tag:blogger.com,1999:blog-20803105.post8778524188812935131..comments2024-03-23T13:09:54.464-04:00Comments on EXCESS COPYRIGHT: Watching Getty Images Watching CanadiansHoward Knopfhttp://www.blogger.com/profile/18321190334597129416noreply@blogger.comBlogger104125tag:blogger.com,1999:blog-20803105.post-1196322533467462932017-09-23T15:06:45.080-04:002017-09-23T15:06:45.080-04:00The trick is to do NOTHING.
No responses. No retu...The trick is to do NOTHING.<br />No responses. No return calls. No replies.<br />Give them silence and let them punch themselves out.<br />They sent me "infringement" letters for almost 2 years... then just went away. Do nothing -- and they will disappear.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-40789835930159914562015-06-02T20:54:52.461-04:002015-06-02T20:54:52.461-04:00some other considerations
determine whether diffe...some other considerations<br /><br />determine whether different legal entities are claiming copyright in the same image ie masterfile and visualphotos.com - may be that masterfile has an agency agreement with VP but VP claims copyright in the image. You cannot have 2 different entities claiming the same rights, otherwise it is not exclusive and then neither party can sue if I understand the law in Canada correctly<br /><br />Secondly, mitigation - I find it hard to believe that a stock agency always seems to claim 3 years of infringement in Canada - they use Picscout that has the ability to troll the internet quickly. I suspect the stock agencies sit on claims and then attempt to maximize damage claims. Claims in Canada seem to be limited to when the agency knew OR ought to have known of the infringement - I am not aware that this has been tested in the courts in Canada<br /><br />Thirdly, amounts claimed. If an agency offers deep discounts on its website as a promotion for image purchase ie licensce what is the cost the agency can claim as actual damages? Again not court tested but an interesting consideration.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-54026347797880990782014-01-30T09:47:45.868-05:002014-01-30T09:47:45.868-05:00I agree with many of the users here as it is very ...I agree with many of the users here as it is very unfair, as specifically and relatively there aren't any "water marks" in any of the images,even now. The things is unless your blog and website isn't hosted by a 2nd or third party which holds the responsibility for the images., It could be a legal case here for your individuality, some of the e-mails, even though they don't respond quickly, they would again threat to sue after months or maybe years depending on the circumstances. <br /><br />Also they have purchased a 20 Million worth of a robotic system from a site which allow them to detect any of the images in the server uploaded anywhere, no matter which ever the alteration it is. They sometimes even use screenshots to prove it in their e-mails. Sometimes depending on the situation they might reduce the amount, like if you are unemployed and other valid reasons. And remember that istock.com is also a co-site from the Getty but as many of the users here said, pictures taken from legitimate free image offering sites can also be attacked, that's why you should always write the image URL of the image you use, in another blog or a protected document etc for later use. So that you could produce them as evidences. <br /><br />I remember reading a live experience from a business manager, who was an owner of a small business as well. He was able to overthrow Getty's threats from the e-mails not sure if it's legitimate, but if you google around you maybe able to find it. IF you have used a getty image please do delete them from the website/blog and make sure to DELETE it from the servers as well. Seriously Youtube is 100% times more fair than Getty's because at least loosing your account after a few bans and not being have to pay thousands of dollars. And those are videos. It is really hard to think what a small image could do. Best to use your own photos for personal websites, even though how quality seems to be reduced.Take precautions and educate people who don;t know this, if they can sue people for 1000 bucks, it is only fair that they at least inform it to the mass media.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-47839628214122798732014-01-24T18:07:15.735-05:002014-01-24T18:07:15.735-05:00Over the past 3 years I have received 5 letters. T...Over the past 3 years I have received 5 letters. The first 3 from Getty then 2 from NCS IP Solutions and today an email from NCS IP. All have demanded $850 for a single image that was on my website. Upon receipt of the first letter I removed the image and also removed the website archives from Wayback. I have not responded to Getty or NCS IP. This sounds like a total shake-down to me based on the wildly large amount being demanded in the 'settlement'. If they were acting with integrity and had asked for a few dollars for the use of the image which i likely would have paid. Has anyone been taken to court yet in Canada?