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Messages - Mulligan

Pages: 1 2 3 [4] 5 6 ... 24
46
Getty Images Letter Forum / Re: Educational Web Site
« on: August 17, 2013, 11:31:11 AM »
I'm an older guy, too, Rog, and have been dealing with Getty Images and their copyright trolling outside counsel and collection agent Timothy B. McCormack for over two years now -- though I haven't heard from the company or McCormack or one of his goon paralegals for many months and, frankly, don't expect to hear from them again after repeatedly telling them "If you won't provide proof of a right to demand money from me, I will not send you any money. Without proof of that right to demand money, as far as I'm concerned this matter is closed (so go fuk yourselves until the cows come home)."

Honesty and a devotion to full disclosure requires me to add... Being a polite as well as grumpy old man, I did not actually include the parenthetical portion ("so go fuk yourselves until the cows come home") in my letters, though I admit not doing so required considerable restraint on my part.

Anyway, read the forum and get a good sense of what people have done.

If you want to save a lot of time, energy, and emotional stress, take advantage of Oscar's letter program. For under $200, it's a bargain, especially for someone whose business set-up might require him to use an attorney (which I think you described as the position you're in) rather than taking on the fight yourself.

Main point... don't lose sleep over this. The chances of them actually suing you are most likely close to non-existent. In my experience with these trolls, the whole deal is nothing more than a clever extortion scheme based on threat and intimidation to extract money out of people who are easily frightened.

47
Send him a copy of your letter to Getty with a cover letter politely saying if he'd bothered to read your previous correspondence with Getty's "compliance office" he'd already know where you stand.

Add that you've included a copy of the previous correspondence because your stance hasn't changed and if they're unwilling to accept your generous and ridiculously fair offer of $25 then as far as you're concerned the matter is closed and you will not reply to additional threats.

Then ignore the next couple of letters from one of Mac's goofy paralegals, the last of which will most likely say McCormack's going to recommend litigation back to Getty Images.

In my experience, the whole deal with Getty's outside counsel is nothing but bullshit threats and attempts at intimidation by lies and misrepresentations. McCormack and the paralegals who work for him should be ashamed of themselves and what they do to make a living. McCormack's attempts to extort this kind of money for cheesy images is really quite unconscionable, but, hey, he's a lawyer, and a lot of lawyers in the copyright extortion game will do or say anything to make an easy buck. These people were apparently born without the moral sense of right and wrong found in most good human beings. For them, life seems to be all about money... the more the better.

48
Getty Images Letter Forum / Re: I miss Matthew Chan
« on: August 08, 2013, 03:56:55 PM »
+1 x 1,000,000!

49
Getty Images Letter Forum / Re: Altered Image Case
« on: August 04, 2013, 11:40:42 AM »
Robert, normally, I'd agree that the next step is the letter from the lawyer. However, I've not yet even received a threat of escalation.

Be patient. They like to time their threats so you're just at the point where you think, "Ah, that's the end of that BS... and then, pow, the next day you get a new letter."




50
Getty Images Letter Forum / Re: copyright questions
« on: July 20, 2013, 11:36:45 AM »
Copyright law (and most other areas of U.S. law), as near as I can tell, mainly consists of complicated grey areas containing infinite twists and turns that offer wonderful entrepreneurial opportunities, both legal and not so legal.

Some cynics might even suggest there may be design to the ever-expanding grey areas because the more complicated the law, the more money and "work" available for the politicians, the court systems, the judges, the lawyers, the penal system, the law enforcement agencies, corporations like Getty Images, and everyone else profiting in and from the Political Justice Complex.

Indeed, in the Information Age, the Political Justice Complex in the next few decades may even give the Military Industrial Complex a run for the big money... if sufficient numbers of people in the country get sick enough and loud enough regarding endless wars, that is.

51
Getty Images Letter Forum / Re: Got the Getty Letter
« on: July 20, 2013, 10:22:18 AM »
...and we also have some pretty minds here in the forum...

Peeved, Robert's talking about you again!

52
Gosh, I do believe I'm blushing.

Oops, no.

Actually, I think I shit my pants.

Anyway, thanks for the kind words, my ELI friends and newly adopted son... each of you made me feel good today.

53
If you're combative and like to mess with people who are trying to extort money from you, there are all kinds of ways of telling Getty to fuk off (apologies to that Fox News Station and Asiana Airlines) without actually telling them to fuk off...

1) You can play idiot and pepper them endlessly with questions, both relevant and totally off the wall.

2) You can play lawyer and cite all kinds of cases (both relevant and totally off the wall) to "prove" you haven't infringed.

3) You can play indigent and tell your life story... beginning with your aging parent's social security check that barely covers payment for turkey necks when they're on sale at the local grocery to the day you lost your hands in a horrible accident with the ironing machine at the dry cleaners where you work and how the owner of the business refused to pay any compensation and that now you spend six days sitting on a curb holding a cup with your bare toes and looking to the good will of passers-by to contribute a little something. Point out that you give day seven to quiet praise of the Lord in thanks for still being alive

4) You can play madman and reply with long diatribes about alien visitations where you're taken on board great star ships where pale white creatures with huge heads and tiny slitted eyes cut into your body, looking for copyright images of giraffes and piglets.

5) You can write a simple letter saying you will not pay a dime without proof of their right to demand money. Sample letters are all over this forum. Then each time you hear back from them, send them another copy of the same letter. Eventually, they and their copyright trolling lawyers and collection agents like Timothy B. McCormack will realize you're not low hanging fruit, and they'll leave you alone.

In my case, if I had my experience to do over again, I would use all five of the options above and have a great deal of fun with these creepy trolls who think they can squeeze free money out of people by scaring the shit out of them.

