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Messages - Jerry Witt (mcfilms)

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166
Getty Images Letter Forum / Re: Got 3rd Getty Letter Now I'm Not Sure
« on: April 10, 2013, 11:56:22 AM »
Yes I can only speak from my experience. I don't know if charging for my time or attorney fees to research and reply to their claims would have panned out. However I can tell you that had they continued to hound me I would have tracked my time, met with a legal representative, and submitted an invoice. I'm not sure where it would have gone from there.

If Getty decided to actually file against me I know I would have fought them in court. I would have made sure my lawyer friend racked up a LOT of billable hours in support of me and I'd have filed a counter claim. But I'm glad it didn't go this way because, although although I'm fairly certain I would be vindicated and it would cost them, it would have been a huge time suck for me.

By the way, I think they got a sense from me that I was absolutely willing to go to the mat on this. I think they made a decision that if they dropped the whole thing, I would too. Unfortunately (for them) I found their business model to be so abhorrent I have made it my personal mission to get them to change it.

167
Yeah disappointing about the designer and her "thinking" it was a public domain image. Also, Masterfile usually tends to have their agreements and copyright registration slightly better organized than Getty.

The best thing you could do would be to read the site and see how other's responded to MF.

If it were me I would get the designer to kick in half the fee ($100) and sign up for Oscar's letter program.


168
Getty Images Letter Forum / Re: Letter Received But No Such Image
« on: April 09, 2013, 11:57:19 AM »
I have had a similar issue; they pointed out an infringing image that was similar to one of their images (but not same image). I removed the image asap and sent them an email about it (along with the discrepancy in the infringing images). Didn't hear from they for 3 months. Then received another copy of same letter again. I ignored it. I then received a letter from a collection agency. I ignored that too. I finally received a letter from their hired attorney. Again no mention or reference to my email. Any idea what the next steps are?

Also, the infringing image was hosted by Microsoft and embedded in my site. How does this effect things?


They are threatening legal action over an entirely different image that they potentially don't own? Why aren't you on the phone screaming at somebody?

Seriously, them wasting your time over an image that they don't represent AND wasn't even hosted on your site? For me it would be time to yell at someone, and then insist that they send a letter absolving me of responsibility for this particular image and issue an apology.

Please let us know where this goes. (Tagging as #gettyflubs)

169
What did the "local business" say when you told them about this? They are the party that appears guilty of selling someone's work as theirs.

170
Oddly, while I might not have done as Matt advocated back in June 2012, I might do so now:

http://www.huffingtonpost.com/2012/11/26/illinois-police-recording_n_2191800.html

Quote
CHICAGO — The U.S. Supreme Court on Monday delivered another blow to a 50-year-old anti-eavesdropping law in Illinois, choosing to let stand a lower court finding that key parts of the hotly debated law run counter to constitutional protections of free speech.

In that critical lower-court ruling in May, the 7th U.S. Circuit Court of Appeals found that the law – one of the toughest of its kind in the country – violates the First Amendment when used against those who record police officers doing their jobs in public.

I'm in the 7th circuit's jurisdiction. So, I think unless SCOTUS overrules this, Illinois's law is kaput. I'm not entirely sure where things stand now though. Illinois appealed. Scotus did not take the appeal. Illinois will presumably write a new law, but in the meantime, it looks like it might be legal to record in Illinois.

Lucia, the key part of that law is that it is this:
Quote
the law – one of the toughest of its kind in the country – violates the First Amendment when used against those who record police officers doing their jobs in public.

But I believe the recording of a telephone call is violating an individual's expectation and right to privacy on a private phone call. I believe there is a distinction here.

But once again, if you and Kyle wish to wiretap your Getty phone calls and share it on this forum, I guarantee I will listen to it and offer my opinion. I just think that before people are advised to post these conversations on the site, they should be aware of possible repercussions.

And again I will point out that you do not need to obtain consent from your adversary. You merely need to state that you will be recording the conversation. If they are a legitimate business, why would they have a problem with this?


