Guy Sued For $4,000. Over Using $10. Pic, Sans Permission

u just spawned a bh idea... get some pics copyrighted, pump em up and hope some web designers jack it. then sue them for all they are worth.
 
Sorry about the loss. It's a real pain when losses of this nature are incurred. In most cases, copyright actions over images are just to make some money from people. The enforcement really depends on your place of residence. For anyone living outside the US like China, who gives a shit if any attorney is filing a suit for damages over images?

Exactly which is precisely why I moved all my domains + web hosting offshore.

If I got that shit here is what I'd respond with:

Какое право России авторских прав мы нарушение? Если вы хотите подать в суд на меня, пожалуйста приехать в Россию и судиться меня здесь.

hahahah.
 
Lawyers should lose their minds and go back to their senses.

Lowlife over-logical-money-only-driven people.
 
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Like an internet marketeer, a lawyer is always after the next best thing. [You like to be paid for clicks, they like to be paid for playing your fears...legally]

1. Get legal advice before you answer to such threats (only if you think the threat is serious)

2. Do not get intimidated by the strong language. Its the no.1 weapon a lawyer will use : tell you that you did something wrong, and that you MIGHT suffer the consequences of that certain deed using a very hard language. The "MIGHT" possibility is always hardly mentioned.

3. If they ask you to settle before taking legal action, its a bluff 90 % of the cases. They know their case is a box of shit.

The MO is simple :
They throw e-mails filled with threats->
You get scared->
You look for a way out->
They push you a little bit more, then they offer a way out "SETTLE"->
You take the bait and get ripped off.

As a trick, as soon as you get an e-mail of this kind and you think it is serious, go to your doctor and tell him you suffered lately sudden chest stings, you are demoralized, probably request a few hours of therapy invoking stress and depression but do not mention the written threat, be as evasive as you can be.

Meanwhile play the begging for mercy individual, using e-mails. Do your worst but do not overdo it and use only provable facts. Yes become his e-mail bitching Joe, play his game and let him feel like the hunter and you play the prey. They are always biting this strategy as they feel they are close to their goal, and they will slip for sure.

Now you have a pretty solid case and you can proceed further.

If this kind of actions (suing threats, followed by sudden settling requests) generate medical responses, in this case for the individual threatened to get sued, the lawyer who jumped into action is most likely to become your slave for the next 5 years.

In cases such as "you used my client's picture and we want you to pay us xxxxxx $, because of the damage you caused" your damage will exceed his clients almost every time.

In other words you can make his life a total hell if you play this right. Law is not a big bad scary monster, there are hundreds of scenarios that will literally turn you into a saint.
 
OP got bluffed and settled out of court. Does that about sum this thread up?
 
The courts ruled Google Images only stores the thumbnail of the picture, and the original pictures on Google Images are stored on 3rd party servers or other computers, therefore no copyright infringement has occured.

How is "Google stores a thumbnail" and not the whole image any different than "Pirate Bay stores a torrent file" and not the whole file?

I also had the idea of using Blackhat methods to push images into circulation, then show up a year later sending C&D letters and demanding compensation.

Post the name, address, phone number etc... of the attorney. THey are as fallible as everyone else.
 
You could sue but you would probably lose just like Perfect 10 did when they sued Google for copyright infringement. The courts ruled Google Images only stores the thumbnail of the picture, and the original pictures on Google Images are stored on 3rd party servers or other computers, therefore no copyright infringement has occured.

The same argument could be used for embedding videos on websites. The actual video is stored on YouTube servers, and a website is displaying the video, but it is actually only a link to the video stored on the YouTube server. So you could get sued but you would have a strong Fair Use defense because the uploader has agreed to YouTube's Term's of Use which includes embedding videos. Any uploader can opt-out allowing their video to be embedded which would strengthen Fair Use claims. Of course, this argument assumes the uploaded video is not copyright infringed in the first place.

Anyone know more about this? If you have an image on your blog that is a thumbnail and it links back to the source in the same way Google Images does, is there copyright infridgement or not?
 
Boy, I wish I had read this thread earlier...

I have been creating a websites for many years, this one is for a "Ma and Pa" meat market.

One of the secondary pages has pics of beef, one being a steak on the grill 200px X 150px. The site is over two years old, ready for a update, actually, when 'bam' they get a nasty-gram from g.e.t.t.y images wanting $1800. I thought I had (as with all my site) taken a copy from a free image gallery, but of course I have no way of proving it now.

