Click Official ELI Links
Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.

Author Topic: Letter received from Getty 16-08-2013 - orphan works?  (Read 4371 times)

squid

  • Newbie
  • *
  • Posts: 4
    • View Profile
Letter received from Getty 16-08-2013 - orphan works?
« on: August 18, 2013, 04:54:04 PM »
Got letter from Getty.
Image from google search - £892
Size of image no bigger than postage stamp
15kb
Was just on test site.
Image had no metadata and no watermark.

Anyway is this Enterprise and Regulatory Reform Act now live?

If it is my take on it is if you get an image with no meta data or watermark then it is classed as orphan work.

If getty can prove they are the rightful and soul owner to the copyright then I have to pay them the market value.

Image in question is just a group of people nothing special. So I go to fotolia (where i normally get images from) and select ten similar images - average cost out and it about £1.

So now I offer Getty images £1 -

What do you think?

Robert Krausankas (BuddhaPi)

  • ELI Defense Team Member
  • Administrator
  • Hero Member
  • *****
  • Posts: 3354
    • View Profile
    • ExtortionLetterInfo
Re: Letter received from Getty 16-08-2013 - orphan works?
« Reply #1 on: August 18, 2013, 06:20:35 PM »
They will simply refuse your offer, and persist in attempting to collect from you.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Couch_Potato

  • Full Member
  • ***
  • Posts: 152
    • View Profile
Re: Letter received from Getty 16-08-2013 - orphan works?
« Reply #2 on: August 19, 2013, 05:03:03 AM »
As I understand it the Enterprise and Regulatory Reform Act won't help you because before using an orphan work you must show that you performed a diligent search to find the copyright holder.

Unless you can documented proof it wouldn't help you.

squid

  • Newbie
  • *
  • Posts: 4
    • View Profile
Re: Letter received from Getty 16-08-2013 - orphan works?
« Reply #3 on: November 25, 2014, 03:19:39 PM »
I got fed up with their letters. In the end I did now even read them just binned them. Nothing happened. Not heard from them in a long while, oh well.

 

Official ELI Help Options
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.