171
I didn't miss your point either. My point is that I don't feel particularly good about breaking the law or encouraging others to do so in order to fight a wrong.

It's the same reason I'm against torturing suspected terrorists. Whatever we gain from breaking the law is not worth what we loose. I prefer to hold the moral high ground.

But like I have always said, it's your site and your rules. I thought about just sitting out this thread, but it bothered me a little last night and so I decided to at least post my point of view. Who knows, maybe I'll change your mind.
 
Obviously you couched it more in terms of what YOU would do. But I read a "call to action" in there. I'm a little concerned about the same people that didn't know grabbing an image from Google would be an issue also getting burned for invasion of privacy.

Having this content would obviously make for juicy content for the site. But there is a solution that doesn't involve breaking the law. I would propose that someone, maybe you, within the context of "citizen journalist" could contact the lawyers, the photographers, the stock company owners, or any other interested party and let them know that you are reporting on this issue and would like to conduct a recorded interview.

As long as they are made aware that the conversation is being recorded, there is no invasion of privacy issue and I think you will be surprised at the results.

Finally, there are some unfortunate implications that go along with it, but I do get "your" point, that's just not how you would feel comfortable handling it, and disagree with the methods...and that's fine, that's why Matt is doing it, and others feel his rage and indignance too. The battle isn't for everyone. It may involve sacrifice and injury, but for a worthy cause, to some it's worth the price. "My" point here is to show "how" I see things differently! This is ultimately an issue of conscience...I can sleep soundly and peacefully if I "unlawfully" record a conversation with some douchebag that's out to cause me harm. Maybe you can't. People are convicted by their conscience for a number of things...the big question is why? The bible has an interesting verse where God says: "My people are destroyed for a lack of knowledge!" I know when something is right and wrong because the law of God has been written in my heart. It's wrong to have a law that protects criminal behavior...that's no just law, but is in itself a crime.

@Kyle:

I'm not going to spend a great deal of time arguing your points. Heck, if you live in a state that only requires single-party permission to record phone calls, this conversation may be moot. (In those cases you can just do it.)

My only point is that recording these conversations and then posting them on ELI for everyone to listen to MAY get you into trouble. I suspect that if you were to ask Matt his feelings about crossing the line into the legal gray area TODAY, he may feel slightly different then he did last June. It's easy for us to all say "Hey all's fair in war and this is a war." But the reality is, the actions people take have real repercussions.

If you wish to secretly record your adversary and then post them on this site for all to listen to, trust me I will listen to them and give you feedback on how to handle your case. But I also think it is important that you (and others who wish to record and share their calls) be aware that this can be used against you.

In my general opinion, secretly recording a conversation with a scam artist is fine. Playing it back for trusted friends and advisers to give you advice is smart. Posting it on an open, public, Internet site can (and probably) will get you into legal hot water.

Now if you have the extra several thousand dollars laying around to fight this, and if you feel this is the best use of your time, then by all means, go forth.

172
Hi Peggy,

You can email me witt [at] motioncity [dot] com. But I strongly urge you to stop saying that it is the photo of the dog. The dog may have been used as a reference, but to me that image looks like it was a rendering and I'm curious if the people that created the art will be able to disclose more information about its creation.

Meanwhile, all you can tell the pet store owner is that you bought and paid for the logo design. You can point the owner to this forum so he can get educated about this issue. I think most people on this board would agree that he has less that a .001% chance of them taking any legal action. However he also has a 99% chance that they will continue to harass him with several threatening letters about this no matter what he or you do.


173
Peggy, you might want to go through your site and make sure you have either licensed the images or take them down. For example http://www.luvachinrescue.org/images/main_chin.jpg seems to be an iStock photo. iStock is owned by Getty images. However if you are looking to license an image, here is a good replacement. https://www.pond5.com/photo/16706720/head-japanese-chin-puppy.html

It's $2 and it will go to a company that doesn't support image trolling.