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-39867364268776315232014-01-15T21:13:53.092-05:002014-01-15T21:13:53.092-05:00I got an email yesterday from NCS IP Solutions dem...I got an email yesterday from NCS IP Solutions demanding $1050 CAD for an image that I found on Google Images and downloaded it from a royalty free site. They sent me 2 letter by post, which were going to a virtual office address, which I rarely used to go to check my mails since, this particular site/business has not made 1 cent in last 1 year. Hence, the delay in taking down the image. I received email yesterday and removed the image. I am based in Toronto. I have not responded to anything yet as there is no clear answer to how to react to this. My heart sunk when I saw this. I am a small business owner. I am not sure if paying up would get them of my back. I will wait for their response and follow up with another comment. I don't want to ruin my credit if they decide to do report to a credit bureau.<br /><br />Any inputs are greatly appreciated.<br />Thank youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-30118061629115542782014-01-15T01:18:49.428-05:002014-01-15T01:18:49.428-05:00Getty & AFP Appeal $1.2 Million Copyright Infr...Getty & AFP Appeal $1.2 Million Copyright Infringement Verdict http://bit.ly/1m4TvUU [maybe just karma for #getty http://bit.ly/1eIdN5O]Howard Knopfhttps://www.blogger.com/profile/18321190334597129416noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-58600202270582413152013-12-09T16:50:10.257-05:002013-12-09T16:50:10.257-05:00Our story sounds like many of those found here. Sm...Our story sounds like many of those found here. Small, not for profit company which used a tiny slice of an un-credited photo I found on a site which seems to have vanished (probably due to Getty.) I took the fragment down as soon as I got the extortion letter from Getty, and that seemed to be it. Today I got an email from NCS IP Solutions with a less bullying tone, but still demanding the $850. I welcome any updates from Canadian organizations who have been contacted by NCS IP Solutions. We were advised that there would most likely not be any further action if we can dig in and wait. I am tempted to reply and ask the series of pointed questions mentioned in one of the above posts - however, I don't want to engage with anyone having anything to do with Getty if I can avoid it. Does anyone have any other anecdotes to share? Can I ignore this email from NCS IP Solutions? What a nightmare. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-22089791664838845492013-11-25T19:57:52.941-05:002013-11-25T19:57:52.941-05:00You want to sue the internet for your gain but don...You want to sue the internet for your gain but don't take responsibility for watermarking your photos. Grow up. Nuff said.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-69899015635559754792013-10-16T12:15:30.203-04:002013-10-16T12:15:30.203-04:00I did the same as S Sm for my wife's blog, whi...I did the same as S Sm for my wife's blog, which is connected to her yoga practice. I told them we would consider future threats harassment and countersue. We just got email #1 from NCS IP, more gently worded, stating they'd be willing to negotiate a fee less than $950. But that we owed $950. <br />My wife's blog was not for profit, was for educational purposes only, and she used a photo from an educational institution for educational purposes. She took the image down immediately and only uses personally generated images now. We're ready to assist in a class action suit to have Getty cease the harassment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-21304155077905483472013-10-09T15:31:32.448-04:002013-10-09T15:31:32.448-04:00I agree Getty needs put a watermark on the photo u...I agree Getty needs put a watermark on the photo untill it is paid for. <br /><br />You are just asking for misuse! <br /><br />I am being HARRASED by Getty due to purchasing an image from another "free images" site not even Getty's site and now they say I owe them, well I think the site I downloaded the pic from is resposible for this. <br /><br />I think Getty images is a terrible company and if I had any of my work with Getty I would be completely embarrassed to even be associated with the low life tactics they are doing. This is totally discussing and NASTY, you as an image provider are losing profit from them wasting time to harass people and track these images down. So don’t cry about us stealing your image why not represent a company that looks out properly for the supplier instead of wasting money on crap they could have prevented in the beginning with being proactive!!!<br /><br />So many other companies you can provide images to and they will be proactive instead of leaving the door open to misuse and wating money in Horrible harrasing tactics.<br /><br />Anonymoushttps://www.blogger.com/profile/16330890976110639158noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-50872630168032096912013-07-26T09:31:11.872-04:002013-07-26T09:31:11.872-04:00Question, why does Getty not use watermarks on the...Question, why does Getty not use watermarks on their art to prevent internet theft? it sounds like they want to find ways to troll and misuse their creative rights. I don't want to sound mean but this is a simple way such a big company can keep this from happening. