Messages

1

Getty Images Letter Forum / Re: Should i settle???

« on: July 09, 2012, 02:30:50 PM »

It's certainly a personal decision but I didn't settle. I almost did in the initial phone call I made to them from receipt of their letter. My fine was only $800 and I was going to settle at $600.

Upon further reflection and inner guidance, I sent an email saying I was pressed to come up with the money (little did they know I have the money but it’s not how I choose to spend it). Told them I looked into what my rights are a little bit and have learned a few things, that I have rights in such circumstances. Also told them that I learned that "the law recognizes that some people 'innocently infringe' others copyrights (as is true in my case). If the infringer proves in court that his or her infringement was innocent, the statutory damages are often dropped."

They responded via email with a seemingly rational argument that none of my points were valid and I still was liable to pay them the fine. She wrote, "this is not going to go away." I initially fell a bit prey to this but still, per my inner guidance, I wasn’t going to cower to their fear-based strategy.

I felt it was worth taking chance to not pay, prolong the case and see if they would really do anything legally (and doubted that they would). It's been 9 months now and I never heard from them again. So, I think it's worth not succombing to their "threats" and they'll probably just let it fall away like they did with my case.

P.S. This website and forum posts helped support me a lot. THANK YOU to all who contribute!!

Patrice

2

Getty Images Letter Forum / Re: I found this rather amusing

« on: October 09, 2011, 12:38:52 PM »

Agree with the humor, buddhapi. This presents them as an organization that cares about the common good and really wants to educate people about photo copyright law. But if the general public knew and abided by the laws, GI would cut off a significant source of their income from their violation/demand letters.

3

Getty Images Letter Forum / Re: Getty ( מראות אימג ) in Israel גטי תביעה משפטית מראות אימ•

« on: October 09, 2011, 12:32:09 PM »

Thx scraggy for posting your experience and the triumphant result. Hope it wasn't too much of an unpleasant or costly ordeal for you to get to where you are now.

4

Getty Images Letter Forum / Re: Support changing the copyright laws to protect "innocent infringers."

« on: October 09, 2011, 12:02:19 PM »

FYI: This is not a clear-cut process and, I believe, this "White House" website makes it difficult. Before you can sign the petition, you have to register. Fine and normal. After 5 days of waiting for a confirmation email to register, never got, so went through registration again. Did immediately get confirm email. Great!! Went through required link to website and created an account. Was all logged in. Then couldn't find the petition for "innocent infringers" upon searching White House website for it. Went back to this thread, followed link, connected to petition. But now, even though I was logged in to my White House account, it only allows me to "Sign In" or "Create New Account." The "Sign this Petition" is whited out/not accessible. So I chose "Sign In" (tho already logged in) and a pop-up appears allowing me only to "Sign Out" or "Create New Account." When I signed out, just to play with option, it takes me back to home page of WH website and steers me away completely from the petition.

Unfortunately, and frustratingly with all the time this takes and no result, I'm not able to sign the petition due to this glitch on White House website  

UPDATE: Tried one more thing . . . signed out of my White House account, exited my browser, opened anew and went back to link in this thread. This time, it allowed me to sign in and the "Sign this Petition" was now an option!!! Yay. Done. Still keeping this post in case others have similar difficulty and this can help them.

5

Getty Images Letter Forum / Fall prey to the fear-based GI letter or choose your power instead

« on: October 07, 2011, 01:44:26 PM »

It's my heartfelt intention that people hit with these letters will not suffer too much, not let the negative energy from such an ordeal get the best of them. We can rise above these types of conditioned responses and trust in our innate power to see us through!!! It will all work out. Thx to this website, I’ve learned a lot and it confirmed my position to not pay the demands of Getty Images. It also validated that I won’t let my feelings of fear, guilt, anger, etc. control me. If I do, that’s my choice, my responsibility, and I can’t blame GI for that.

I know how it feels when you read the GI letter and your heart sinks. WTF?!?! If you’re like me, you know that you did, in fact, use a photo from the internet that you innocently and naively thought was OK to use (it didn’t have any copyright symbol on it). You feel stupid that you did it and you admit your guilt. I’ve been intrigued with various photos that flash on my screen daily via John’s Background Switcher and have saved many pix just for my pleasure to refer to. I simply right-clicked “save as” into my library of photos. Then, one day, decided to use one for my website not even occurring to me that I was doing anything “wrong.” I thought if these are all out there, they can be used. I know, I was naïve and I now see that this was a false assumption.

I do respect, now that I know, that someone owns these photos and I shouldn’t have used one without permission. But I also believe photographers, GI, etc. shouldn’t allow these to be out there free, for the taking, and so easy to “save” into our libraries if it’s illegal to do so. There was never anything associated with the photos to warn me that this was copyrighted and that I’d be stealing it if I used it. This is one of the dangers of the internet that is not regulated. Glad to see a petition has been started to address this and hope it actually goes somewhere.

But back to my point of this article. There are forces hitting us every day that want to bring us down, make us feel guilty, that there’s something wrong with us, etc. Notice, do these thoughts go through your mind in various circumstances? And these often come through fear-based tactics – like what Getty is applying.