The bottom line is that in cases involving one image the chances of getting sued are below slim and none. So have some fun if that's your nature. If you're not aggressive and pissed off and out for a bit of payback, use Option 5 above and keep things simple and go on with your life.

If you really want peace of mind and no more contact from Getty and its cohorts, use Oscar's letter program.

54
That looks like you're home free. Congratulations!

55
Getty Images Letter Forum / Re: A friend of ELI
« on: June 23, 2013, 05:37:58 PM »
As I've said before and nicely illuminated by DvG's listing of legal and "do the right thing*" email and phone call victories, it's obvious that there's easy money to be made off one's creative work as long as a person's willing and morally capable of sending out emails and letters threatening people with lawsuits.

And, Lord knows, a $350 filing fee plus a percentage to various teams of lawyers (for example, six in the U.S. and one in Canada with, perhaps, new filing paperwork associates with scary letterheads being considered for hire in England, France, German, Spain, Japan, Russia, Bolivia, Iceland, Argentina, Mexico, and Greenland) represents a terrific investment when you know that move will force a settlement out of most likely almost ALL of those who didn't knuckle under to the initial settlement demand emails giving them the opportunity "to do the right thing.*"

DvG, of course you don't want to answer my questions about your income percentages because doing so would reveal facts that you need to keep hidden if you want to maintain any kind of credibility here on ELI. Everyone with three functioning brain cells understands that.

DvG, of course your terms are confidential. Confidentiality agreements represent one of the main reasons lawyers and trolls get away with the various schemes they get away with.

Quick rant: If all legal results were a matter of public record as they should be in a free and open society that has fair laws legislated to attain justice instead of laws designed to help greedy bastards line their pockets, internet copyright trolls and their collection agent lawyers would be forced to do some honest work to earn their daily bread instead of cashing in using fear, threats of lawsuits, and bullshit confidentiality agreements to keep their slimy schemes private.

"Everyone has a right to an opinion." Yep, but even though they can get away with it and indeed often gloat and brag about it, speculative invoicers do not have the right to lie or twist truth and laws to make money off those who scare easily or those who are intimidated by smooth talking bastards into paying money for images when as far back as 2008 there were already more than 40,000,000,000 photographs on the internet. Charging $100 to $200 for a de minimus infringement is not right in my book. But for some people it's obviously a satisfying ("I cleared $850 today, honey, with six quick phone calls!"), entertaining ("Damn, dog, I love fleecing the rubes!"), as well as an absurdly easy business model to haul in some serious money with very little work.

*To do the right thing -- In too many cases involving copyright trolls, that means... Pay me money for an image I bulk registered or didn't register at all because I know I can make a sweet percentage of my living playing Speculative Invoicing for Dollars.

56
Getty Images Letter Forum / Re: A friend of ELI
« on: June 22, 2013, 03:14:35 PM »
SG, I believe DvG's still around because he feels a moral obligation to educate everyone here on ELI about "doing the right thing" or, in his case, making sure he gets a settlement payment for any kind of "infringement" (be it innocent, de minimus, or egregious) of one of his bulk registered images.

I, for one, certainly appreciate having a settlement demand and collection agent professional like DvG around to help me better understand copyright issues from a photographer's point of view in the digital age!

Indeed, DvG's contributions on ELI speak for themselves, especially when he still hasn't provided specific answers to questions about how much time he spends on helping infringers do the right thing by threatening them with lawsuits if they don't cough up a "fair" license fee.

I don't know about you, SG, but I'd also still like to learn what percentage of his income results from his demand letters educational emails and letters to those who have allegedly infringed on one of his copyrights in comparison to the kind of money he's earning -- if I remember correctly -- for one of his exclusive shoots for Getty where he's "been the sole person with 'inside' access on the red carpet, at parties, closed door functions and so on."

57
Legal Controversies Forum / Re: Okay, this takes the cake...
« on: June 15, 2013, 09:23:31 AM »
Given the number of people who roll over for copyright trolls seeking audacious damages for what is most likely innocent as well as de minimus usage in most case, I think Getty would argue that their system is working just fine.

58
Getty Images Letter Forum / Re: Need some advice on a Getty Letter
« on: June 14, 2013, 08:57:40 AM »
You'd have better luck arguing with a dempster dumpster about haute cuisine than you would screenshots with Getty.

Since you're willing to go a couple hundred, hire Oscar and be done with the whole mess. That'll literally save you hours and hours of research and headaches.

If Getty were smart, they'd take a $200 settlement offer, but, no, they have to be greedy bastards who'd suck Miley Cyrus's dirty toes before they'd accept an overly generous settlement like $200 for some lame thumbnail image that they most likely haven't registered properly to begin with.

59
Legal Controversies Forum / Re: Okay, this takes the cake...
« on: June 14, 2013, 08:52:25 AM »
DvG, I sure hope you get that team of lawyers of yours cracking on this.

60
Let's see... 19 into $1.3 million equals $68,421 infringement penalty for each house built.

And that seems appropriate for this kind of egregious and serious violation of copyright.

On the other hand, when one's considering photographic images posted on inner pages of Mom and Pop websites...

A thumbnail on an inner page of a website getting 67 unique visitors a month, let's generously say, might be perhaps worth 1/100,000 the value of a copyrighted architectural plan.

So that thumbnail image using the terms of this particular judgment would be equivalently worth around 68 cents. Unless, perhaps, it was an exclusive picture of the Pope exorcising a demon from a Seattle lawyer and then it might be worth $1.25.

Now, how much moola are Getty, the copyright trolls, and the various individual speculative invoicers demanding per image these days?

I think in Getty's case it's around $800 for a thumbnail? And when "escalated" to McCormack Law the price (at least in my experience) triples.

I guess some cynics would say it's painfully obvious why so many companies and greedy individuals spend so much time sending out settlement demand letters.

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