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Messages - Oscar Michelen

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31
Getty Images Letter Forum / Re: Getty update question
« on: July 27, 2014, 04:19:32 PM »
There is no counter suit planned or intended. You can type in "class action" to see the numerous numerous numerous times this issue has come up and been discussed on the ELI forums. .

32
In all my letters to Getty for the past 5 yrs or so I have prominently cited to Davis v. The Gap the case also notes that the court should imagine a transaction between the plaintiff and defendant and ask whether this defendant would have paid this amount for the license fee.  This case also supports the position that in lawsuits, defendants should ask for information of sales, records of payments, etc for the subject photo to see how much the plaintiff actually charged customers who opted to use the image. 

33
It would only be fraud if there was a material false statement of fact in the letter such as Getty not actually owning the rights in the image and even then if the mistake was negligence it would not be a crime. While we call it "legalized extortion" the "legalized" is an important qualifier. 

34
I agree with Greg and Robert that the best way to proceed is to purchase a license for the use you intend to make of the image. NOTE: Many sites give you a boilerplate receipt that shows the amount paid and number of images but not which images were included in the purchase.  Email yourself a copy of the receipt with the image it pertains to if that is the case so you have some proof of what was covered by the purchase. And yes, taking it yourself is also a good option. Do not rely on"free sites" at all.

35
Those are two very good points to take away. But remember that the first point to take away from this site is that know where the images YOU put up on you r site came form and make sure you have appropriate permission and license to use them. 

36
Getty Images Letter Forum / Re: Tape Recording Conversations
« on: July 08, 2014, 01:58:58 PM »
Good info Lucia Thanks

37
Wow - Lucia and Greg pretty much nailed it! Excellent responses that I am sure helped the poster understand his situation and options.

38
Getty Images Letter Forum / Re: Getty update question
« on: June 22, 2014, 10:43:56 PM »
I suspect that Getty will re-launch  another wave at some point this year.

39
Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor strikes again
« on: June 22, 2014, 10:43:04 PM »
Peggy: I will review the info you sent me Monday and get back to you asap. I also could not post a comment on the site btw

40
Getty Images Letter Forum / Re: Happy 6th Birthday to ELI!
« on: June 22, 2014, 10:40:11 PM »
It seems hard to believe that 6 years have gone by. Little did I know what would develop when I answered that Avvo post all those years ago. I have to say that having just re-read it, most of it still applies, word for word! The credit for starting ELI goes to Matt Chan for identifying that this issue went far beyond his case and the one or two folks that contacted me after my Avvo post.  That Avvo post went on to become the most viewed in Avvo history and I have never seen another Avvo post with as many "Helpful" votes as that one (71!).

As Matt describes in his post, through a series of emails and phone calls, I joined Matt on ELI as legal adviser. Matt and I shared many of the same sensibilities - that law can be explained to and understood by lay persons if lawyers just lifted the condescending tone and used plain English and that if you really stand by an issue, put your name and face behind it to show your conviction to folks.  Since then ELI has helped thousands of people learn about this issue and understand the problems associated with copyright infringement and copyright trolling.

As time went on, more and more people were added to the ELI team and the site is as vibrant and alive as it is today because of folks like BuddhaPi, Greg, Jerry, Lucia, Peeved and many others to numerous to list. These team members have added insight from all walks of life and fields of expertise that makes ELI the #1 source for information about the topics it covers. It is a testament to our straightforwardness, fairness and penchant for accuracy that in all the years that ELI has run, no digital media company has attacked its posts or representations as false, misleading or wrong; and don't think for one minute that there are not many  many companies and individuals who would love to see ELI taken down. Many folks may disagree with our opinions and many folks have posted negative comments or disagreements with our stance on particular issues. And Matt has always been one to leave those posts up for all to see. We don't hide from opinions even those that differ from our own.  That is another thing I love about the site - the open exchange of the forums.

Beyond any dispute, ELI has changed the conversation about copyright trolling and digital image litigation in general. Without ELI, Getty and others would have run unfettered across thousands and thousands of web sites demanding insupportable damages and frightening people into overpaying on infringement claims. People facing these claims would have nowhere to turn for advice and information. It remains a vibrant and valuable resource on the issues.         

So to say the least I am extraordinarily proud to be affiliated with ELI; to count Matt and the others as my compatriots and friends; and to have been able to help so many people through this site. I cannot thank you enough Matt for having brought me into ELI and for your friendship and counsel over the last  6 years. Here's to the next 6 and more! I leave you with one of my favorite quotes that seems very appropriate for the occasion: Sometimes the lights all shining on me, other times I can barely see, lately it occurs to me, "What a long, strange trip its been!"        

41
Getty Images Letter Forum / Re: 9th Circuit Decision
« on: May 06, 2014, 09:52:46 PM »
The wilfulness of the infringement did not help that's for sure; there's an old adage in law practice that you don't appeal cases with bad facts because "Bad Facts Make Bad Law" Of course here, the appellant had the "bad facts" on its side so it made sense to appeal. The decision has definitely emboldened many in this arena. 

42
Getty Images Letter Forum / Re: Help from the Eli Community Needed
« on: May 06, 2014, 09:43:21 PM »
I have a funny feeling that those exact names appear on several other lists throughout the Seattle and Marietta area.

43
Getty Images Letter Forum / Re: 4th Getty Letter
« on: May 06, 2014, 09:41:54 PM »
CaliBoy - another point on this issue is that anyone's pricing scheme is just one piece of evidence. Actual licensing fees among similar uses and similar users for similar images would also be admissible proof of the market value of the image.

44
Getty Images Letter Forum / Re: Getty Contributor Agreement V4.2
« on: May 06, 2014, 09:38:01 PM »
That's true Greg but Getty's reach is far and wide and photogs probably prefer a small slice of something rather than nothing. 

45
Getty Images Letter Forum / Re: Here's my letter and contribution
« on: May 06, 2014, 09:36:29 PM »
Good luck and keep us posted. To chime in on the "debt" issue, Getty knows that this is merely a claim and not a debt so neither they nor any of  their third party collection agencies have ever reported this to a credit reporting agency to my knowledge (going back to 2008). For it to be a debt you would have to have ordered the images from Getty and not paid them for them once received.  Were they to report this to a credit agency or harm your credit rating in any way, they would be violating the Fair Debt Collection Practices Act. 

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