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Author Topic: Newbie to the club  (Read 16035 times)

Surfrider

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Re: Newbie to the club
« Reply #15 on: April 29, 2012, 01:13:35 AM »
Yes, certainly intend to use proper citation.  :)

Greg Troy (KeepFighting)

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Re: Newbie to the club
« Reply #16 on: April 29, 2012, 10:06:57 AM »
Please keep us posted as to Getty's response.  It will be interesting to see what they say.
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.

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maccaz

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Re: Newbie to the club
« Reply #17 on: April 29, 2012, 05:54:57 PM »
Since it was in development both sections of that page and the images were removed long before we got the letter.

Sorry to hear you have been dragged into this mess. I took down images from a website after I realised they were from google images and after research some were from stock companies. I took mine down nearly a year ago and no sign of a letter yet. So Im wondering how long had your images been down before your letter arrived.

I just want to stop thinking that I might get a letter. The site is off deleted from the waybackmachine

Many thanks

Surfrider

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Re: Newbie to the club
« Reply #18 on: April 29, 2012, 07:15:36 PM »
Within ten to fourteen days. I just had turned it on to do a demo and get some feedback on the layout, left alive too long. Plus I also just enabled xmap for a site map for google web tools and I suppose that made it more visible. I obviously went back and disabled that and removed the reference file for the google web tools and remove the web tools link to the site until I'm ready, as that was too soon to enable that with the site not ready.

maccaz

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Re: Newbie to the club
« Reply #19 on: April 29, 2012, 11:24:02 PM »
Hey surfrider

do you mean the images were only up for 10 to 14 days? Or the images had been taken down 10 to 14 days before the letter arrived? In your initial post you said the images were down quite a while before the letter arrived. I was wondering how long before the letter arrived had you removed them from the site? Was it a few months after you removed the images that the letter arrived?

thanks again  ;)

Surfrider

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Re: Newbie to the club
« Reply #20 on: May 01, 2012, 09:37:00 PM »
Best I can estimate I left the site online for about 10-14 days. I should have taken it back offline within a few days but I forgot. I had been working on the changes in the background, then took it offline removed the old content and reloaded new content. All the old articles and images related to that design were removed at that time from the server. I have a habit of keeping the server public side clean.

I believe it was about 2-3 weeks later we got the letter.

Jerry Witt (mcfilms)

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Re: Newbie to the club
« Reply #21 on: May 02, 2012, 05:01:59 PM »
How I would handle this:

Explain to them very clearly that this was a development site and was never intended to be public-facing. The images were F.P.O. (for placement only) while you waited for approval. Point them to the video of the Getty CEO stating that they are fine with people using their images in such a way. Tell them you purchase stock footage from stock companies, but you will not be extorted for something the head of their company himself is a legitimate use.

Ask them to please clarify their position. If they insist on continuing on their present course you will have to cease doing business with Getty and their affiliate companies and escalate this issue to the CEO of Getty and ask him to clarify the company's position.

That ought to get everyone over there squirming.
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.

Robert Krausankas (BuddhaPi)

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Re: Newbie to the club
« Reply #22 on: May 02, 2012, 05:12:17 PM »
I can see those troll like intern clerks, looking very confused when you mention Klein, they probably don't even know his name, being the bottom feeders they are..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

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Matthew Chan

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Re: Newbie to the club
« Reply #23 on: May 03, 2012, 02:03:35 AM »
Very nice customized and high-credibility approach.  I like it. Too bad most of the hourly collection clerks might be too stupid to know any better unless it gets escalated to Lisa Willmer.

How I would handle this:

Explain to them very clearly that this was a development site and was never intended to be public-facing. The images were F.P.O. (for placement only) while you waited for approval. Point them to the video of the Getty CEO stating that they are fine with people using their images in such a way. Tell them you purchase stock footage from stock companies, but you will not be extorted for something the head of their company himself is a legitimate use.

Ask them to please clarify their position. If they insist on continuing on their present course you will have to cease doing business with Getty and their affiliate companies and escalate this issue to the CEO of Getty and ask him to clarify the company's position.

That ought to get everyone over there squirming.
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.

Jerry Witt (mcfilms)

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Re: Newbie to the club
« Reply #24 on: May 03, 2012, 12:49:34 PM »
This is where you could really make use of a petulant voice, "I don't have time for this. Let me speak to your superior." If you just keep driving this point home and forcing this up the chain of command, I am certain they will back off this. (As long as what you said about the time frame and the use is accurate.)

If it were me I would drive it all the way to get Jonathan Klein on the horn. I would record everything and let them know you were doing so. I would also spend some time reporting what was happening back to TechCrunch. I know the prospect of paying hundreds of dollars for a simple mistake is scary, but you are in the unique position of being able to really have fun* with it.

*If your idea of fun is making the CEO og a copy-troll company clearly define his company policy and either reverse himself or scream his head off at the minion who decided to pursue this non-issue.
« Last Edit: May 03, 2012, 12:51:12 PM by mcfilms »
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.

Surfrider

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Re: Newbie to the club
« Reply #25 on: May 03, 2012, 01:10:49 PM »
Without disclosing much at this point, mc our minds were running on a similar path. :)

Jerry Witt (mcfilms)

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Re: Newbie to the club
« Reply #26 on: May 03, 2012, 01:16:14 PM »
This is where you could really make use of a petulant voice, "I don't have time for this. Let me speak to your superior." If you just keep driving this point home and forcing this up the chain of command, I am certain they will back off this. (As long as what you said about the time frame and the use is accurate.)

If it were me I would drive it all the way to get Jonathan Klein on the horn. I would record everything and let them know you were doing so. I would also spend some time reporting what was happening back to TechCrunch. I know the prospect of paying hundreds of dollars for a simple mistake is scary, but you are in the unique position of being able to really have fun* with it.

*If your idea of fun is making the CEO of a copy-troll company clearly define his company policy and either reverse himself or scream his head off at the minion who decided to pursue this non-issue.
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.

Matthew Chan

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Re: Newbie to the club
« Reply #27 on: May 03, 2012, 07:54:43 PM »
Again, I like this.  Although, I am not so sure I could muster up a petulant voice given my quiet and demure demeanor.  ::)

This is where you could really make use of a petulant voice, "I don't have time for this. Let me speak to your superior." If you just keep driving this point home and forcing this up the chain of command, I am certain they will back off this. (As long as what you said about the time frame and the use is accurate.)

If it were me I would drive it all the way to get Jonathan Klein on the horn. I would record everything and let them know you were doing so. I would also spend some time reporting what was happening back to TechCrunch. I know the prospect of paying hundreds of dollars for a simple mistake is scary, but you are in the unique position of being able to really have fun* with it.

*If your idea of fun is making the CEO of a copy-troll company clearly define his company policy and either reverse himself or scream his head off at the minion who decided to pursue this non-issue.
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.

Mulligan

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Re: Newbie to the club
« Reply #28 on: May 04, 2012, 10:51:53 AM »
... I am not so sure I could muster up a petulant voice given my quiet and demure demeanor.  ::)

That's like calling Hurricane Katrina a gentle spring shower! :)

 

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