Messages

76

Getty Images Letter Forum / Re: Two Canadian tech firms combine ( Masterfile )

« on: August 23, 2011, 10:30:54 AM »

Do you know if the 3D models are just images of 3D models or actually models that can be purchased and animated?  Masterfile has a few 3D images, but not sure if they are actually models or just pictures of the models.  The reason I am so interested with this new merger info is that one of the options I was going to propose to Masterfile as a second option (once they turned my first one down to settle their claim) was to provide them with custom created 3D models that could be used for animation purposes until the amount they asked for was satisfied.  Then out of the blue, here comes this news....LOL! Now, I believe I will just sit back and watch for a while.

77

Getty Images Letter Forum / Re: Two Canadian tech firms combine ( Masterfile )

« on: August 22, 2011, 09:15:00 PM »

I'll tell you what. If I was being hassled by Masterfile I would look at this transaction VERY closely. There is something _odd_ going on here.

Could you elaborate a little bit about what you are thinking?

78

Getty Images Letter Forum / Re: $9,000 for 1 image! Photo Attorney Extortion Letter by Carolyn Wright's law firm

« on: August 17, 2011, 09:00:16 PM »

One thing is for sure, that picture of Lincoln, Nebraska is easily worth $9,000, it's a classic, one that could never be replicated.

I hope you are being facetious about this....LOL!

79

Getty Images Letter Forum / Re: Masterfile - in need of urgent advice

« on: August 17, 2011, 11:50:22 AM »

The info that I was sent from Masterfile showed that 33,000 images were registered at one time.  However, they included 3 pages of authors along with it.  Now, since I can't see the individual image in the compilation, I don't know if it shows who the author is and if other relevant info is attached to the image.  The way the law is written seems rather confusing in my opinion, even the Muensch case results are written in a confusing way.  It really does take a lawyer to translate!  I don't know if the reason the they were ruled against is because each image is not marked accordingly or if it is because some of the registrations only list one author and then "numerous others," without listing their individual names.  In my case each author's name was listed, but I don't know if they were attached to the images that they created.  This is a point I would like clarified as well.

80

Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??

« on: August 15, 2011, 09:13:52 PM »

Sadly, I have not been able to get in touch with the young man that did our site.  The site was done many years ago, and since then we took over maintenance on the site, but had no idea that the images placed there were not legal to use. This very generic photo is "rights managed."  MF did send the registration documentation.  It is one of 33,000 images registered at one time in a compilation according the the number assigned in their catalogue.  It is my understanding from one of our employees that the web designer used foto search to buy his images from, however this image is not on that site now.  I don't think any web designer would pay the price of a rights manged photo as opposed to a royalty free, since he/she is going to pass the image along with the work.  I hate to suggest this, but I wonder sometimes if these companies that are relying so heavily on litigation for their income, aren't putting these images out on "free to use" sites as bait?  If you google search the same image that MF claims is worth $5520.00, it is on 43 other sites at the present, mostly in foreign countries.  These look to be small businesses, so I doubt very much they paid for licenses on rights managed images given the cost and time restrictions.  So, the question is .... how did they come across that image?

81

Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??

« on: August 15, 2011, 07:24:52 PM »

Well, the one they are trying to get $5520.00 is very generic... a woman with a note pad wearing a telephone headset.  Most photos I have seen are generic unless they are nature scenes, such as natural disasters as they are happening, or certain sunsets, etc.  Most objects and people photos fall under the generica category.

82

Getty Images Letter Forum / Re: Unfavorable Court Rulings ?? Getty ??

« on: August 15, 2011, 12:57:28 PM »

Regardless of both views on this issue, because of the unethical tactics being used against "innocent infringers," I have a very bad opinion of photographers and stock photo companies.  I can understand going after "willfull" infringers, but to charge in excess of $5,000 for a generic photograph is ridiculus, unethical, and borders on piracy itself.  I know that I will never use a web designer that purchases or uses stock photo images again.  I will insist the photos being taken by me or the web designer himself.  I will never ever support those that knowingly hurt others by going after small businesses just because the law has not been updated here in the US like it has in other countries to address this kind of problem.  Furthermore, if the situation had been handled differently without the threats, the large amounts of money being asked for, I would not feel this way.  A "cease and desist" letter without threats should be sufficient.  Even if they asked for a reasonable amount to cover all parties, say around $250 would not have left me feeling this way.  But rest assured, there are many like me, and when the dust settles, I feel these tactics will be the downfall of stock photo houses and the overly aggressive photographers that have branched out on their own to make a living off litigation.

83

Getty Images Letter Forum / Re: Muensch case

« on: August 10, 2011, 04:16:38 PM »

Thanks Katerina.  MF called me after receiving my letter to request info and wanted my email address.  I gave it to them and then they sent the info and reduced the amount by almost half.  I sent a reponse back the same day with a counter offer all via email.  This has been several days ago and I still have heard nothing.  Do you know if they respond back via email or should I send them the same thing via post?

84

Getty Images Letter Forum / Muensch case

« on: August 10, 2011, 09:29:05 AM »

Could someone clear up a few questions I have about this case?  I read Oscar's article and from that I gather that when the images were registered the company listed one author and then "numerous others."  When Masterfile sent me the info I requested they registered 33000 images in a compilation and had 3 pages of authors names attached.  I don't really know if the image in question is in there since I can't see it, but their catalogue number is in one of the 33000.  So my question:  Since they listed 3 pages of authors, does the Muensch Case apply in this situation?  Also, is there a way to access that image from the US Copyright Office online?

85

Getty Images Letter Forum / Will the US follow suit?

« on: August 07, 2011, 10:57:43 AM »

I think we should continue to bombard our elected officials daily with stories of copyright trolling.  Look what has happened in the UK!  We should be demanding our representatives stand up for the "innocent infringer" hurt by third party web designers or even perhaps pictures on sites used as bait.


http://www.techdirt.com/articles/20110803/02192515373/uk-copyright-trolling-pioneers-sanctioned-actions.shtml

86

Getty Images Letter Forum / Re: $9,000 for 1 image! Photo Attorney Extortion Letter by Carolyn Wright's law firm

« on: August 06, 2011, 10:10:44 PM »

Quote from S.G.
"Furthermore, I have viewed collections of images registered in bulk on the database.  Each image had a separate document and number, within the collection itself.
But, I'm wondering if this is always the case?  Are collections sometimes registered in bulk, but without documents or descriptors for each of the individual images in the collection?"

How do you view the images on the US Copyright site?  I could only find the registration paperwork, but could not verify the image.

87

Getty Images Letter Forum / Re: Masterfile - in need of urgent advice

« on: August 06, 2011, 09:47:53 PM »

Does the ruling in Muensch case still stand?  If so, I have a question regarding the compilation registration.  I just received the registration paperwork from Masterfile and it shows 3 pages of authors and works ranging form 700-0001 through 33000.  Most are not for hire, but the image in question for me is an author who uses a pseudonym name of MTPA Stock and is listed on the form as "for hire."  Does the Muensch ruling still apply in this senario?

88

Getty Images Letter Forum / Re: Petition on change.org to boycott Getty Images

« on: August 02, 2011, 09:52:55 PM »

Could you include Masterfile in your petition as well?  I will gladly sign it if so.