not having copyright info does not mean that there is no copyright. on
the contrary, according to the berne convention, everything has a
copyright, and by default that means there is no right to use (other
than fair use for quoting, etc)
singapore signed the berne convention, so this applies here.
http://www.wipo.int/treaties/en/notifications/berne/treaty_berne_198.html
exceptions to the copyright must be stated explicitly, so unless an
image or text explicitly contains a permission for using it, then it may
not be used.
if someone claims that you violated their copyright, they must show that
they own the copyright and you must show that you have been given
permission.
greetings, martin.
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Martin B�hr http://www.iaeste.at/~mbaehr/ is.schon.org
Hi,
Firstly, IANAL...
I also got a Demand Letter from Getty for a image that was part of a Open Source Mail Administration Utility (vpopmail!)
I ignored the letter, and despite a few reminders, they eventually stopped sending them.
Looking around the internet shows that despite sending these letters to thousands of people around the world, they have not prosecuted anyone. They just send demands for absurd amounts of money in the hope and expectation (clearly correct) that a small proportion will get frightened and pay up.
It seems that calling them, writing to them, or contacting them in any way is a bad move, because it shows them you are taking it seriously. The best bet seems to be to ignore it completely, tell them you don’t know what they are talking about if they call, and make it totally clear that you have no intention of paying their extortion.
You will also find a few postings around the web from people saying that Getty will definitely sue, that you don’t have a leg to stand on etc. These tend to have a similar style and appear to be written by Getty employees in order to put the frighteners on people.
So don’t worry, stay firm, and they will leave you alone in the end.
-----Original message-----
To: HackerspaceSG <hacker...@googlegroups.com>;
From: ongkybeta <ongk...@gmail.com>
Sent: Thu 05-05-2011 13:07
Subject: [HackerspaceSG] Getty Images Demand Letter
Hello hackerspacesg.
I've recently received a demand letter from gettyimages demanding
payment of SGD2K+ for the use on 1 image on my site 2 years ago, which
I was totally unaware was from gettyimages. It was a thumbnailed
version of an image which they claim to be from their database. I had
carefully picked my images from free sites, and made sure they had no
copyright info etc. Specifically, I had never visited gettyimages to
obtain ANY images whatsoever.
Alas, even though the image was removed and there was no warning
letter, they still slam me with a scary, intimidating letter which I
have been really stressed about recently. You can read more here.
http://extortionletterinfo.com/. I received the same letter as those
people.
I have actually replied once to gettyimages (APAC) http://bit.ly/j56LYO
denying intent, and that the images have been removed a while back.
However, they replied and still wanted to claim that 2K+ damages from
me. I kind of regret replying so quickly, and now would like to take a
more careful approach. The cost of getting a license for that photo
would be around what, 50 USD? Extortion is the word I'd like to use
here.
Anyone familiar with Singapore's IP and copyright laws? My company is
registered in Singapore, but the domain is a .com. I am actually
considering consulting a lawyer who is familiar with this, to see my
next course of action. Any idea how much the lawyer fees would cost,
say for a consult? Any help would be greatly appreciated.
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On May 5, 2011, at 2:42 PM, Ong Kiong Hieng wrote:
> Thanks for the info Martin.
>
> I do not deny that the infringement. Definitely after this incident, I will be more careful in usage of images.
>
It is murkey waters! Not interesting for many people.
Anyways if you are interested, good luck with your pursuance.
--
Senthil
Halley's Comet: It came, we saw, we drank.
this sounds like a viable startup idea already. an image search engine that checks if your image is copyrighted. there're image search engines around, but none so specific as to guarantee that its not copyrighted(i think).
Wow. You hit many targets in a single stone. :)
--
Senthil
You can do more with a kind word and a gun than with just a kind word.
-- Al Capone
and then used something like the Fight Club recall inequality to
determine who to sue. ;)
it seems that Intellectual Ventures has optioned Digimarc's IP that
protects Getty Images
http://www.sec.gov/Archives/edgar/data/1438231/000119312511054776/d10k.htm
Patrick
> IANAL also, but I'm with the posture that Justin Hammond's puts forth
> 100%. I think awareness (esp. my own!) needs to increase of the
> yawning chasm between the totality of a jurisdiction's legal code on
> the one hand, and efficient+ reasonable, judiciously-applied
> enforcement on the other.
The exact same thoughts go through my mind every time I jaywalk ...
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Apparently it's important to both look at the exit data as well as doing a reverse image search when using free images so you can claim that you've done your due diligence.
Saying I "didn't intend" to use their images probably won't cut it.
But not as ridiculous as the people on YouTube that uploads complete movies of episodes that think they can get off scotfree by saying "This is not my movie, I claim no rights to it and no infringement of Ip rights intended." Meh?
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--Best Regards,
Jason Lee
Marketing ManagerPARTYMOJO PTE LTD | 2 Jurong East Street 21,#04-28F/05-27F IMM Building Singapore 609601 | M: 90021778 | O: 65696992 | jason@partymojo.com.sg
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Hope they get hit hard as this is fraud!
They not only use others work but misrepresenting it.
Amy links/info to how they represented that image in their archive? Hope do they prove they have the "rights"?
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