Messages

46

Getty Images Letter Forum / Re: Pixsy demand email

« on: June 01, 2017, 10:34:56 PM »

I have a belief about the web [world]. 

I believe that whatever your opinion is (Good or bad), you will find others who support it...

Some people like to spend their time searching for affirmation.

I prefer to search for arguments that challenge my beliefs.

To each his own ~ i guess 

That being said, its nice to see that this place isn't an echo chamber. 

47

Getty Images Letter Forum / Re: Sanders Law is now Representing RM Media Ltd. (UK Photographer Nick Youngson)

« on: May 25, 2017, 12:10:36 PM »

How does this change affect previous letter recipients?

48

Getty Images Letter Forum / Re: Sanders Law is now Representing RM Media Ltd. (UK Photographer Nick Youngson)

« on: May 23, 2017, 10:18:03 PM »

Ahh, i see.

In regards to this Sanders law situation, what do you speculate the motive is here?

To separate the individual from the business entity just in case of backlash?

?

49

Getty Images Letter Forum / Re: Sanders Law is now Representing RM Media Ltd. (UK Photographer Nick Youngson)

« on: May 23, 2017, 09:26:46 PM »

Even I was schnookered in missing certain details of what Nick's websites were all about because I wasn't paying close enough attention. A reader who was doing his own investigation brought certain details to light that I did not catch previously...

Just out of curiosity, what details?

50

Getty Images Letter Forum / Re: RM Getty Images in wordpress theme I bought. Help!

« on: May 23, 2017, 03:59:17 PM »

If I were in your shoes I would contact the developer of the theme (and possibly themeforest) first to get to the bottom of this.

I think when most people purchase a WP theme from themeforest they expect that the included images are ok to use and if they are not then the theme developer will most likely include generic placeholder images in place of those images in the download. --> I've purchased several themes from them and I have found this to be a common practice.

It sounds to me like the developer messed up - I'd start there.

Good luck.

51

Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 16, 2017, 03:50:54 PM »

clist, if I ignore them doesn't that make me look bad in court if we end up there?  Doesn't that show that I willfully ignored this and as a result should have known better than to act like this is no big deal?  I just feel either way I do this I'm gonna get clobbered.   Seems this is a no win situation either way I go.  I either ignore this and possibly end up hiring an attorney, which I cannot afford, or try to negotiate this down the best I can.  I've read through this forum and have spent tons of time researching Higbee, and while they certainly are not known for being ethical in the way they pursue people for copyright infringement, they also don't let go once you become their target.  If Higbee wants to go to court he's going to spend a lot of money to find out that there's no blood to squeeze out of this turnip.

I wish I had an answer for you. Unfortunately there is no magic bullet.
(Except for paying the amount requested)

[My opinion here - again, not legal advice]

In regards to ignoring this: While Judges may look down on you for not responding they may also look down on Higbee for the unethical pursuit of an exorbitant amount from a non profit.

Its all on how you (or the judge) looks at it.

While I don't doubt that this Troll will take someone to court I do believe (in most cases) you have to make it desirable for them to do so.

For example, I spoke to a Lawyer a while back regarding the "Copyright troll business model" and he stated that if he was to take someone to court for this it would only be for "slam dunk cases" and "because they had something to go after".

Again, this is just an opinion so I wouldn't necessarily rule out an unethical firm from shooting in the dark but you get the picture.

So (my opinion again) you can bet as soon as you try to reach out to them to plead your case / negotiate (because you are an honest human being with a conscience)  all you will accomplish is putting yourself at a disadvantage because you have now made yourself look like you've got something to protect, thus making yourself look like a desirable candidate.

52

Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 16, 2017, 01:24:02 PM »

...but if I can settle it for an amount close to what it would have cost to pay the owner ($250) for using the picture then I think it might be worth the gamble to go this route..

In an ideal scenario this would make the most sense.

The problem is that a lot of the time this does not happen (read through the forums - numerous parties have tried this approach and have found that they still wanted exorbitant amounts) and by further contacting them you have now given them more of a reason to pursue you..

53

Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 03:16:36 PM »

I was able to verify the Certificate of Registration through the copyright office. I've spent countless hours researching this and it's for sure legit and belongs to the person who Higbee said it belongs to.  Everything I found shows that it's not fake so now I am left to decide on how to go about resolving this.  I have read enough to know that this outfit is not going to let this go.  It seems my only option is to try to negotiate a settlement.  Getting ready to email them soon.  One last time, any input before I email them?  I know no one is giving me legal advise here but whatever you might say that could help me is much appreciated. Thank you.