It’s interesting to me that this arose on my “movie screen” of experience at a time when I’ve been consciously taking a stand for my power and reversing a pattern in my life where I’ve given my power over to authority figures, such as forces that are related to me earning income or that require me to pay expenses. I’ve felt powerless in the face of these false “powers” sometimes and it has even led me to feel depressed on occasion where it just seems like too much. So, I’m welcoming this opportunity and am refusing to give in to Getty’s demands as a part of my practice to reclaim my power.

6

Getty Images Letter Forum / Re: Does copyright infringement have a time limit?

« on: October 07, 2011, 12:26:52 PM »

rnewlinked, I'm curious to the answer of question you asked: "is this group beginning to see the 3-year SOL expiring without Getty taking further action? Has anyone who received "the letter" from Oscar subsequently been contacted and/or sued by Getty?"

I'm also wondering if anyone has been sued at all. I'll look further in this forum b/c I'm sure it's been posted if someone has.

7

Getty Images Letter Forum / Re: Another infringer and action I took with Getty

« on: October 05, 2011, 03:07:50 AM »

Forgot to conclude that, a coincidence I think not, tonight, a friend sent me an email of a friend who also got similar charge from GI. This friend wants to fight it too and my friend referred her to me. She's going to talk to a copyright attorney. I'll be interested to hear what comes of that. Thought the timing was very interesting that my friend connected me to this person, that we'd both be getting fined at same time. Reminds me that a community of support is such a plus, that we can pool info together and be stronger as a result.

8

Getty Images Letter Forum / Another infringer and action I took with Getty

« on: October 05, 2011, 02:52:38 AM »

Got standard letter which stated I was "previously notified of your unauthorized use of imagery . . ." This was first letter. Was very disturbed and felt "guilty" because I did use the image on my website. Can't remember where image came from but probably from my library of photos I've saved for my own enjoyment from my subscription to John's Background Switcher. It didn't even occur to me at the time nor until I got the GI letter that this was a violation. But, after reading letter and resisting the "ouch" of the fine and wanting to defend my case, I admitted I had legally, but innocently and unknowingly, infringed. Avoided it for few days.

I pretty soon took image off my website though at first dreaded the time to do, come up with another image, etc. Wasn't as bad as my dread anticipated it. Decided to call GI and admit guilt but also that I was an innocent and naive infringer. Told her it was removed from site. Woman was actually very cordial and cooperative but unbending, as you know. Asked if I could work out a settlement. She offered $625 vs. $750 initial fine if paid by XXX date. I thanked her but told her this would be very difficult to come up with but I'd look into it.

Talked to some friends and family and researched topic on internet (thank God we have forums like these!!!!) b/c something inside me said, "Wait a minute. I must have some rights, here. Lots of people are bombarded with photos on internet and nowhere does it say you can't use them--to my knowledge. I think these people are taking advantage of people's naivete. They shouldn't put all these photos out there with such an easy ability to "Save as" and, voila, you have the pic in your computer to view, use, etc." (I totally support this idea of a petition that it shouldn't be so easy for "them" to have all these images floating around and so easy to "save as."

In my research, found encouraging reasons to not pay. Wrote GI an email stating what I learned about my rights. Brought up them never warning me to "cease and desist." Asked them for proof of GI's ownership of photo. Told them not a penny was made from use of image. Told them I learned that "the law recognizes that some people 'innocently infringe' others copyrights (as is true in my case). If the infringer proves in court that his or her infringement was innocent, the statutory damages are often dropped."

Their response was something like: GI is merely seeking the appropriate compensation for the unauthorized usage of our photographer's work.  We will not be able to waive this demand, nor will it go away if not properly addressed. Out of respect to our paying customers, and the photographer of the image in question, we cannot let infringers off with a cease-and-desist letter or with just the cost of licensing. 
Again, our offer to resolve the matter is $625.00.

I replied: Read your note. I don't feel my rights are considered in this but rather Getty Images is simply dictating one way this can be handled and I have no power or choice in the matter. I will not be sending $625 at this time. I am considering settling it in another manner.

They wrote back but, frankly, I haven't felt like opening or reading it yet. I know she'll basically be saying nothing but that they will continue to pursue this violation.

After perusing this wonderful website -- thank you guys SOOO much --, listening to an hour's worth of two interviews on site, reading A Summary of the Getty Issue in the U.S. by oscar michelen and reading some posts in forum (thank you especially soilent green and buddhapi), I'm feeling more solid that I'm handling this very well. I feel prepared, thx to this site, for what the next steps will be and that's fine. I'm building documentation of steps I've taken rather than just be passive and ignore in case it ever does go to court (which I feel willing to do if it comes to that). Probably most importantly to me is I have asked for "inner guidance" which I'm big on and it has reassured me that I don't need to get all upset about this issue but to take a powerful stand, not give my power to GI. I'm hardly feeling like I have done something wrong/that I'm bad for doing this. It truly was from innocence and naivete. But, now I've learned, won't do it again. Being honest and self-forgiveness is a wonderful, liberating act!!!

9

Getty Images Letter Forum / Re: Support changing the copyright laws to protect "innocent infringers."

« on: October 05, 2011, 01:55:10 AM »

Wonderful. Glad this petition is initiated. I've registered (required to sign petition) but haven't gotten email to activate. Will wait a day or so. Thx for posting this.