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Messages - Oscar Michelen

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46
Lured back by the promise of steady work no doubt

47
Jerry - I can't comment directly but a pacer search would reveal that the matters went away amicably rather quickly. I can also say that I think they filed complaints against businesses we had represented.   

48
Getty Images Letter Forum / Re: A Masterfile Demand Letter Story
« on: May 06, 2014, 09:28:43 PM »
These are good points testy but the issue often is that to prove or establish them you have to go to court and get the proof (or lack thereof). Masterfile, since the 9th Circuit decided their method of registration is valid (in the US of course), has gotten even more aggressive.   

49
Sorry to chime in late on this thread but we have been litigating against BWP Media in a few cases including one just filed in New Jersey Federal Court. You can follow it on Pacer the case is called  BWP Media v HipHopStan.com LLC. I can't discuss the details but I will keep you updated as much as I can. Like most of these litigants BWP is usually interested in a quick settlement but I am right now looking to see the proof of their claim or whether they are like Righthaven and just have the right to sue.

50
Northern Cal - if you can settle for the amount we are talking about it's definitely better than retaining me to send the letter. The main benefit of the letter is if you do not settle they have to contact my office directly instead of sending more letters to you and then transferring your file to a third party collector like McCormack Law. But try the course of action Greg suggested and then keep us posted

51
Getty Images Letter Forum / Re: Oscar is not Matthew's Daddy
« on: March 03, 2014, 12:35:57 PM »
I have three sons - last thing I need is to be anyone else's Daddy!

52
Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: February 16, 2014, 03:35:07 PM »
My firm has just actually been contacted and retained by a company sued by BWP Media last week so they are still filing suits here and there. 

53
Getty Images Letter Forum / Re: Calculator
« on: February 16, 2014, 03:32:56 PM »
Underneath every Getty Image is a calculator icon that allows you to see what Getty would charge you for the image depending on the resolution and intended use plus length of use.

54
Rookie we have dealt with John Deboer you can email me at [email protected] if you want more information

55
Getty Images Letter Forum / Re: Just ignore them
« on: February 01, 2014, 04:24:38 PM »
Kyle's story is pretty much consistent with all of our experiences here at ELI. Though recently Getty has filed a number of lawsuits in single image cases. 

56
Getty Images Letter Forum / Re: Getty filed a lawsuit against me
« on: February 01, 2014, 04:23:18 PM »
Rlocke - I have been helping out several defendants in these lawsuits - you can email me to discuss at [email protected]

57
Getty Images Letter Forum / Re: Question about precedent
« on: February 01, 2014, 04:22:06 PM »
I think the Herzog firm did not help the community by agreeing  to two things - first the amount of money they settled for $5,000. That is an outrageous sum for a single image. Secondly agreeing to a consent judgment which is public as opposed to a confidential settlement which is the normal course of business in this matter. I expect Getty will point to this settlement as the example of what they want to obtain in all these lawsuits. But we should not allow this to serve as a template as i don't think this was great result.   

58
We have become aware of this new trend - Getty (acting through PicScout which it bought for $20 Million a few years ago) has been sending out these letters for various companies including stockfood.com It really is just a variant of their regular copyright program. All the info on this site that applies to Getty is applicable to this issue.

59
I have to be very brief about this topic because I currently represent several of the sued companies. It appears Getty has selected a handful of companies to sue in Federal Court - all of the ones I have seen have been over a single image. Folks who are targeted in these suits tend to be web developers or lawyers I think so that Getty can argue they should have known better, though of course that really doesn't matter all that much in the scheme of things. I don't think these suits will be well-received in Federal Court particularly if the defendant makes a fair offer to Getty. Since the lawsuits deal with unlicensed images, Getty cannot recover legal fees though they may be able to recover their filing fees and process server fee if you don't accept service. It usually is wise not to fight service of process as  most companies can be served merely by serving the State's Secretary of State. That way Getty cannot tack on the cost of process service. Courts are going to want to see these matters resolved quickly especially when they hear they involve a single image. Let's see how this all shakes out.

60
Hey - You need to change the "Founder-In-Silence" thing! Welcome back! 

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