174
This is an interesting one...

The image in question is a photograph, right? Your image in the logo appears to be an illustration based on the photo. I would be interested to see the full size logo. This is my suggestion, and others may have a better idea. I would provide the pet store owner with your receipts from paying the artist to create the logo. I would have them state that this logo was provided by you and the artwork has been properly licensed.

Meanwhile, you should get in touch with the original artist and ask them for details about the work for hire project. Did they base that dog illustration on a photo? How did they obtain the photo, etc.

Please keep us posted how things progress.


175
Good tip SG. I thought all their stuff was indexed through Tineye, but I guess that's not the case.

There is probably no 100% foolproof way to assure all the images are cleared. I think Getty adds and removes images from their various categories all the time. But I think going through the images, especially with an eye toward the ones that are not licensed, is going to save a lot of truble down the road.

176
In my experience, if the image is in Getty's catalog it turns up on a Tineye search. Is the image in question not showing up on TinEye with a getty domain?

177
I think you signing up for the letter program is the best move in this case. I've heard it said that technically your client has to hire Oscar and then you can credit back what they paid. Not exactly sure if that is the case.

I also think that it is in your best interest to do an audit of the sites you host. You should get familiar with http://tineye.com/ and see if the images are turning up as represented by Getty, Masterfile, or another stock agency. Sure it's a pain, but probably cheaper in the long run. 

178
Getty Images Letter Forum / Re: An Experiment Against Getty
« on: March 26, 2013, 06:56:17 PM »
Wow! That is pretty scorching. I wonder how much longer Tim will continue to (mis)represent the Getty claim with a "V." or "Vs." Bet that practice will be coming to a close.

179
Getty Images Letter Forum / Re: Recieved Letter from getty
« on: March 26, 2013, 06:48:47 PM »
Lettered, I hear what you are saying. But there are levels of risk and usually if you can show that you licensed the material the copyright holder will pursue the person who sold you the license. I say "usually" because i don't know what Getty images would do. But I do recall that their demand has some verbiage in there requesting you send a receipt if you have one.

There are no guarantees in life. You could ask a friend to snap a picture for you and years later they could decide to pursue an infringement claim (some friend!)

Also there are practical concerns. I live in southern California and if I want to shoot my own picture of a snowman, it's going to cost me a lot.

The other option is to make your web site into an image-free, text-only, 1997-style, AOL-friendly site. As a bonus it will load quickly even on dial up.

180
Getty Images Letter Forum / Re: Recieved Letter from getty
« on: March 25, 2013, 09:38:45 PM »
I recommend that people buy their images.
Royalty-free images are inexpensive, and the selection is very, very good these days.
The piece of mind is worth it.  They only cost 50 cents to about two dollars for web use.

Yes, I have heard people advocate for shooting your own pictures. But let's face it, in the original person's example, a handshake, it would take 3 people and at least 10 minutes to shoot anything worth using. I presume a half-hour of time is worth more than $3.

I still advocate for sourcing some images on sites that provide public domain stock images (like http://www.sxc.hu or http://www.morguefile.com) with the caveat that you document (with a screenshot) your source. I still trot out my list of Public Domain Stock sites(http://www.extortionletterinfo.com/forum/getty-images-letter-forum/list-of-public-domain-stock-footage-companies/) from time to time.

But I admit that some public domain stock can be less than perfect:
http://www.morguefile.com/archive/#/?q=handshake

I find myself using microstock more and more. For a few bucks (or even a dollar) you can get some pretty decent photography:
https://www.pond5.com/photos-illustrations/1/handshake.html#2

One more thing, if you decide to purchase microstock, I realize iStockPhoto advertizes a lot. However you might be interested to know they are owned by Getty Images. So purchases from them helps enrich that organization. Why feed the trolls?

On two different occasions I have confirmed that Pond5.com is not owned by any outside company and to my knowledge they do not participate in image trolling. I advocate for them a lot (and wish I was getting a referral fee, but I don't.)

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