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-61960369096397722952013-06-29T19:07:32.314-04:002013-06-29T19:07:32.314-04:00I've taken your advice, I now take all my own ...I've taken your advice, I now take all my own pictures and apply my own copyright. I no longer need to pay for images taken by a professional and sold hundreds of of $/£ and sold times over. And once I'm done with them I publish them under creative commons so others can use them.<br /><br />Do not pass go, do not collect £200. <br /><br />Getty have done photographers no favours by alienating large sections of their potential market. Instead of inticing in new customer they've lost them forever. But then again we're all lairs, cheats, scammers and thieves. Not potential customers. Wheres the common sense here?!<br /><br />You are right that its the photographer that loses out. Getty have priced you out of the market.<br /><br />Webdesigners aren't so dumb they can't learn to frame, bracket, aperture-prioritize and learn a bit of Photoshop ;) Why settle for a stock shot when you can encapsulate exactly what you wanted with ur own composure!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-61056726562376544442013-02-20T17:17:48.992-05:002013-02-20T17:17:48.992-05:00I got the same bullying letter as everyone else he...I got the same bullying letter as everyone else here, demanding $950. Like most everyone else here, I will be taking the images down and ignoring them. The image in question was purchased as a piece of a group of templates, one of which was ultimately used in a website promotion for a few short months. I sent one single email to their license compliance office which stated that as far as I'm concerned, I purchased the right to use that image when I bought the templates, there is no watermark or identifying mark that I am aware of that would have led me to Getty Images, they did not contact me first with a request to remove the image, and finally that any further discussion on this topic would take place in a the Small Claims court in Victoria BC (where I'm located) and that any further contact would be construed as harrassment.<br /><br />My advice is the same as everyone else's here... grow some thicker skin and tell these trolls to get the hell off your lawn.<br />S Smhttp://www.wwsm.comnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-51195663295553198262013-01-07T21:05:38.949-05:002013-01-07T21:05:38.949-05:00Add me to the list.
Check this out. November 2...Add me to the list. <br /><br />Check this out. November 2012 I get the infamous letters demanding $850/image. No warning, possible dispute, please take it down otherwise we'll pursue - nothing. So what do I do? I call them the next morning and ask: How did you find images on my website which only has 21 likes, not marketed, not live, etc? The images in question, how do you know they're yours? Nothing proprietary about a guy with a rugby ball and another one of seeds. Also, one image was buried 4 levels deep under my about us page. www.FoodAthlete.com <br /><br />I then say, let me guess, you ran an illegal bot to crawl through my servers locating a pixel you planted that identifies your image. Did you know that is unethical and possibly illegal? Phone went silent. It's also a form of entrapment. I then go on to say, any ethical business practices would give a warning to take it down, and if you don't then pursue - makes sense. I then say, Getty images use to be a respectable brand but now when you Google Getty images by page two it talks about these scammy lawsuits. My grand finale, I say, your actuarial calculations probably said, hey, if we get 10% of the people to pay we'll make millions. What you didn't realize is that you'll lose the respect you once had. I then volunteered to take those images down which I did. All of this in a span of 24 hours. Hit it head on and be done with it - Canadian way. We got nothing to hide.<br /><br />Now 6 weeks later, today, I get the same letter. Their left hand doesn't know what their right hand is doing. <br /><br />I pay .35/image from Shutterstock and I have 20M images to choose from so why the heck would I take anything from Getty. I'm a small company and not even off the ground yet. <br /><br />David and Goliath time.<br />Support me on facebook and twitter as I wait for their call. <br /><br />https://www.facebook.com/FoodAthlete<br />https://twitter.com/FoodAthleteAnonymoushttps://www.blogger.com/profile/07746780299523047734noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-59178189842362108712012-12-27T09:35:49.489-05:002012-12-27T09:35:49.489-05:00Hi, it happened nore or less te same thing to my c...Hi, it happened nore or less te same thing to my company. We got a web develoment company to build up our web site (10 yrs ago) and now, Gettz sent us a letter telling that the imagies tehy used were "stolen"...how did you end up your situsation?paco rabittihttps://www.blogger.com/profile/07374411103002023599noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-18141616048094471662012-12-20T17:28:02.998-05:002012-12-20T17:28:02.998-05:00How was this resolved. Its now december 2012 and ...How was this resolved. Its now december 2012 and i have a letter from a client where i as the web designer. used what i thought was an image that was not copyrighted in any way. I have removed the image as I am not certain of who has copyright. walterhttps://www.blogger.com/profile/05373983525473987766noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-52956610969087369802012-11-27T15:44:33.852-05:002012-11-27T15:44:33.852-05:00Hi,
