where is the photographer based?
To whom did the photographer sign over exclusive rights?


Getty Images Letter Forum / Re: Whois Information
« on: July 20, 2013, 12:34:46 AM »
But would Getty bother?
I doubt it! It's time consuming.

If you don't want to be found, make sure you don't add your contact details on the website itself !

Pages: [1] 2 3 ... 8
Official ELI Help Options
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.