Here we go! Got my letter!

[Robert Krausankas (BuddhaPi)]

we understand the stress associated with veiled threats of litigation, make no mistake we take this very seriously, while at the same time interjecting some humor whenever possible, especially at Getty's expense!, Once you get passed the stress part, you'll become pissed, and you'll get thru that as well..we've all been there at some point...as much as I seem to joke and poke fun at these a-holes, truth of the matter is  that it still pisses me off to no end..hence i'm still here fighting the good fight....plus peeved is here too 

[Greg Troy (KeepFighting)]

Not quite, I had several letters of correspondents between Getty and myself which are all available for viewing in the Experiment Against Getty thread but the last letter that I received from Getty was there threat saying that they were going to escalate this to their legal Department. I responded with this letter:

http://www.scribd.com/doc/103914504/1-8-Letter-to-Getty-07-03-12-Redacted

Included with that last letter was a letter that they would have to include to NCS collection agency should they try sending it there which would kick it right back to Getty and I also launched a complaint letter campaign against them filing complaints with the Washington state Attorney General's office, the Ohio State Attorney General's office, the Washington state Better Business Bureau, my Congressman, my Senator and the FTC.

Also included in my letter was a promise that they should pass along to their outside counsel Timothy McCormack that if I should receive so much is one word from Mr. McCormack or any of his paralegals without all the proof that I had reasonably been requesting that there would be complaint letters filed against Mr. McCormack with all of the same agencies listed above as well as the Washington, Idaho and Oregon State Bar associations where Mr. McCormack is licensed to practice.

There are also copies of all of my complaint letters, Getty's responses in my replies to their responses available in the thread mentioned above as well. After I sent out these letters and became a major time suck and pain in the asked to Getty I have not heard a word from them since their last letter saying they were going to escalate nine months ago. Also immediately after my campaign started in they saw I meant exactly what I said my online claim status with Getty changed from click continue to make payment or something like that to the status of This Claim Is No Longer Available for Online Payment . It still says this today, which is why the consensus is they are done with me as they would have a hard time taking me to court and demanding money when they have made it impossible for me to settle the claim should I ever take a hard hit to the head and be stupid enough to want to.

Getty also reads these forms and they know that should I hear anything from them I am now prepared to do far worse than I did before and am prepared to do it at a moments notice as I have complaint letters ready to go which I update with new information whenever I find it as well as a means now to have them hand-delivered personally bypassing the interns and secretaries, to my Senator, Congressman, FTC and possibly the Washington state Attorney General and the Congressional research service.

Now you see why Robert and Matthew lovingly call me "FreakShow". I don't take kindly to extortion and I fight back hard

I'm guessing Greg that you were escalated and started getting letters from their attorney, and then you started getting letters from a collection agency ....?  And that is where you are now .... wondering what will be in mail, tomorrow...?   

If you all joke around that is fine by me.  Eases the stress of the situation.     

And I really do appreciate your replies, attention, and support ....  !!!!!

[odisey]

Well Greg you've given me some things to think about.  And options to pursue.  I have a PC guy who has some software that may be able to scan my crashed drive for the template and licence should they be there.  I would like to work out all options, but I feel strong armed to respond to Getty with money in unreasonable time frames.  For example, I have until the 24th to pay $820.00 or the deal is off.  It is difficult to meet their deadlines.  For example, they mailed my first letter January 5.  I did not get it from post office until January 17 - leaving me 2 days to panic and react (14 days). 

I think I may go the complaint route .... They should provide info that they do have rights to the image if they request that I in turn provide proof I have a license to display it.

And, aren't they totally clogging up the jurisprudence system in Washington for $1000.00 cases?  Can the court there handle the demand, and do they want to try to handle the demand?  Seems to me hundreds of people would be dragged to court there monthly - maybe more.         

         

[Greg Troy (KeepFighting)]

The complaint route seems to work, but make sure you don’t threaten anything that you are not truly willing to do or they will see you don’t mean what you say and continue to harass you.

Don’t worry about the deadline, it is designed to do exactly what it is doing to you now and make you panic, it means nothing plain and simple.  It is not for you to prove your innocence, it is for them to prove your guilt and it sounds like a de minimis case at best (I am not a lawyer and Oscar may tell me I’m wrong) and Oscar recently shared a wonderful case Davis v. The Gap where it said that de minimis is not infringement at all and tossed it out.  You bought the template, even if not the license, believing that any pictures in the template were part of the fee.

Again, Getty has never sued anyone in the states over one image.  The last case they fought was Getty v. Advernet filed Mar 2009 and settled in June 2011 which was over 35 images, Getty was suing for 24k plus legal fees.  They won this case by default when Advernet could no longer afford to fight.  The court looked at the testimony and evidence presented in the trial thus far and ruled that Getty would get no monies as there were issues with every single registration  negating them from being able to collect anything.  This is why Getty will not provide proof of claim because they don’t have any on the vast majority of their images.

