Messages

1

Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 08, 2013, 07:24:39 PM »

Robert - My last comment wasn't directed at your commentary. I was venting in general ... tossing my feelings into the ether. I'm just ticked off. It should be enough to cease and desist, since it's a show of good faith. But they want their blood money. btw ... the question in my comment was completely rhetorical.

I agree with you about artists and image houses losing customers. I know I will never use this particular artist's work again, and will never use MF in the future.

We are all artists in our own right. Graphic design, web design, photography, drawing, writing, cooking, sewing, music, etc. We put our heart and soul into what we do and, for the most part, it brings us joy and fulfillment. And, if we choose, it can bring in some money. But to bastardize it by mercilessly fleecing people with outrageous fees for unintended mishaps ... well, as you said, goodbye to the "rights managed" sector.

SG - Loved your reply to DvG. lol

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Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 11:29:38 PM »

So, in essence, to be safe I should only use images I have created from scratch and copyrighted ... or get out of the web design arena and let someone else have the worry. What a world. Even if you pay for an image, you can't be guaranteed safe use? I remember when artists couldn't wait to get exposure for their works. Now, it's just a greedy racket.

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Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 06:45:55 PM »

You might want to look into Oscar's letter program. It costs $200 but your client (and you) will no longer be contacted by them. All further collection attempts would need to got to Oscar. It is not a guarantee that they will not sue. But I don't believe it has happened yet.

THIS!!! and you keep your client happy, and can rest easy for the next 3 years...

123RF.com has "free" images??

What happens after 3 years? Forgive my ignorance. I've been reading the forums as fast as I can but am not savvy just yet.

Re: 123rf.com free images. Yes indeed!! Go to http://www.123rf.com/browsefreeimages.php  Many artists put their images up for free downloads. They are mainly 72dpi, but that's fine for web use.   I spend some time there a couple of times a month and grab anything I think may be useful in the future (foods, people, holiday images).

btw ... I got a chuckle out of a blog from the author of the dastardly image in my case. Someone asked him if he gets consent from people in cafes before he paints them into his scenes. He said,

"I have never asked anyone's permission. If someone looks uncomfortable I will paint the areas around them first and wait till someone else comes along. The cafe seems somehow like a stage to me. When the right person shows I paint them in place. My paintings usually are not so detailed that a person would say 'that is me' so I think I'm pretty safe there."

Really?? I find that wonderfully hypocritical. One set of rules for the artist, and one set of rules for everyone else.

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Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 11:40:07 AM »

Thanks again, Robert. Except for this one image, there are no others that I have not paid for (or downloaded when it was clearly stated it was free, as in 123rf.com free images), or owned by the client, or created myself. This is a first for me, and will be the last.

I agree with you about the judicious use of PACER (no pun intended). I just pulled up the docket on the Chaga appeal (10 cents), and currently they are still having mediation assessment telephone conferences. The next one is scheduled for 6/25/13.

I am upset to learn that they will go after the client if I fail to pay. That would reduce my income if I lose the client over this. Now I'm back to a state of confusion over how to handle it. 

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Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 07, 2013, 10:25:56 AM »

Addy, given your backstory ( which totally suckss) I would say you are pretty much judgement proof anyway..If you pay them nothing, and they decide to sue you and they win...you have no means to pay them...so actually they lose..don't lose sleep over these dick heads at Masterfile, your health needs to come first!

Thank you, Robert. I did lose sleep and could not eat after the initial notification. Not good for MS and heart disease, and the stress of it has taken its toll already. But I want to ensure I do things correctly, especially since I don't want the company whose website the image was used for caught up in Masterfile's extortion net. They initially received MF's letter, and I told them to pass it to me and I would take care of it. I would like to at least write to MF before their 10 day time limit expires so that it doesn't look as if I'm simply ignoring it. If it does go to court, I would like to have it clear from correspondence that I tried to resolve the issue.

The letter they sent demanded $3880 for an image I used for less than one month that has absolutely no copyright info linked to it in the EXIF info and no watermark to give any indication that there would be any issue with using it. I always check images before using them and, if they are copyrighted, I either do not use them or I pay for them. Had I known this image was copyrighted, I certainly would not have paid the exorbitant fee to use it and would have used a royalty free image from elsewhere.

After I spoke with the MF agent, they lowered it to $970, the amount they usually charge for using the image for "up to one month" on their site. They want me to make monthly payments for 7 months. However, even this lower amount is far outside my ability to pay right now, considering all the medical bills I am dealing with. I require constant monitoring by my specialists and need to keep current with them.

Frankly, since the initial shock has now worn off, I am angry with the fact that they are attempting to bully me into making payments I simply cannot make right now. I immediately removed the offending image and that should be the end of it. But after reading this forum, I see that they have quite a history of bamboozling people. I may be disabled, but I'm not an idiot and am very glad to have found this site with such helpful information.

I have set up an account with Pacer (still pending authorization) to check for a recent docket on the Chaga case and see if there have been any further developments with respect to the validity of group registrations. But if anyone here has any immediate answers on that front, I would so appreciate hearing about it.

Thank you, again for your kind words of support, Robert. They are much appreciated.

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Getty Images Letter Forum / Re: Masterfile's Copyright Registration Method Held Invalid by California Court

« on: June 06, 2013, 09:05:05 PM »

As Rosebud, I too am looking for any updates to this litigation. I just received my extortion letter from MF the other day, and the image at issue is part of a group registration from 2003. I would like to know if there have been any follow-up decisions with respect to the invalidity and/or noncompliance of group registrations.

Of course, I removed this image immediately upon being informed of MF's letter. I am a once-in-a-blue-moon website designer with very serious medical issues and am currently going into hock just to pay for hospitalizations, specialists, diagnostics, meds, etc. With literally $5 in a savings account and living on a shoestring, I am not in a position to pay MF the requested sum, although I verbally agreed to do so in increments over 6 months. They are supposed to be emailing me their "settlement letter". However, after getting over the initial shock and finding this site's forums, I am now wanting to send them a letter requesting a copy of the assignment from the image author and the application made to the Copyright Office for this particular image. But I would also like to have current ammunition with respect to their group registrations and whether they are still deemed invalid by the court in the instant matter.

Thanks so much for any feedback you can give.