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Hit with image violation by a stock photo place from an rss feed

Discussion in 'BlackHat Lounge' started by mpulse, May 11, 2012.

  1. mpulse

    mpulse Regular Member

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    Hey guys,

    I just got a letter from g*e*t*t*y saying I owe then $875 for an image violation.
    This page is /was an auto blog that I shut down. But left the pages up.
    So this page is from an rss feed. Engadget to be exact.


    Anybody have the same thing happen? Any advice?
     
  2. mpulse

    mpulse Regular Member

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    BUMP-ing-ton
     
  3. jazzc

    jazzc Moderator Staff Member Moderator Jr. VIP

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    Moved to the lounge for more exposure as you seem to be looking for input urgently ;)
     
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  4. ADHD-Dude

    ADHD-Dude Power Member

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    Replace the image and you are done, they can't claim money from you for that at this moment.

    They need to send you a DMCA first, then after a long time maybe they will try to sue if you didn't comply with the DMCA, after the law suit then they can claim some money.

    For an image they won't sue, replace the image and don't contact them.

    Maybe is a scam.
     
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    Last edited: May 12, 2012
  5. ahappynugget

    ahappynugget Registered Member

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    Tell em to go suck an egg.

    Sent from my LG-P999 using Tapatalk 2
     
  6. mpulse

    mpulse Regular Member

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    Thank you for moving this thread Mod..

    Thanks guys. Thats what I was thinking..
    Should I remove the image completely? Or just change the image and keep the name?
     
  7. nemsis

    nemsis Jr. VIP Jr. VIP Premium Member

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    Remove all their material.. copyright trolls are a nightmare.

    404 their pics and respond to their dmca.
     
  8. mpulse

    mpulse Regular Member

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    SO I took the pic that WAS on my site and switched it with the original from engadget. So now if you see the page, its hosted on engadget

    And I swaped out the image for one that says minecraft...

    They never sent an official DMCA just a letter saying we owe them $875
    Along with a FAQ's page that says

    If I take down your picture will I still be charged
    "YES"
    among other things


    I didnt see a DMCA though just a bill saying we owe them money
     
  9. SuperNoobInc

    SuperNoobInc Regular Member

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    How exactly did they find out you were using their image?
    Is there a code they encrypted or something?
     
  10. vareeabull

    vareeabull Newbie

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    They use a crawler to search for images that match the images in their database that they own the rights to. Thousands of people have gotten this letter including myself and the best thing to do is change the image and ignore them completely. Comments from this article are what helped me make my decision to ignore the letters. womeninbusiness.about. com/b/2011/08/23/getty-image-settlement-demand-letter-scam-or-for-real.htm (space between the . and com because I'm a noob)
     
  11. smash-wear.nl

    smash-wear.nl Regular Member

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    say you ar living in a other country, send the letter back,,, was helping for me,,,
     
  12. sapo

    sapo Power Member

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    i heard getty images horror stories before seem they dont play, they say you owe them that much you owe them that much lol. happened here to a few members already I believe.
     
  13. vareeabull

    vareeabull Newbie

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    If by "they don't play" you mean they keep sending letters, they do. If you take down the image, they can't really do a damn thing. Take down the image and they will eventually go away. It's just a scare tactic they use in hopes you will freak and just send them a check. Don't fall for it.
     
  14. BlackHatWidow

    BlackHatWidow Newbie

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    Lots of incorrect advice.

    Getty Images are, for the most part, registered with the copyright office. That means that they can legally demand statutory damages from you and don't have to prove damages in a court of law. They have lawyers; you might need to hire one yourself, but it's likely that you'll lose the case.

    The DMCA take downs only protect the web host from liability, it doesn't protect the infringing webmaster. Taking down the image won't help anymore.

    Registered works are a whole different ball game from run-of-the-mill copyright.
     
  15. Nigel Farage

    Nigel Farage BANNED BANNED

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    Ding-Dong, I think that's wrong. Anyone can "legally" demand anything. When you post that irrelevant "fact" it indicates something about who and what you are. I think you are using other people's ignorance of the law to scare them into thinking you know more than you do. I legally demand you pay me $1000 for telling you this. You have 36 post, joined in March and expect people to think you know something based on 4 sentences. You are stupid to assume you have credibility, it naturally follows you are stupid with regard to your opinions regarding the law.

    The OP is in a tight spot, and doesn't need retarded yahoos pulling legal opinion from their ass, and representing them as gospel.
     
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  16. dreamcoder28

    dreamcoder28 Regular Member

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    Agreed

     
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  17. BlackHatWidow

    BlackHatWidow Newbie

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    What OP needs to do is to ask Getty Images proof that the image is registered with the US copyright office.

    If it's not registered - Getty would lose in court, they would have to prove damages, which is nearly impossible.
    If it is registered - OP should consider that $875 is a bargain. Getty doesn't have to prove damages in court.

    That's assuming the letter is actually from Getty Images.

    I deal a lot in image copyright law, I have attorneys, I've been schooled. I reckon the best is for the OP to speak to an actual lawyer instead of a "yahoo" who is involved in copyright lawsuits from the offensive, rather than the defensive side of things.
     
  18. SuperNoobInc

    SuperNoobInc Regular Member

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    So how exactly would GetteImages be able to tell that I didnt purchase it?
     
  19. zen19

    zen19 Elite Member

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    Remove the image - and proceed to ignore them.

    This advice is based on having the same letter 5 or 6 times, as opposed to being a lawyer. It also depends on your country, but afaik, this is a money making generation scheme, which has never actually ended up in a court appearance. In my case Getty were claiming that because they had bought out a smaller library, I needed to repurchase the image from them as I no longer had rights to it. These threats are right up there with debt collector bullshit threats.
     
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  20. SuperNoobInc

    SuperNoobInc Regular Member

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    So yeah.. how can they tell if that image is purchased or stolen?
    What if I take a screenshot of the image, crop it, paste it on PS, and save it as my own image.
    I believe all meta-tag/data/history will be gone by then? They will have no code or trace in that image?

    Thanks