knee-jerk reaction and responded to Getty Images

[bonb]

I had hoped Getty would leave me alone- gosh it's been 10 months!!  
but no the letters, calls, deadlines, emails with attachments- have started coming now from McCormick attorneys-
So I contacted a local patent atty who said Getty is perfectly in their rights to "troll" the internet for their intellectual property-
and that I am getting off cheap to settle now or they could take me to court in the state of their choice!

couple questions!:

1. )  REFERENCES
     Can anyone email me who has used Oscar's $150 letter?
     With that letter has anyone gotten Getty and McCormick to leave them alone-?
   OR   do all of you just wait it out- they want $7500 but may "settle" for $3700.00

2. ) HOW ABOUT THIS IDEA?
     Find someone who did pay for my same exact  pictures-
     and show proof that they paid for them so I could use them!
     (since my webdesigner said they can't find the proof that they paid for the pictures)

3.) I also just did a chat with Getty and the representative told me that if I had taken the pictures down before they found them on my own- they     wouldn't have done anything-
and that Getty pictures have no watermark- to protect it- so someone could have downloaded the pictures as a comp and then used it - that's no protection for their clients-

I asked about finding other pictures myself on my website and they said use www.tineye.com to see if my pictures were illegal-  
or I could also ask the webdesigner web dreamworks in India for the number of the image-
(if I had that - I'd have the proof he paid for them!)

I have emailed Oscar too for a reference- on someone who has successfully
used his $150.00 letter and made Getty go away for good!

  but please email me too privately,  b      [email protected]

[Matthew Chan]

Bonb,

The letter is not a "magic pill" fix and it has no magical incantation written within to make "Getty go away". It only lets Getty know a client is being represented by Oscar and his law firm. There are no guarantees of results but I promise you I have not heard one person regret paying $150 for Oscar's service.  The letter is simply a medium to deliver his message and argument on your behalf. Quite frankly, even if there were a couple of dissatisfied people, you are more than welcome to use another knowledgeable IP litigation attorney and ask THEM if they will give you the time of day for $150.

MatthewC

[Oscar Michelen]

Let me quickly address your questions:

1. ) REFERENCES
Can anyone email me who has used Oscar's $150 letter?This website has been up for nearly three years and reading the posts should be all the reference you need, I would note that I have represented over 500 companies on this issue
With that letter has anyone gotten Getty and McCormick to leave them alone-?Getty and McCormack have not sued more than a few times since 2005 and almost always for more than 20 images
OR do all of you just wait it out- they want $7500 but may "settle" for $3700.00 Anyone who pays Getty that kind of money for a claim over a single image or two is out of their mind in my opinion

2. ) HOW ABOUT THIS IDEA?
Find someone who did pay for my same exact pictures-
and show proof that they paid for them so I could use them!
(since my webdesigner said they can't find the proof that they paid for the pictures)This would be a fraud.  A bad idea and unnecessary since there are many legal and legitimate defenses to Getty's claims

3.) I also just did a chat with Getty and the representative told me that if I had taken the pictures down before they found them on my own- they wouldn't have done anything-
and that Getty pictures have no watermark- to protect it- so someone could have downloaded the pictures as a comp and then used it - that's no protection for their clients- True

[bonb]

Hi,
I am emailing  Oscar next to  thank him for his kind help in this scary expensive Getty settlement demand extortion letter-
and find out how to send the $150.00 letter to Getty on my behalf-
meanwhile- I see on Getty's contributor site some interesting verbage-

Getty has 2 links on their site- here is the transcript of one-
scroll down- it says they find most infringement is unintentional and they "educate" and turn infringers into clients! far from the truth-
we are spreading their horrible ways to all our friends and family- and they rarely sue-!
 
http://contributors.gettyimages.com/article_public.aspx?article_id=889
http://contributors.gettyimages.com/article_public.aspx?article_id=890  tells contributors to register their pics-
http://contributors.gettyimages.com/ (bottom right hand corner link for the article below)
---==============================================
Getty Images policy on unauthorized use (updated)

Thursday November 6, 2008

Getty Images considers the subject of copyright protection of the utmost importance and has an active program utilising a range of measures to deal with the issue.