Look at my letters and use them as guides, do not copy them or sections of them as Getty will spot it and call you on it, they most likely remember them all too well.  They did call someone out for coping parts of one of Matthews letters so they know and keep tract.

Well Greg you've given me some things to think about.  And options to pursue.  I have a PC guy who has some software that may be able to scan my crashed drive for the template and licence should they be there.  I would like to work out all options, but I feel strong armed to respond to Getty with money in unreasonable time frames.  For example, I have until the 24th to pay $820.00 or the deal is off.  It is difficult to meet their deadlines.  For example, they mailed my first letter January 5.  I did not get it from post office until January 17 - leaving me 2 days to panic and react (14 days). 

I think I may go the complaint route .... They should provide info that they do have rights to the image if they request that I in turn provide proof I have a license to display it.

And, aren't they totally clogging up the jurisprudence system in Washington for $1000.00 cases?  Can the court there handle the demand, and do they want to try to handle the demand?  Seems to me hundreds of people would be dragged to court there monthly - maybe more.         

       

[rock]

check this link:   How to STOP Getty images settlement demand letters - Cease All Communication
 http://www.extortionletterinfo.com/forum/getty-images-letter-forum/how-to-stop-gettys-employees-harassment/msg10705/#msg10705

[Mulligan]

Would it be a good idea to sticky the thread Rock just posted above? It's definitely a good summary for new recipients of the Getty letter.

[odisey]

Well guys I asked them to provide their proof that they hold the copyright or signed documents from the author giving them rights to demand .... otherwise cease all communication.  I added that without such proof, any communication will be considered harassment and I will file harassment cases against them, their employees, and their representatives.

The reality is I was initially battling with whether this claim was not only legitimate, but if it was actually Getty.  I've seen so many stories about scammers and the lengths they go to rob people.  Realistically, how can you or anyone respond to their demand of 'pay me on the internet' with no proof of who they are 'first' and that they actually have rights to demand 'second' in 14 days?  Well, in one day in my case since I get the mail twice a month from the box.   

Next ...... avoiding the summons ...... If they decide they want you, be sure not to forget the predicament you are in for the three years. 

I am not a lawyer, of course, so I can only suggest you speak with one if necessary - there seems to be availability of representation here.  But, it is my believe that if you are NOT served then there can be no hearing, and if there is no hearing there is no case.  So ... no certified mail is accepted for three years.  After 15 days of the notice in your box, it is automatically sent back to sender ... I think. 

 

[Robert Krausankas (BuddhaPi)]

IF they were to serve you, it has to be done in person, not certified mail...they actually have to pay someone to do this, usually an off-duty cop or deputy...keep in mind Getty has NEVER filed for 1 or 2 images...you case is no different from the thousands of others, so it's unlikely they would select you to be an example...

[SoylentGreen]

Buddhapi is correct on both points.

However, you should be aware that rules vary from state to state and province to province as to what might be considered to be a successful delivery of legal papers (service).

Generally speaking:

Personal delivery by a "process server" is the gold standard for delivery.
Be aware that it needn't be passed from the server's hand to your hand.
For example, imagine that you were approached in public by a server and he/she asked if you were "John Doe".
You might respond in the affirmative, at which point he/she would hand an envelope to you.
But, even if you did not take the envelope, he/she could simply drop it at your feet, and say "you've been served".

It's sometimes difficult to duck service to a workplace.
If a server can find out where you work, he/she may approach someone in charge, and ask if you work there.
He/she may then give the document to that person to give to you.

In some places, regular mail is an acceptable form of service if the document isn't sent back "return to sender" within a handful of days.

Email is a really crappy way of sending legal documents.
If you receive documents by email (or even Facebook), and you respond at all, an argument may be made that you've read the documents in question.

Some will just shove the envelope in your door, or mailbox.
This can work if they can prove that you do in fact reside there, or if you respond.

In some states, the rules are fairly strict as to what constitutes service.
In some Canadian provinces, all that needs to be proven is that the person read the documents, and/or was aware that they were being sued.

Protip: watch the online court docket for your state and province.
If you've been sued, it'll appear on there.  Expect delivery within the next business day to three weeks.

Evading a lawsuit can actually work, in spite of the impression that process servers prefer to give, which is "you can't hide, and we'll get you every time".
While resources are certainly available to track people down, it's actually very, very expensive to do so.
But, it can be quite stressful, as you'll feel that you're always looking over your shoulder.

Having said all that, lawsuits are very rare, especially in the case of Getty and relatively minor infringements.
Most folks here don't recommend ignoring these issues, and letting things snowball into bigger problems.

A final thought.  Even if you can't work things out at first, it's never too late to negotiate a settlement even if a lawsuit has been filed.
Nobody (even the trolls) want to risk going to court.

S.G.

[Oscar Michelen]

I see no reason why your case will be the first one of this nature Getty puts into suit. Keep track of the statue of limitations date - 3 years from the date on the first Getty letter your received is the safest starting point.