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Messages - Sandy443

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1
Getty Images Letter Forum / Re: Received a Getty Demand Letter, part 2
« on: February 22, 2013, 07:38:23 PM »
I too got a second Getty letter.  They had responded to my request for proof of their claim, their contractual rights to claim, their inflated dollar request etc etc. ALL smoke screens and bla bla bla.  I decided I do not have the time or the "edge" or knowledge to respond again and continue to play the game.  I contacted Oscar and asked him to prepare a letter to Getty.  Wow, I am 150% ok maybe 200% relieved- ok 1000% happy I did it.  He sent such a comprehensive, tight letter and truthfully I consider the issue a dead one and so does Oscar.  I had one image Getty was asking for about $1200 for.  Slam dunk.  Thank you Oscar you did an Spectacular job!!!

2
Getty Images Letter Forum / Re: Help from the Eli Community Needed
« on: February 07, 2013, 11:10:00 PM »
Greg, Count me in for the minimum $25. 
Sandy

3
EVERYONE, thank you for your input and time and bluntness-which I appreciate.  I am clearly new on the block and getting my feet wet, doesn't truly describe it but what the heck. 

So I am totally in agreement, it's my responsibility to do my own leg work and get the information especially since it is all here.  The problem I had right off the bat, wanting to read the entire Forum and get the info, after reading 90% of posts all the way through starting a few years back and working my way forward in time.....I gotta go to work and sleep, oh yah and eat and other things. I started in the older posts and there was a bunch of UK stuff there which I read and didn't realize they did not pertain to the U.S. until later.  My eyes bugging outta my head I took a stab at the letter. I didn't read far enough forward I guess. 

So my two cents worth concerning the website and forum, yeah totally do some sort of FAQ or Capsulized info page.  Cuz, damn, there is a LOAD... tons of info and for a new person who really wants to take a stab at their first letter, it's a lot to have to pour through 36 pages of posts.  Huge.  That said, it's totally a wonderful asset, it's just really really big.  Thank you to all who made it possible and yes I'm going to put my money where my mouth or mouse is. 

OK, now, I've rewritten a new draft letter.  You'll be proud, I HOPE!  I don't really want to post it here yet, mainly cuz I don't want Getty to read it ahead of time.  Any volunteers, I can email it to for a review?  It's just one page.
Thanks

4
OK got it.  The picture is getting clearer.

5
Can I say in general terms the image was unmarked from the third party source it came from and I had no idea it was copyrighted.  (Lame)

Then put the burden on them to prove to me, how they calculated demand amount, to produce the proof of registration?

If I used the image on a business website regardless even though it was not for promotional purposes or advertising....it's still a business and there is no way to separate any image's purpose inside the business website? 

So are you saying there are no defenses that will result in paying nothing.  I'll have to pay something but it may be very little if the copyright is not registered?


6

Here is the draft 1st response to Getty--

I received the Unauthorized Use Demand Letters dated November 27 and December 29, 2012 (the “Demand”) concerning Catalog Image xxxxxx.  

I have never received such an fraudulent masquerading request.  Pardon me if I took some time to understand exactly what you are demanding.  Please note I have removed the image I acquired from Google Images and will replace it with an image I produce.

 I acquired my image from Google Images not from Getty Images.  Please provide proof the actual image I used from Google Images, having no watermark, no price or disclaimers or warnings or notices of ownership, belongs to Getty Images.  There was nothing to indicate the image from Google Images was NOT public domain therefore I did not take anything from Getty Images. 

I do not advertise my business at all.  Not on the web nor in any manner.  My business is not in the phone book.  My business is 99.99% based on referrals. I don’t have to promote or market my services.  I have physicians who refer their patients to me.  Rarely someone walks in from the street and becomes a client.  The referrals come due to the tangible visible changes to a client’s body and elimination of client pain not because of a Ladder image from Google Images in one blog post.  The image was used for education purposes on my website in a article.  The Google Image of the Ladder was used to make an analogy about human body biomechanics demonstrating the position of human load bearing joints should be optimally positioned, like that of a ladder. 

Based on my use of an unmarked Google Image, I did not use unauthorized property of Getty Images nor have I harmed them or their associates.  I am sorry Google Images  posted unmarked images for the public domain that you have paid photographers for and are now attempting to license.  This matter and Getty Images case is now closed. 

7
You're saying the Copyright office doesn't have it registered under his name or the collection name but it could be registered to some other label/wording?  But wouldn't it have to include his name?  If my name were Sandy Smith, I could register a photo under some other name?  Sandy Jean Smith?