[not legal advice - merely suggestions from some random guy on the forum - take it with a grain of salt]

#1 Admit nothing. (You can believe that anything you tell any of these trolls will be used against you. *Even on the forum )

#2. (I'd probably do this before reaching out) Do some homework and see what the "market rate" is for the image and also see if the same image can be found elsewhere on the web. There are software tools available online that you can use to locate the image. *Google it*

#3 Respond don't react ~ Understand that these trolls have crafted these form letters and correspondence in a way to elicit emotion. They try and make you feel as if you have to act [and act fast] because you have willingly committed a crime. If you take some time and read through the forum you'll see that most scenarios are *innocent infringements* at best and it is up to them to prove otherwise.

#4 Read through these forums. The more you know the better. Especially when it comes time for contacting a lawyer or engaging in negotiation.

Good luck.

54

Higbee Associates Letter & Lawsuits Forum / Re: How can I verify a copyright Certificate of Registration number online?

« on: May 15, 2017, 02:33:18 PM »

I'm curious to know how Higbee finds these photos?  Does his clients know he is doing this or does he  just do it on his own?   Do you have any idea what percentage he gives the owner of the images if he gets paid?

They have software that combs the web searching for "matches".

55

Getty Images Letter Forum / Re: "Private" emails/letters written by Masterfile collections lawyer, Leslie Burns

« on: May 10, 2017, 12:41:39 PM »

Nonetheless, before advising my client to file suit, I am making this resource-wasting effort to send a print copy of the original letter I emailed (attached)...

You've got to be kidding me...

#fail

56

Getty Images Letter Forum / Re: New Pixsy letter

« on: April 27, 2017, 03:47:00 PM »

But the BIGGEST issue is that I got it from Pexels.com, which is a free license website! I explained this to Pixsy and sent evidence, but they've come back to say it's still my responsibility to contact the original photographer to confirm that an image is free license. Having looked into the law I now realise this to be true, though incredibly unfair. Who thinks or has time to double check free license websites?!

This is why I no longer use any "free to use" image sites.

Because you never really know who's on the other end and if the work being uploaded is even theirs.

Good luck

57

Higbee Associates Letter & Lawsuits Forum / Re: Beware of Photog Christopher Sadowski, Notorious Copyright Troll

« on: April 10, 2017, 09:09:29 PM »

@kingkendall

Just out of curiosity, about how many emails / notifications would you say you have you received regarding unlicensed images on your website(s)?

Just curious.

58

Higbee Associates Letter & Lawsuits Forum / Re: Beware of Photog Christopher Sadowski, Notorious Copyright Troll

« on: April 09, 2017, 05:55:16 PM »

I agree with @DavidVGoliath here.

People shouldn't just assume that they can just take [and use] whatever media (eg: images, audio, video, etc) they want from the web without consequence.

With that said, I do feel that there should be a dmca takedown type of approach amended into the existing copyright law [that specifically applies to the web] which grants [the infringer] an opportunity to rectify their mistakes before any legal action can be allowed to be taken against them.

I believe this approach would most certainly curb the "extortion" behavior that seems to populate the threads in this forum.

$.02

59

Getty Images Letter Forum / Re: Joel Albrizio (Adlife Marketing & Communications) Gets Nutty on Copyright-Trolls

« on: April 05, 2017, 09:53:57 PM »

"a photographer who earns a living by licensing his photographs."

You would think that people who distribute form letters demanding thousands of dollars would at least try to have some variation in the text... smh..

The quoted text here makes me think that this letter may be identical to the Youngson demand letters....

60

Higbee Associates Letter & Lawsuits Forum / Re: Nicholas Youngson Photographer (Rep. by Higbee Associates) Copyright Abuse

« on: April 05, 2017, 05:09:35 PM »

Found it.

 

This mention of trolls making phone calls I haven't heard in a long while. Apparently, Higbee is new to this.

This is a small list what I would consider doing regarding unwanted phone calls:

1. Screen calls.
2. Let calls go to voicemail. If they got anything to say, let them say it there. If not, then good.
3. Block the number.
4. Install a voice recording app and record the conversation.  If you are in a 1-state consent state, you can record them without notice. If you are in a 2-state consent state, you interrupt them and say. "Before you say anything, I am letting you know I am recording this call." And honestly, for me personally (not advice to anyone), if I have an uninvited, unsolicited, or suspicious call, I will record them anyway as I think prosecutor offices have better things to do than go after citizens who are simply trying to protect and defend themselves.
5. Instruct them in writing that their calls unwelcome and they should not call the number anymore.

The easiest thing to do is screen all unknown calls and let it go to voicemail. The least amount of drama.  I highly recommend Google Voice. Lots of great features.

Thanks.  No action taken yet, just a bunch of harassing telephone calls from Higbee office, and most recently a call from a woman claiming to be an attorney indicating she will be filing suit in federal court.  Do I call their bluff and do nothing, or do I file off a letter in response stating image was removed and try to argue they have no claim because the image was on a site listed "free for commercial use" etc etc.  This has been going on for a few months now and they are turning up the pressure.