I received a letter from Getty Images demandi...Hi,<br /><br />I received a letter from Getty Images demanding $850 for one photo that they claim I used that was their property. My web site was designed by a web designer. After reading this whole blog about Getty, perhaps we can create an FAQ on how to deal with this matter.<br /><br />Some suggest to ignore all correspondence and it will eventually go away.<br /><br />Some suggest to contact Getty directly. I do not recommend this in anyway! NEVER contact them <br />as they do not have any sympathy for you no matter what!<br /><br />Some suggest to request a whole bunch of info for Getty to prove that the photo is actually theirs.<br /><br />Some have given advice to press charges for harassment if a collection agency calls.<br /><br />In conclusion, I deleted the photo in question and will ignore the first letter. If a second letter arrives, I will request a whole bunch of information to prove that they actually own the photo.<br /><br />Lastly, for those posters who say they lose money as photographers because people steal their images, have you ever heard of watermarking your photos???? Because 90% of the time the photos in question do not have watermarks. No one wants to steal, but if they accidently use one of your photos without authorization, then yes, we are willing to pay but NOT $850!! Your photos are being sold on Getty for $45 and you want $850????!?!?!??!Ashley's Dadhttps://www.blogger.com/profile/03145804091621609698noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-50982651094486040642012-10-29T22:27:29.749-04:002012-10-29T22:27:29.749-04:00Hi, Folks,
I just received the Getty letter today ...Hi, Folks,<br />I just received the Getty letter today demanding for CAD $840. I live in Toronto, Canada. By read through many threads on US website. We all agree this is the robbery in a "legal" manner. I wish some Canadian and US law firm can standup for the lawsuit against it.<br /><br />I did searches on Canadian Intellectual Property Office for the image Getty claimed. There are no evidences showing that neither the author(Photographer) nor the agents(like Getty)had registered the image at CIPO. <br /><br />Now it is the time to say "FXXXXX U".<br /><br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-535795686412400642012-08-28T12:49:30.318-04:002012-08-28T12:49:30.318-04:00Hi I live in Canada and have ignored the letters -...Hi I live in Canada and have ignored the letters - it will go away.<br />Be sure to remove any images in question immediately AND be sure to NOT contact them - once they know they have a live person to direct their attention towards you'll be on their radar.<br />Just ignore, ignore, ignore . . . it will go away.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-2235983870995668492012-07-04T13:34:42.621-04:002012-07-04T13:34:42.621-04:00I received a letter from Getty Images over a year ...I received a letter from Getty Images over a year ago. They wanted $1300 for 1 small image I had on my website for 3 mths. I have a small pet sitting business in Canada. I removed the image right away and contacted them regarding the exhorbitant amount they were asking. They offered to drop it to $800. No way I can afford any of that. I ignored them and forgot about it till a couple months ago when I started receiving letters from NCS IP solutions in Florida demanding that I pay. April 23 I received their 'offer of settlement'; May 21 I received their '2nd request'; and the latest letter dated June 23 states 'final written request'. Not sure what to do.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-16811835925515999912012-06-13T12:17:45.156-04:002012-06-13T12:17:45.156-04:00I just received a letter from Getty Images yesterd...I just received a letter from Getty Images yesterday. I am in Canada and this image was used in an open source program we purchased on the internet. Someone put this image in, not us. I am curious as to what the outcome was for others. I am not sure what to do.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-14621853629772306612012-05-03T02:49:07.758-04:002012-05-03T02:49:07.758-04:00Hi Anonymous of April 23,2012. I'm curious too...Hi Anonymous of April 23,2012. I'm curious too as to the results of all the above posts as a Getty letter just came into my hands, two weeks after due date, of course. And to all of those 'offended' photographers out there, I'm a website designer that purchased some software to use on the non-profit website in question. It has a license agreement with it that states the Software designer is the owner of ALL elements, including photos, backgrounds, etc. and I can only use the Software. So how am I supposed to assume that the image in question was not paid for or licensed by the Software seller? Although since it's an extremely reputable Software company, I figure the image probably was paid for by them.