8
Here are the answers to the data gathering questions...Thanks so much again:
Is your blog hosted in the US.   yes

Have you looked the image number up in the Getty catalog? 
Yes,  Here is the link to the image in their catalog
http://www.gettyimages.com/detail/photo/man-standing-on-ladder-cutting-rose-bushes-high-res-stock-photography/sb10068280c-001

It says License Type: Rights - Managed

Can someone on the forum look up the registration?

We can also look into similar images-- which we will want to do.
Not sure why we'd do this?

Do you know if you hotlinked the image or hosted it on your server?

I was unfamiliar with the term hot linking.  After finding out, no I didn't hot link to the picture.  I used Google Images to find a picture of a ladder (there are bazillion).  As mentioned, there was no water mark or catalog numbers or anything foreboding like prices and license info.  I use "Snag It" to copy my client's posture photos, before and after the therapy to add to my site. Unfortunately when I got the first letter I immediately deleted the image AND deleted the paragraph(s) that referred to it.  I remember the essence of what I was talking about but the language got deleted too!  I can see Getty has a screen capture of the image and language but the text is so tiny, no way I can read it from what they sent.

I am a therapist providing a niche therapy - essentially it is a method of Posture Alignment that is a customized exercise based, highly specialized therapy not covered by insurance.  There is a specific profile of client, the kind who does not want surgery or drugs and has tried all that there is to try out there with no success.  Mostly they are pretty motivated to do what it takes and it is hard work.  By that I mean, the exercises are easy but the motivation to do them can be a problem for many.  It is 100% the client's responsibility to do their exercises each day and to do them precisely and to return in 2 weeks for reassessment of progress and a new or modified set of exercises.  They mostly do 8 sessions or 16 or just keep going, depending. So compliance is key, it is a make or break proposition. Follow the program and succeed or don't and nothing will change.  SO.....that said.... I do zero advertising, I am NOT in the phone book.  I am not looking to SELL or promote my services because it is a big waste of time, the wrong kind of person shows up. 

99.99% of my clients come from referrals.  Anyone who comes in off the street (I have a small store front) never comes back and signs up-they are kicking the tires and aren't desperate like most of my clients. My front door is locked 65% of the time.  My clients are astounded by the results and they tell others.  Some of  those people check out my website to get more information. 

The website blog is there to help people understand how the therapy works.  The ladder comes into play because it is an image I use to draw analogies between the human body and the shape of a ladder.  The therapy is based on the fact that all humans (except 5%) were born with an original blueprint design.  All load bearing joints are lined up vertically and level horizontally.  Because muscles move bones, over time injury and many other phenomena, muscle tension becomes imbalanced and pulls bones and joints out of their original proper position.  The therapist knows where the causes are and the posture therapy stimulates targeted muscles and areas to work properly again and the muscles will return joints and structure to the correct position. 

The ladder image was used to help the reader understand that the ankle, knee, hip and shoulder joint must be aligned horizontally and vertically just like the side supports and rungs of a ladder.  Ladders are unstable, weak and faulty if they loose that design position, very strong and functional if they maintain it.  If the body looses it's design position, there will be wear and tear over time and then function degrades, pain and problems will cascade through the structure.  That is why I used that image.  Why I liked the image with the man standing on the base with only his legs showing, don't know. 

So i don't sell ladders or rose bushes or men's boots -shown in the image!  I use the imagery when I explain how the body should be positioned and how it is possible to return it to that original position.

( If you hosted on your server, do not post that information publicly and do not ever volunteer it to Getty.  But you need to know for your own sake. If you are in the US and-- hotlinking-- that is displaying an image on another sever-- means you have no worries.  We can tell you what to write back.)

I don't use physical Ladder images anywhere else.

Have you removed the image from displaying in the post?  Yes.
In your blog post, were you discussing the image itself?   Yes, explained above.
Does your blog run ads?   No
Is it affiliated with a business? No

9
Thanks Lucia !!  Wow, I actually feel mobilized versus frozen.  OK I'll sift through your questions and gather info and report back early next week.  OMG, Thank you SO much!! 

10
I don't seem to find the place to start a new post so I am joining onto this one since I am the latest victim of Getty Image insanity. 

In November I got my first letter for one image. They want $1225.  I panicked.  It was Thanksgiving and here is this thing in my mailbox that I have to figure out.  I couldn't deal with it during the holidays. Last week naively thought it might have gone away.  Wrong.  Today, I got my second letter.  Time for action.  It was a screen capture, never was a watermark or other foreboding indication of ownership on the photo or screen area.  I used it in a blog post, really for educational & awareness purposes, to illustrate theories behind a therapy used in a small health facility.  I can write business letters and have worked with attorneys and federal and multi-state consumer credit laws/regulations for many years before getting into the health industry.  The legal aspect doesn't scare me, I just don't know where to start with the letter.  And now I'm loosing sleep over it.

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