Collection phone calls from collection lawyers

[Robert Krausankas (BuddhaPi)]

Actually, after I finished the last post I thought I would just go ahead and share the letter I sent.  Perhaps someone who just got a letter can use it as a reference to help them if they choose to respond to GI. 

 Okay, I think I need your help BuddhaPi.  Is there a way to insert a word doc here so that it keeps its formatting?  I will post the letter once I figure out how.

No way to do that, that i'm aware of, you'll probably lose the formatting..sorry i'm not to helpful today..

[Activated]

My situation is with HAN. They sent me the copyright # and a signed copy from the artist giving them rights. But.. It seems like everyone on the forum has the same copyright reg # as the photo in question on my site. Is there a way to find out if the photo is actually included in the mass copyright? I suppose I should ask them to prove to me that the photo is indeed included?

[Moe Hacken]

Activated, that's a question I've been asking too. Your image is included in some kind of cheesy bulk registration under the title "Hawaii 2002" or something like that. How are we supposed to know a specific image is included in that registration? There are also questions about whether such a sloppy method entitles them to the full monty of copyright protection.

[Greg Troy (KeepFighting)]

Actually, after I finished the last post I thought I would just go ahead and share the letter I sent.  Perhaps someone who just got a letter can use it as a reference to help them if they choose to respond to GI. 

Here is the letter:

Yeah, We Do That.
XXXXX XXXX XXXXXX
Mason, Ohio 45040

Gregory A. Troy            (XXX) XXX-XXXX
Owner

April 25, 2012
Getty Images
605 5th Ave South Suite 400
Seattle, WA 98104

Case# XXXXXXXX

Dear D. Bieker:

I am writing in response to your letter dated April 16, 2012.  I believe that we are fundamentally disagreeing on this issue.  I still wish to settle this matter amicably between us. You have sent me a letter alleging copyright infringement; I have sent you my information regarding the image.  Before we can continue with further discussions I need the following information from you as you are presenting me with
a Settlement Demand but no documentation supporting your claims or the amount requested.

1)   I need to see verification that the image was filed with the U.S. Copyright Office 
2)   Verification that the copyright is either for the individual image or a group of images.
3)   I need a copy of the signed contract, assignment or other documentation between Getty Images and the artist transferring copyright and giving you exclusive rights to the image as you have stated in your letter.
4)   Sales history and records of this image and prices received for the image.

I have gone to your website and searched for images similar to the image in question and found you have literally hundreds available ranging in price from $10.00 to $25.00 for the size of the image. As I stated earlier I would like to settle this matter amicably, even though I still firmly believe that I do not owe Getty anything. As a good faith effort to attempt to resolve this matter I will offer Getty Images a total of $75.00, which is 3 times the amount charged for similar images.  Also, in both of your letters you demand settlement within 14 days, I will not now nor will I ever be rushed into any decisions and will always take a reasonable amount of time necessary to research, consult and decide my actions before I respond to any letter. 

Whether you choose to accept my offer or not I do require that you provide all of the documentation requested providing proof of copyright, contract and sales history.  No monies will be paid without full and complete documentation.

You have it in your power to resolve this issue and get on with the work of protecting your client’s rights from those who are willfully and knowingly taking and using images. Again, thank you for taking the time to consider this matter and I hope you will accept my offer and then consider the issue closed as I do. I await your response.

Respectfully,

Gregory A. Troy
Owner
Yeah, We Do That.

[Oscar Michelen]

The issue of bulk registration has so far always been decided in favor of our position - that is, that it does not provide protection to the individual images within the bulk registration. We are waiting for the Ninth Circuit (Appellate Court covering the West Coast, Hawaii and Alaska) to decide the issue on appeal.  Just yesterday, all our papers were submitted in the California case Masterfile v. Chaga where we made the same argument.  Part of the argument is that the purpose of registration is so you can locate copyrighted works to avoid infringing them.  These compilation registrations don't list the names of the photos or even all of the photographers most time.  The Copyright Office has been letting the digital image warehouses to just upload CDs with thousands of images on them. 

[Moe Hacken]

My situation is with HAN. They sent me the copyright # and a signed copy from the artist giving them rights. But.. It seems like everyone on the forum has the same copyright reg # as the photo in question on my site. Is there a way to find out if the photo is actually included in the mass copyright? I suppose I should ask them to prove to me that the photo is indeed included?

Activated, it wouldn't hurt to ask, but they may take a page from Getty's book and respond that they will do so during discovery if they're "forced" to drag you into a court to extort money from you.

The only place I've seen a detailed description of the contents of one of VKT's collections is from an actual lawsuit filed in California. Matthew Chan placed it on Scribd some time ago. The list of the contents of the "Hawaii 2000" collection starts on page 10 of this document:

http://www.scribd.com/doc/92173102/Hawaiian-Art-Network-vs-The-Scott-Complaint

Oscar mentioned the questions that have been raised about the bulk registrations' validity or lack thereof. When the Ninth Circuit decides on the issue, and if they continue the present trend invalidating these ridiculous mass registrations, you will have been granted a legal pass on any claim for statutory damages.

Thousands of wallpaper sites seeding the images followed by hundreds of images registered under one number. Not only does VKT's trolling appear to be sloppy and lazy, it appears to be so in a grand scale.

[Moe Hacken]

After this previous post I realized I hadn't read all of the HAN complaints Matthew posted on Scribd. This other one lists the contents of another VKT lazy boy bulk registration named "Hawaii 2006":

http://www.scribd.com/doc/92173058/Hawaiian-Art-Network-vs-MND-Events-Complaint

Thanks for posting those, Matthew! Those are very helpful as we reverse engineer the perverse scheme HAN and VKT have been weaving.

Darn it, where's Glen Carner when we need him? We forgot to ask him about mass registration of massively distributed wallpaper images. Surely he has an opinion on the topic.