Messages

61

Getty Images Letter Forum / Re: On "innocent" infringement, re. damages range

« on: August 24, 2014, 06:38:46 PM »

From your lips to Getty's ears.

Sure this would be reasonable. And I think the majority of people on this forum would favor this as an opening gambit. There will still be small-time, not-for-profit bloggers that will balk at a several hundred dollar valuation and point to "micro-stock". Others might point out that the images were accidentally published and were for position only, or maybe they were used (in the users opinion) within the context of "fair use."

But honestly, if someone has been using the images in a for-profit venture, then certainly they owe the original artist something. (And that "something" is NOT to accuse the photographer of being a plagiarist, liar and thief.)

62

Getty Images Letter Forum / Re: Tom Schwabel - copyright equivalent of Nigerian scam

« on: August 22, 2014, 04:02:15 AM »

UnfairlyTargeted -- this site is supportive of people that really are unfairly targeted. But your insistence on calling the photographer a plagiarist, a thief and a super-hacker makes you appear to have no credibility.

Seriously, dude. You took an image that didn't belong to you. Man up and take some personal responsibility. Take the image that isn't yours off your site and make a reasonable offer to pay the photographer.

63

Getty Images Letter Forum / Re: On "innocent" infringement, re. damages range

« on: August 22, 2014, 03:55:01 AM »

My take away is that if the offer is reasonable, then it would make sense.

If the rights holder truly has their "ducks in a row", if they are willing to show the registration, if they are willing to listen to why and how an image appeared on a site, then by all means I think it is best for all concerned to settle.

If, instead, the supposed rights holder is unwilling to show how they have rights to the image, if they ask for extraordinary sums of money, and if they threaten impending legal action on a very short timeline, my take away on THAT is to tell them to pound sand.

64

Getty Images Letter Forum / Re: Copyright Infringement Claim

« on: August 22, 2014, 03:46:06 AM »

I ran it through TinEye.com and that image is on over 350 sites. Most are wallpaper sites, but it can be rights managed licensed from Media Bakery -- http://www.mediabakery.com/IRH0010119-Galloping-thoroughbred-horse.html -- for about $250.

So as long as Design Pics Inc. and Media Bakery are not the same company, neither has an exclusive on the image. I think you tell your friend of your research and tell him it is very unlikely they will file a suit and if they do, and if they win, they will likely be awarded $200.

Hopefully you can talk your friend down and convince him to ignore the email and possible letters that will come his way.

65

Getty Images Letter Forum / Re: Techdirt Reports Getty Images Sued for Sending Extortion Letter to IP Law Firm!

« on: August 21, 2014, 11:19:44 PM »

This may be the beginning of the end.

66

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 17, 2014, 04:19:33 PM »

Paying them off is really the last thing on my mind right now.

As well it should be. I sincerely doubt this would ever go to court. And although there is the old adage about someone who represents themselves in court has a fool for a client, I believe there is enough information on this site to successfully defend against a nutty claim like this.

Be sure to do a little research on the Righthaven madness. Their quest to sue bloggers failed for many, many reasons. But note this:

"Indeed, Righthaven seemed to have been caught off guard when judges wouldn’t fault bloggers for reposting photographs or quoting articles. In one of the most famous Righthaven cases, a federal judge found that Vietnam veteran Wayne Hoehn, who had posted all 19 paragraphs of a Las Vegas Review-Journal editorial, was within his fair use right to do so."  (from http://www.abajournal.com/magazine/article/the_righthaven_experiment_a_journalist_wonders_if_a_copyright_troll_was_rig/)

67

Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA

« on: August 16, 2014, 10:32:05 PM »

They will probably bug you about this, but this is about as clear a case of Fair use as I have ever heard.

Out of curiosity, WHO are they claiming to represent? Is it the newspaper? Is it the person that wrote the original newspaper article? Is it the photographer of a picture along side the article/ OR is it the picture OF the newspaper article? (Probably not that last one.)

This is just silly. And you can tell them I said so.

68

Getty Images Letter Forum / Re: Getty Images extortion Letter and now McCormack Threat

« on: August 16, 2014, 10:26:59 PM »

Search on this site for a link to the video of the CEO of Getty saying he is fine with people using images from Getty Images until such a time as they begin making money. Be sure to share THAT with your IP attorney.

In my opinion you offer nothing or a token payment (that they will refuse).

69

Hawaiian Letters & Lawsuits Forum / Re: Vincent K. Tylor vs. Vermont Woods Studios - Round 2

« on: August 09, 2014, 03:05:44 PM »

This is the THIRD at-bat for VKT against Vermont Wood. At what point would it be advisable for Peggy to investigate bringing a malicious prosecution counter suit?

70

Getty Images Letter Forum / Re: Another example of a big media company claiming copyright to something they don'

« on: July 28, 2014, 09:38:56 PM »

I realize now that although I just came across it on Tech Dirt, it is actually Old News.

I wonder where the case is at right now? Will the filmmaker get to make their film?

71

Getty Images Letter Forum / Another example of a big media company claiming copyright to something they don'

« on: July 28, 2014, 11:14:30 AM »

You have probably noticed that restraunts no longer sing "Happy Birthday to you". Here's why:

https://www.techdirt.com/articles/20130613/11165823451/filmmaker-finally-aims-to-get-court-to-admit-that-happy-birthday-is-public-domain.shtml

Hopefully this will soon change.

72

Getty Images Letter Forum / Re: Putting My Money Where My Mouth Is

« on: July 27, 2014, 06:54:56 PM »

Interesting cases, Oscar. But I'm not sure why case #1 chose to settle. If the images were hotlinked AND uploaded by another user on the site, it seems the owner was in the clear. Sure litigation would have taken time and cost money, but i believe they would eventually prevail.

73

Hawaiian Letters & Lawsuits Forum / Re: Info on Woolf, Gafni and Fowler LLP

« on: July 02, 2014, 12:34:04 AM »

Yay for you Peggy!

74

Hawaiian Letters & Lawsuits Forum / Re: Vincent K Tylor strikes again

« on: June 03, 2014, 11:21:40 PM »

Great article Peggy. It's interesting that all the people that once represented VKY are no longer involved with him. Seems they disappear right about the time it becomes clear that there is an inordinate number of VKT images on free image web sites and very, very few of these sites have been contacted to remove them.

Are you working on getting the venue moved back to Vermont?

Best of luck.

75

Getty Images Letter Forum / Re: Ongoing List of Copyright Trolling Firms and those associated with them

« on: May 15, 2014, 11:24:44 AM »

Hi Bernie,

I just bumped my ongoing list of public domain images in this forum. But it is at:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/list-of-public-domain-stock-footage-companies/

Also, if you want to license an image at an affordable price, I would agree with Greg and encourage you to look at http://www.pond5.com.

I spoke with representatives at two trade shows and both times they said they don't participate in image trolling. One sales rep said something along the lines of: "We provide images at a very affordable price, and suing potential customers is not in our business model." Or something like that.