We are committed to continuing to do all that we can to enforce copyright laws and ensure that both our company and our photographers and filmmakers are compensated for their work.

Getty Images has established a partnership with PicScout which enhances the monitoring and protection of Getty Images collections on the Internet and in over 2,000 magazines throughout Europe and North America. The Image Tracker™ Service enables Getty Images to monitor who is using their images and locate unauthorized uses.

The Image Tracker™ Service is the market standard for monitoring visual assets. The service applies some of the most sophisticated crawling and image recognition technology in the world, and is capable of detecting images even if they have been altered or distorted.

We also employ a team who are dedicated to ensuring worldwide copyright compliance. Their sole task is to protect copyright by tracking and pursuing copyright infringements on behalf of the company and our contributors.

When we find infringements, our experience shows that they are often unintentional. Our policy, therefore is - once the infringement has been settled to our satisfaction - to turn infringements into licenses, and infringers into customers. The process we use focuses on education, informing the client about what copyright is and where they went wrong. Our aim is to avoid legal action but we will not hesitate to use it when the need arises.

We welcome and encourage any individual or organisation with information about suspected infringements to contact us and we will deal with it in the strictest of confidence.

If you have a working relationship with Getty Images, we recommend contacting your Photographer & Filmmaker Services contact.

[mellow6]

I received the letter about a while back for £2,000 for  2 images . One of these was removed months before receiving letter.  No cease+ desist first, just pay up and stop using images. To make site look simple + uncluttered several months before I received the letter I had already asked designer to remove all images except one. All removed several months before receiving the letter except a few thumbnails which (apart from one) are not the subject matter of the letter.  I relied on web person's expertise and have no knowledge of copyright or webdesign etc. I was innocently using images and making no commercial gain. Web designer now cannot be located.  Why would they send me a letter now for this if one of the two images which are the subject matter of the letter had been removed ages ago?  Am in one man business struggling to make ends meet. Even thinking of closing down. If I do can they still chase me? If I close and don;t receive their letters can they still serve proceedings and enter judgement in default without my knowledge? (Feedback from any UK lawyers who can defend us for innocent infringement may also be useful here.) Have a .co.uk site. Based in UK. Some say don't contact them and some say write to them!  Can I employ your services  Oscar if  I think it drags on as I cannot get hold of anyone at limeone here. It's most frustrating. The media here does not take up the story for fear of 'reprisals' from getty as they use their photos. Government agencies don't really want to know and say it is a civil matter. Who is doing anything in the UK to protect us small businesses? Has the FSB done anything on behalf of us? I don't think so.....just conflicting advice on many forums and no real lead as to what is the normal process. People say they wont take anyone to court for less than 20 images so why did they take a haulage company to high  court in UK in 2009 for one small image for which they originally claimed £1900?  £20k costs settled out of court. Getty in its letter acknowledges that we may not have known of infringment so but that I am the end-user. They are taking advantage of our innocence and demanding payment.  Surely that cannot be just and equitable?  Does anyone else have any updates if UK based?

[bonb]

Hi Oscar,

Thank you so very very much - being here- and thank you in advance for helping me-

I am in the process of divorce, have a special needs adopted son, and work in a unique adoption field -
with only good intentions-  I got the demand letter-and tried to ignore it - but  now contact from the atty at McCormack-

I dooooo I dooo want your letter for $150.00 and  help!!
 sorry to be a pest- I did email you and totally understand you are very very busy-
 I do want to  request your letter of help!

 I just want to confirm you will help me and that
you got the email!

and hope I can send my attachments to your email address? - and
instructions on where to send the $150.00

and what to do next!

thank you thank you thank you!

Warmly,
Bonnie
[email protected]

[Oscar Michelen]

Sent you the info today, I look forward to working with you on this.

[bonb]

Yeaaa! thank you I got the email
and already sent you back a bigggg thank you!
and credit card info
and doucments-

thanks! again-
warmly,
Bonnie

[Oscar Michelen]

As both Matt and I have repeatedly stated, the UK situation is very frustrating, but I cannot represent you in the UK regardless of how much I would like to help you out. We need someone over there with some b-lls!

[Oscar Michelen]

great bonb that should be the last we hear of them!