Messages

61

Getty Images Letter Forum / Re: Recent activity from getty is escalated

« on: December 14, 2013, 09:07:49 PM »

As Greg correctly and astutely states, this is a CLAIM and not a DEBT. If they sued you and won a judgment THEN it would be a debt. If they report the claim to a credit reporting agency, (which they never have) they would be in violation of the Fair Debt Collections Practices Act. That's why they have never done so since 2005 when they started this infringement program. 

62

Getty Images Letter Forum / Re: I got a letter today

« on: December 14, 2013, 09:05:33 PM »

Do not be afraid, read the forums and read my last post -this claim should not have an impact on your business. If you cannot afford our letter program, just take the image down and do not communicate with them any further.

63

Getty Images Letter Forum / Re: Has anyone had success with the letter response to Getty/McCormack?

« on: December 14, 2013, 09:03:38 PM »

It is not a delaying tactic. We have been engaged in this process since June 2008. If it was just a delaying tactic and not successful don't you think you would see forum posts on here saying that? Wouldn't Getty be advising you of that?  We are rapidly approaching our 1,000th satisfied client in this arena. Our legal position and strategy has been vindicated online and in court. We are the only site dealing with this issue head on and the regular contributors to these forums are willing to put our names and reputations on the line over this abuse of the copyright system. 

64

Getty Images Letter Forum / Re: Arghhh...Received Getty Letter

« on: December 14, 2013, 09:00:06 PM »

you can also email me at [email protected] To answer your other question while it is common practice to first send a cease and desist letter (especially for such a minor infringement) it is not the law - 

65

Getty Images Letter Forum / Re: Recieved Letter from getty

« on: December 14, 2013, 08:57:42 PM »

There is no State copyright law - copyright and patent in this country  were created by the US Constitution.  All copyright law is Federal which is why all copyright lawsuits have to be filed in Federal Court.

66

Getty Images Letter Forum / Re: Question

« on: December 14, 2013, 08:55:52 PM »

It is rare that Getty finds the cached version on The Wayback Machine but it happens which is why in an exercise of caution we have always advised to clear those and the Google cache of your site. Even if Getty were to find those versions of your site, it would be hard for them to prove that this is a "use" under copyright law so you would have that defense in addition to all the others discussed on this site.

67

Getty Images Letter Forum / Re: Got my letter and now one from an attorney! Bad advise from local attorney?

« on: December 14, 2013, 08:53:30 PM »

Tim McCormack is just the next step on the Getty dance card. Do not communicate with him he will not stop writing you back and largely ignoring the positions you take in your letters anyway.  "So sorry. No proof, no money. Issue closed. You won't hear from me again." That is exactly the position you need to stand behind and once you told them that why tell it to them again?

68

Getty Images Letter Forum / Re: Here's Another Extortion Letter

« on: December 14, 2013, 08:51:23 PM »

Don't overly communicate with them as I have advised many others on this site.  Take the image down state your position demand proof and then let it be. 

69

Getty Images Letter Forum / Re: Possible New Tool Being Used By MasterFile?

« on: December 14, 2013, 08:49:16 PM »

What do they say Robert "Sorry I cashed your check , eh"?

70

Getty Images Letter Forum / Re: Verification that I am understanding what I can do

« on: December 14, 2013, 08:18:46 PM »

Also don't overly engage in communication with them - write them once take the image down and then don't discuss it any further

71

Getty Images Letter Forum / Re: Question About Finding the True Owner of an Image

« on: December 14, 2013, 08:14:35 PM »

Gotta go to Moe!

72

Getty Images Letter Forum / Re: I Am A Proud New Owner Of A New Getty Extortion Demand Letter

« on: December 14, 2013, 08:13:35 PM »

Leslie: Just be aware that no matter what you write in the letter it will not end their stream of communication with you. Once you write them and state your position (and of course remove the image in question) I would suggest not continuing the correspondence. You may then get new letters from NCIS Recovery or Tim McCormack but none of that will mean you are any nearer to suit.

73

Getty Images Letter Forum / Re: MasterFiles Recent Victory. (If You Want to Call It That)

« on: December 07, 2013, 03:44:23 PM »

I can't say too much about this because i represented the Gales when they first got their Masterfile letter. MF will tout this as a win because the court did reject the argument we made in Chaga about their registration methods (though there are some differences between the two cases that I think was the  cause for the different result). But overall the case is a clear vindication of what I and this site have been saying all along - courts will not give large awards for these types of infringements if the arguments are well made. Also, it was huge blow to MF that the court did not award legal fees. Again the court agreed with our position that if the person immediately ceases and desists upon notification then legal fees may not be warranted - especially if a reasonable offer was made prior to suit. The case definitely was supportive of the strategies and opinions set out by ELI and its regular forum contributors.   

74

Getty Images Letter Forum / Re: "it was an honest mistake" says Getty Images

« on: December 07, 2013, 03:21:07 PM »

Getty would look foolish trying to compare Mr. Morel's one of kind photos to a stock picture of a cactus or a keyboard. Also, Getty trying to allege innocent infringement is ludicrous.

75

Getty Images Letter Forum / Re: 9th Circuit Court Discusses Group Registration in the Alaska Stock Case

« on: December 07, 2013, 03:19:22 PM »

That's called a "hot bench." The 9th Circuit is know as a very hot bench.  You have to answer immediately and then start talking again to try an d get your points in. If you leave any lull in what you are saying they are going to fire another question at you.