Messages

46

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: September 29, 2014, 05:28:02 PM »

If your users truly hotlinked these images from another source, you have nothing to worry about. Search the site for "hotlinking" and especially pay attention to posts by Lucia and Oscar.

47

Getty Images Letter Forum / Re: Received Email From Sanders Law Firm Suspected Copyright Violation

« on: September 29, 2014, 05:25:27 PM »

They sent an email? Blog is gone? If it were me, I wouldn't bother replying. Make them work to get a physical mail address and THEN tell them to pound sand.

Out of curiosity, how do you think they got your current email? It couldn't have been you@YourDefunctURL.com, maybe they pulled it off the old domain registration?

48

Getty Images Letter Forum / Re: CFAA Violation, TERMS of USE, Htacess Blocks

« on: September 19, 2014, 12:01:32 PM »

Do you know what would have happened with this thread had you not sabotaged it with your doubts and criticism? Goliath would be more nervous today than he was three days ago. Good job. Be proud of yourselves.
...
PhDoc signing out permanently. The land of the ignorant smells wretched to me, and I refuse to be here.

So I question your math and you go off on a tirade, call me "ignorant" and then "sign off"? Seriously? Troll much?

Everyone has their own way of dealing with Stock Image extortionists. But I do get tired of people that have big ideas and show little action. If you want to raise your million dollars or hundred million dollars, by all means, go for it.

PhDoc, if you were a little more open to questions and exploration and a little less apt to completely shut down in the face of these questions or challenges, it would have been great to have you join the fight. But honestly, after your hissy fit, I only want to know one thing. I want to know where you teach so I can make sure my "young ones" never attend one of your classes.

49

Getty Images Letter Forum / Re: CFAA Violation, TERMS of USE, Htacess Blocks

« on: September 18, 2014, 11:51:35 AM »

>>  let's presume 10% actually care about their rights, this brings us to 1,000,000.

That's a pretty big assumption. I would bet the number is much closer to a few thousand.

50

Getty Images Letter Forum / Re: Letter on image now available for embedding and unsolicited email?

« on: September 18, 2014, 11:45:16 AM »

I agree with Stinger. Wait for them to contact you like a normal business and not some Nigerian phishing scam.

Figure out what it would cost you if you wanted to license the image for your actual use. If you are comfortable with paying that and they send you a letter, offer that amount. Meanwhile, I'd see if any other stock companies offer the image.

And, of course, in the future when you DO license stock photography, purchase from a company that doesn't threaten potential customers. iStock photo is owned by Getty. I have been migrating clients to use Pond5.com for their micro-stock need.

51

Getty Images Letter Forum / Re: Schneider Rothman IP Law v. Getty Images & Zemanta Lawsuit

« on: September 16, 2014, 11:36:55 AM »

I'm still trying to figure out why they didn't hire Attorney Timothy B. McCormack for this.

</snark>

52

Getty Images Letter Forum / Re: Fair Use Question

« on: September 16, 2014, 11:30:00 AM »

• How should I respond? I believe that I should send them the text that Joel Rothman sent me and reiterate my position that I'm not paying them and not taking the image down. Do you agree this the best course of action?

Not only should you reiterate your position, you should make it clear that you have spoken to an attorney that supports your position and that further contact by Getty will force you to bill them for the time you spend dealing with this issue. You charge $### and hour and your attorney charges $### and both of you bill in half hour increments.

• How should I expect Getty to react?

Half the time they slink into the shadows and half the time they continue to pester a bit. A big part of it DOES seem to be how clear you are about your willingness to fight.

• What should I do about their stipulation that things should remain confidential? I suppose it doesn't matter because I'm not agreeing to their terms, but do I need to be careful with this aspect of dealing with them?

Personally I think you should make it clear that you do not agree to keep anything confidential and that you intend to report on what they do as fully and as publicly as possible.

53

Getty Images Letter Forum / Re: Schneider Rothman IP Law v. Getty Images & Zemanta Lawsuit

« on: September 14, 2014, 01:51:14 PM »

I can't wait for the day that Joel or Oscar get to turn to the attorney representing Getty and say the magic words:

"I look forward to deposing your client"

54

Higbee Associates Letter & Lawsuits Forum / Re: Sample replies? Best course of action to take?

« on: September 14, 2014, 01:42:21 PM »

In your case, I would say you should file. And no, you don't need an attorney and you can name yourself as the registered agent and share your contact information on the form. Be sure to list all the sites you maintain.

55

Getty Images Letter Forum / Re: Fair Use Question

« on: September 14, 2014, 01:38:49 PM »

The fact that they abruptly dropped the amount they were looking for indicates they don't have a leg to stand on.

56

Getty Images Letter Forum / Re: Abuse of Copyrright Law by Copyright Trolls & Bullies

« on: September 14, 2014, 01:33:53 PM »

Robert and Lucia rightly point out that Creative Commons is not entirely trustworthy. However, I'd also like to point out that nearly all the other microstock companies also refuse to indemnify your use of the images.

So you could very well end up paying for an image and STILL not having the right to use it. That is why I advocate for tracking and documenting how you came to display an image, regardless of whether it was Public Domain or Licensed.

Also, keep in mind that most Creative Commons licenses require you to attribute the creator of the image. They also often have a share-alike clause that says if you use their "free" image in your book cover, your book should also be made available under Creative Commons. This doesn't sound like it would be a problem for the original poster, but you may want to consider it if you are writing the next great American novel or hired to build a web site.

And finally, although people recommend shooting their own images, some of us live in Southern California where it is hard to snap a picture of a snowman.

57

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: September 04, 2014, 11:32:57 AM »

Very wise JLorimer.

58

Getty Images Letter Forum / Re: Thank You

« on: September 04, 2014, 11:23:43 AM »

Nice to know the information we share on this site is helping people. Congratulations Bernice!

59

Getty Images Letter Forum / Re: Need an opinion on a letter I received.

« on: September 02, 2014, 11:07:24 PM »

Yeah, "sourced the images"... I don't know what that means.

60

Getty Images Letter Forum / Re: List of Public Domain stock footage companies

« on: August 24, 2014, 06:46:56 PM »

GotLetter, I looked into this further and found this link on the Met site:

http://www.metmuseum.org/research/image-resources/frequently-asked-questions

It seems the images are free for "limited non-commercial, educational, and personal use." So a research paper, and academic article or a personal blog would be covered, but a banner ad or a commercial site decoration, not so much.

Anyway, thanks for pointing this out. It gives me an excuse to bump my list of public domain images up again.