<br />The Software using the image in question has not been in use on my website for the public for two years. However, the files were still up on the 'Net simply because I hadn't gotten around to removing them, so the only way they could be found is by a bot. How are there any damages or anything owed to Getty or the photographer when the image on the Software was not viewable by any human being? <br />I'm in Canada so I'm frankly not worried because like the Australians, we have a small claims court here where we can represent ourselves at little cost. However, I would rather see this go to Court because I've got a Brother-in-Law in law that would drool at the prospect of taking this on. He's known as the Lawyer that sues lawyers, I can just imagine how his company would like to take a shot at this. <br />In any case, for any of you that may still be reading this, or to you Howard, any law updates in this regard would be much appreciated!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-35119729018929065222012-05-01T19:35:09.366-04:002012-05-01T19:35:09.366-04:00This is referred to as scare ware or essentially e...This is referred to as scare ware or essentially extortion letters. Getty provides no proof that theses images are theirs except for the demand letter. Myself and one of my clients received these letters from Getty a couple of years ago. We paid zero on the basis of their demand. We have not heard from them since. We did remove the image in question.<br /><br />Now on to the finer points. in order to PROVE that this is a violation of copy right, Getty needs to provide your lawyer proof that they OWN the image. Not act as agent to, but they actually OWN the image. This isn't the same as the music industry. They also need to PROVE exclusivity to the image. And they need to prove that they have been damaged by your use of the image.<br /><br />Secondly they need to PROVE that the image is indeed copy written. Simply claiming copy right without actually filing a copyright is a misleading claim. There is legal paper and costs involved with copyright and their copyright must be in effect BEFORE the date of their claim.<br /><br />Lastly, to sue you in Canadian Court, they have to serve you, and pay for everything up front. This isn't like America where anyone can sue for any reason without concern for costs. Only the actual OWNER can sue you.<br /><br />On the internet these days there are many scams going about that request money from you with or without any value attached to them. In every case you could be 100% aware of what you are paying and WHY you are paying before you pay anything. In this case I would pay Getty NOTHING, so they could take me to court. When the Canadian court finds that the damages suffered by Getty are nominal (1-5$) their entire empire of scareware would collapse. Might explain why we haven't been reading about all of the lawsuits they have filed.<br /><br />In all cases..buyer beware.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-44407881106616340892012-04-23T16:40:35.277-04:002012-04-23T16:40:35.277-04:00We received a letter from Getty a couple of weeks ...We received a letter from Getty a couple of weeks ago now. We're in BC. I'm a volunteer who agreed to maintain the website for a non-profit group. I'm not a professional web designer - just a volunteer. Now we have a bill for almost $800 for an image that was removed from the website 4 months before we even got the letter. <br /><br />The image that I used was on a website that said the images were free to use on websites. There was no copyright information or watermark on the image. I did not grab it from Google images - it was a website had both free and paid background images for websites, and I selected a free one. <br /><br />I have no proof that the image I used is in fact a Getty Image. All I have is the grainy black and white photo of our website on the letter I received. <br /><br />I don't particularly like the idea of paying them to make it all go away, especially since I have to pay it personally - our group doesn't have $800. But I don't feel right ignoring it, since it's not my personal website.<br /><br />My question is this.. To everyone who said they've decided to ignore the letter, what has since happened? Did they just go away? What happened next?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20803105.post-38613628132536984422012-03-07T09:47:38.677-05:002012-03-07T09:47:38.677-05:00im Nick, a web designer from Malaysia, my client g...im Nick, a web designer from Malaysia, my client got the Getty Letter, asking my client to pay them thru HSBC bank, i adv my client not to respond or pay a single cent and willing to be fully responsible for any action from Getty. ( i hv remove the photo Getty claim to be theirs from my client web). Im waiting for Getty next move. (will update)Anonymousnoreply@blogger.com