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Author Topic: 2 Clients with Getty Letters  (Read 8907 times)

t-agency

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2 Clients with Getty Letters
« on: April 26, 2012, 09:53:04 AM »
I've been reading the forums and would like some feedback on my situation.
We have 2 clients that received letters, one had 1 image infringement and another client had 2 images according to Getty. We called Getty on both and they weren't interested in negotiation on either, and as I saw in the forums once they know there's another party involved they're typically even less interested in negotiation.

Ques. 1: what is the pt. of Oscar's letter defense program? Is it to help negotiate a settlement, or what? My concern is that I pay for the letter and still end up paying a large enough price to Getty at the end of the day that I would have been better off just paying them their ransom.

My hope/goal with Oscar's letter would be to get a lower settlement or better outcome than paying Getty outright for their ridiculous request;--just don't want to end up paying the letter fee plus Getty and end up worse financially.

Any advice appreciated. Also, does any of the approach/strategy change here since these are clients?

Robert Krausankas (BuddhaPi)

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Re: 2 Clients with Getty Letters
« Reply #1 on: April 26, 2012, 10:00:33 AM »
As you stated Getty won't want to deal with you on this, they will want to deal with your clients. In essence your clients would have to hire Oscar, and them you would / could reimburse them. The letter he drafts will get getty off your clients back, and they still won't accept a low-ball offer, but it puts the ball firmly on their side. The whole point of this forum and Oscars' letter is to not pay what they demand, but rather perhaps pay a reasonable amount. Getty however is not reasonable. Chances are good if your clients hire Oscar, it will go away..albeit after the 3 years SOL. In my case which is a bit different, I had Oscar draft the letter and never heard anything back for a long time, until they did come back with a "reduced settlement amount" which I quickly declined. I am now nearing the end of the road and feel fairly confident i will not here from them again.

I have also had clients receive the letter for images they supplied to me as their web developer. Even tho I was not responsible I suggested they hire Oscar and I credited them back, so in the long run it did not cost them anything except a little time and aggravation.
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

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t-agency

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Re: 2 Clients with Getty Letters
« Reply #2 on: April 26, 2012, 10:03:50 AM »
That's great feedback, Buddhapi. Thanks!

Peeved

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Re: 2 Clients with Getty Letters
« Reply #3 on: April 26, 2012, 02:27:10 PM »
Yes, thanks Budd for the post! I knew you were nearing the end of the road and I have been wondering if you had heard from them after Oscar's letter. It is very interesting that after all this time they still tried to squeeze you for something! Good for you for declining!

Please keep us posted after the statute is offically over.
« Last Edit: May 07, 2012, 08:11:44 PM by Peeved »

Robert Krausankas (BuddhaPi)

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Re: 2 Clients with Getty Letters
« Reply #4 on: April 26, 2012, 03:31:26 PM »
Yes, thanks Budd for the post! I knew you were nearing the end of the road and I have been wondering if you had heard from them after Oscar's letter. It is very interesting that after all this time they still tried to squeeze you for something! Good for you for declining!

Please keep us posted after the statue is offically over.

Hahahaha Peeved, I may even have a "Very Special Announcement" when my day arrives...3 years is a very long time to be pissed, and I've been pretty civil up to this point..you might even want to wear the butt hurt hat just to protect yourself....just sayin'
« Last Edit: April 26, 2012, 03:39:42 PM by buddhapi »
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..

Matthew Chan

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Re: 2 Clients with Getty Letters
« Reply #5 on: April 26, 2012, 11:22:45 PM »
I think it would be quite stupid to go after an ELI Defense Team Member. We take care of our own.

Sort of like how some lawyers threatened to go after Oscar last year for making a public stand against them. I was prepared to set off some serious fireworks with the Bar Associations, AVVO, Google, etc. against those lawyers should that have happened.

Fortunately, they knew to back down when they realized they were in a bad position.

Hence, going after Buddhapi would get so much attention against whomever had that job of coming after him, it would be a life mission to put them down. It would be a mistake they would live to regret.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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Re: 2 Clients with Getty Letters
« Reply #6 on: May 06, 2012, 08:29:57 PM »
@Matthew, I really appreciate this, it's nice to know you and the community would have my back..I'm high hanging fruit, I suspect the trolls probably don't like me to much, not to mention the lawyers they retain..For what it's worth, the letter I received was dated May 7, 2009, which by my calculations, gives them a few hours to file suit, and it's sunday so I think it's safe for me to say that Getty Images and their trolls can kiss my big white hairy ass!!... I would imagine they will read this and probably release a sigh of relief knowing I will be out of their hair...but au contraire, I'm not going anywhere, I'll still fight for the cause and continue to throw these ass-hats under at the bus!

I think it would be quite stupid to go after an ELI Defense Team Member. We take care of our own.

Sort of like how some lawyers threatened to go after Oscar last year for making a public stand against them. I was prepared to set off some serious fireworks with the Bar Associations, AVVO, Google, etc. against those lawyers should that have happened.

Fortunately, they knew to back down when they realized they were in a bad position.

Hence, going after Buddhapi would get so much attention against whomever had that job of coming after him, it would be a life mission to put them down. It would be a mistake they would live to regret.
« Last Edit: May 07, 2012, 03:55:25 AM by Matthew Chan »
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..

Mulligan

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Re: 2 Clients with Getty Letters
« Reply #7 on: May 07, 2012, 10:47:22 AM »
Getty Images and McCormack have to put a cork in it once the three years are up. Those of us bothered by these folks, however, don't have a three year statute of limitations. We can continue for the rest of our lives to identify and poke fun at and share experience and information learned to help others avoid paying these extortionists, if we feel so moved.

I'm like Buddhapi... I do feel so moved.

Lettered

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Re: 2 Clients with Getty Letters
« Reply #8 on: May 07, 2012, 11:53:53 AM »
Congrats on passing the 3 year mark Buddhapi!

. . . and well said Mulligan.  My time was up some time ago and I still pop in from time to time.  It pains me to see some of the folks who arrive here in varying levels of curiosity and panic . . . hopefully those of us who rode out the "storm" are some comfort to them.

Jerry Witt (mcfilms)

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Re: 2 Clients with Getty Letters
« Reply #9 on: May 07, 2012, 04:17:40 PM »
Congratulations BuddhaPi!

Now you can share your true feelings about what these troll-clowns are doing and help others with their problem without fear of repercussion.

Oh wait, you've been doing that anyway for the last 3 years and around a thousand posts. Still, I'm sure you're feeling good and dancing somewhat like Peeved illustrated. Only better.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

stinger

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Re: 2 Clients with Getty Letters
« Reply #10 on: May 08, 2012, 09:00:45 AM »
Congratulations Buddhapi!  And thanks again for all the help you supply to newbies like me.

Moe Hacken

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Re: 2 Clients with Getty Letters
« Reply #11 on: May 08, 2012, 05:22:12 PM »
I second Stinger's motion. Congratulations and thanks, Buddhapi.
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Greg Troy (KeepFighting)

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Re: 2 Clients with Getty Letters
« Reply #12 on: May 15, 2012, 02:45:16 PM »
Congratulations Buddhapi!  I'm glad you are past the three years now.  I feel the same as you and Mulligan, even though I am only a a couple of months in to my three years I plan to continue to educate myself and stick around long after my three years and help out whereever and however I can.  Congrats again, I'm very happy for you!
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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