I removed the image immediately, but the owners are looking at me as to what to do. The formal snail-mail letter requests the money by the end of the month.

Damn, any advise here would really be appreciated. I admit I am not as thick skinned as perhaps others and I am trying to be professional as possible, but I am pretty scared over this kind of thing....

Thanks in advance! :eek:
 
Wayback machine, google cache and so on..

I am more interested in regulations applying to international usage of images.
Let's say I am based in the Netherlands and I am using dutch hosting and I am hotlinking directly to an image instead of hosting it on my server.
I don't see how US based firms, claims, or C&D letters can touch me.

They can't... Unless you're charged with a criminal offense, the US can't do shit to you.

I recommend reading these (they're hilarious):
Code:
http://thepiratebay.org/legal
 
Boy, I wish I had read this thread earlier...

I have been creating a websites for many years, this one is for a "Ma and Pa" meat market.

One of the secondary pages has pics of beef, one being a steak on the grill 200px X 150px. The site is over two years old, ready for a update, actually, when 'bam' they get a nasty-gram from g.e.t.t.y images wanting $1800. I thought I had (as with all my site) taken a copy from a free image gallery, but of course I have no way of proving it now.

I removed the image immediately, but the owners are looking at me as to what to do. The formal snail-mail letter requests the money by the end of the month.

Damn, any advise here would really be appreciated. I admit I am not as thick skinned as perhaps others and I am trying to be professional as possible, but I am pretty scared over this kind of thing....

Thanks in advance! :eek:


Who is asking for the money, getty images? can you post the email you got? it sounds fishy but i'd first ask for proof they have copyright over the image
 
Yup, formal letter from Getty, not an email, including a screenshot of the secondary product page, with the "steak" pic (only 150px x 200px). The other was a "turkey" pic that I sent in an email broadcast for them last november, like a dope I didn't check the photo that was sent from the biz owner. They want $1800 by next week.

I have been doing websites for small biz owners since '94 (back before we got excited about animated gifs) and love helping the little guys, but know they are looking at me to solve this.

The same steak pic shows up 86 times with tineye, the turkey 137 times....I know I know, doesn't help, but I put the steak image on there over two years ago...

Any feedback would be great....thanks!
 
Yup, formal letter from Getty, not an email, including a screenshot of the secondary product page, with the "steak" pic (only 150px x 200px). The other was a "turkey" pic that I sent in an email broadcast for them last november, like a dope I didn't check the photo that was sent from the biz owner. They want $1800 by next week.

I have been doing websites for small biz owners since '94 (back before we got excited about animated gifs) and love helping the little guys, but know they are looking at me to solve this.

The same steak pic shows up 86 times with tineye, the turkey 137 times....I know I know, doesn't help, but I put the steak image on there over two years ago...

Any feedback would be great....thanks!

My advice is just to take the images down. tell them you do so. I guess I shouldnt be suprised. They probably send out tons of emails to people hoping some dummys pay. Like someone said, if only a small percent do pay, they're making a profit. Dont fall for it.
 
Well since this was a snail mail letter from their legal department (included all copyright legal jargon), I called and talked to a gal in accounting (Jeannette if anyone else has to deal with them) who had a scripted reply and they would go down 15%, but no payments accepted, full amount only because "they are not a credit company" and due this week...interesting and sucks big time :(
 
Unfortunately it can be done.It sounds like the person did not hide himself enough or he would not have been sued.The using of the photos with out a 2257 in the U.S. makes the sale of said photos illegal.
Dizz
How can it be proven that after removing an image it was used at all? Logs are just text files, there is not tamper protection. Same with screenshots.
 
Well since this was a snail mail letter from their legal department (included all copyright legal jargon), I called and talked to a gal in accounting (Jeannette if anyone else has to deal with them) who had a scripted reply and they would go down 15%, but no payments accepted, full amount only because "they are not a credit company" and due this week...interesting and sucks big time :(


Dont do it man. I really hope you dont plan on paying them. Im also certain they wont take you to court for this
 
Dont do it man. I really hope you dont plan on paying them. Im also certain they wont take you to court for this

Do you think we should wait until the date expires and see what their next move is? The owners have not contacted them, only myself, and I did not give my real info to them, just that I was inquiring details for the owner.:(
 
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