Click Official ELI Links
Get Help With Your Extortion Letter | ELI Phone Support | ELI Legal Representation Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Messages - Couch_Potato

Pages: [1] 2 3 ... 9
1
UK Getty Images Letter Forum / Re: got sued by getty
« on: April 28, 2014, 11:36:10 AM »
Have you actually been served court papers or just received a letter? Receiving a demand letter is not the same as being sued.

2
UK Getty Images Letter Forum / Re: Getty Screen Shot
« on: April 28, 2014, 11:33:35 AM »
Not true.

Section 20 2 b states:

"the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them."

If you did not host the image then you have way to control how it can be accessed so it would be a stretch that linking to an image would be considered an infringement.

3
Getty Images Letter Forum / Re: Small Business up against big Getty
« on: October 30, 2013, 09:12:55 AM »
I'm not an expert on image technology so forgive my ignorance but could the reverse not be true in that the image Getty have the rights to could be made up of aspects of the image on the OP's website rather than the other way round?

In any event, if they claim to have proof that parts of the image are identical I'd ask for it just to see what information they could provide. Might be interesting.

If they couldn't provide it they don't have a case.

4
Laugh and hang up.

5
UK Getty Images Letter Forum / Re: Escalation to Astradius Letter
« on: September 30, 2013, 06:48:17 AM »
Personally as a responsible adult I think you should recycle the letter. It's such a waste of paper it would be criminal to do anything else.

6
As I understand it the Enterprise and Regulatory Reform Act won't help you because before using an orphan work you must show that you performed a diligent search to find the copyright holder.

Unless you can documented proof it wouldn't help you.

7
Getty Images Letter Forum / Re: Masterfile Letter: Is this a Scam?
« on: August 15, 2013, 10:10:04 AM »
It might be new to NCS but that's the standard line wheeled off by Atradius in the UK when challenged on their ability to collect a 'debt' for Getty. Seems perhaps Getty is sending all their 'debt collectors' a response to use if anyone asks why they are chasing a debt that doesn't exist.

8
Getty Images Letter Forum / Re: Masterfile Letter: Is this a Scam?
« on: August 15, 2013, 04:37:06 AM »
It's simple.

The only people who can pursue you for copyright infringement through the courts are the copyright holder (photographer) or exclusive licensee (supposedly Getty).

Only the copyright holder can assign those rights elsewhere.

If it is not a debt then NCS have no authority in the matter. I'd tell them to get lost.

9
If the image is available on the DK website itself for purchase then Getty can't have exclusivity so couldn't claim for copyright infringement.

I personally would write to them in this case and inform them the image is available on the DK website and as such you doubt their claim to hold exclusivity on distributing the image and will enter into no further correspondence until such a time as they provide proof.

10
If you do contact them do not tell them where you obtained the image.

Don't give them any information they don't already have.

11
UK Getty Images Letter Forum / Re: Is your Getty letter legal?
« on: July 22, 2013, 04:29:09 AM »
That would be Getty Images International registered in Ireland.

12
I would imagine Getty prioritise cases where they feel they are dealing with somebody unprepared and may more easily part with money.

Never put anything in a letter to them that you aren't sure is correct. If you tell them that they infringed your copyright by taking a screenshot of your website then they'll know they are dealing with somebody who has no clue about copyright infringement.

From everything I've seen on this site the people who get their facts straight and let Getty know they aren't a pushover are the ones who never hear from them again.

13
Best advice I can offer if you are going to respond is tell them no more than the absolute minimum in order to make your point. Don't confirm where the image was obtained and don't admit to anything.

I wouldn't make an offer unless I was provided proof to bring the claim. Who would do this anywhere out in the real world?

14
UK Getty Images Letter Forum / Re: Is your Getty letter legal?
« on: June 17, 2013, 04:29:09 AM »
The other thing to consider is that the London address is for Getty Images (UK) Ltd whereas it is Getty Images International based in Ireland requesting payment.

If you want to be a real pain in the arse request that only Getty Images International contact you from their registered address in Ireland as they are the company who have been assigned copyright.

15
UK Getty Images Letter Forum / Re: Is your Getty letter legal?
« on: June 10, 2013, 11:20:26 AM »
The letter I've seen which is from 2010 has the VAT number on the first page of the settlement demand (usually the page after the covering letter) which does check out to Getty Images International; address: BLOCK 4 ,BRACKEN BUSINESS PARK ,SANDYFORD INDUSTRIAL ESTATE ,DUBLIN 18

I don't know if letters since then have changed but it's very easy to miss the VAT number as it's not very obvious.

Pages: [1] 2 3 ... 9
Official ELI Help Options
Get Help With Your Extortion Letter | ELI Phone Support Call | ELI Defense Letter Program
Show your support of the ELI website & ELI Forums through a PayPal Contribution. Thank you for supporting the ongoing fight and reporting of Extortion Settlement Demand Letters.