image

Just got back from a date with the Milky Way.

I’m in love…

2015 in review

The WordPress.com stats helper monkeys prepared a 2015 annual report for this blog.

Here’s an excerpt:

A New York City subway train holds 1,200 people. This blog was viewed about 7,100 times in 2015. If it were a NYC subway train, it would take about 6 trips to carry that many people.

Click here to see the complete report.

Well Guess What?? “Getty Images” is a mad dog!

512px-Mad_dog
I haven’t posted for a while.

Why?  Because Getty Images is a mad dog!!!! There HARASSMENT has kind of zapped my spunk! :(

One year ago I used an image found on Google search, and the Getty police keep making unreasonable demands (~$3000.00).

I’ve spent hours upon hours worrying about this, trying to work with them, researching laws, searching the web for similar issues, and here’s the most important thing I learned: DO NOT ENGAGE.

Apparently, Getty has a HUGE staff, scanning the web, looking for their pictures on sites that haven’t paid a usage fee. Then they send a standard, very intimidating document (because it is professionally written and looks like it came from an attorney), demanding unreasonable fees. They look like they were hired by Getty Images, but they ARE Getty.

IT IS NOT a legal document. DO NOT respond. Remove the picture, block their phone number, file the notices, and wait for a REAL legal summons (which you will never get, because it costs too much to sue the little guy).

They cannot be reasoned with. Because they are Getty robots. They cut and paste from a number of STANDARD responses.  You will never deal with a person that has decision-making authority, so don’t even try.

Of course, I tried. But learn from my mistakes.

The picture they want me to pay $3 grand for is available for free because I wanted it for this blog. Even if I wanted to pay, the most they would take is $245.00. So I offered $245.00. After all, the letter said they are only asking for the “average use fee” and are “waiving” any other fees, but when I pointed out these facts, they cut-and-paste another B.S. response.

By the way, they cannot send it to collection agency, because until they are in front of a judge, they refuse to  prove that they own the usage rights, so they cannot claim a REAL debt. Another scam scare-tactic.

The best defense against these collections is often debt validation. Why? Because the collection agency may not even be legally entitled to collect the debt from you.

What Now? I will pay what a court tells me to, when they tell me to.

By not providing proof of the “debt”, they are teetering on the edge of “willful non-compliance” under the FCRA.

 

Sources:

http://www.creditinfocenter.com/rebuild/debt-validation.shtml

“Getting sued by Getty Images”

IMG_0268When I started my blog, I liked to grab pictures off the Internet to emphasize a point or a line in a poem. I remember being amazed at the resources! I’d Google “happy face“, for instance, and have 100’s of smiles to choose from.

But what about copyrights? On Google, I found the image-search tools, then usage rights. They listed: labeled for reuse, with or without modification, etc. I used “Not filtered by license.” Okay. I’m good to go. a04a92db1424eb0ab1b4107054574e67

THEN , one day in December I received a five-page letter from “Getty Images“, stating I illegally used their copyrighted photos (2), and owed them $1140.00 for each one. It said I had a mere 14 days to pay or contact them to make payment arrangements.

I was devastated! I had no idea I’d done this! I immediately checked my site, checked the Google search tool, and with a pit in my stomach, realized that “not filtered by license” meant the search criteria – NOT that the actual pictures were unrestricted! Big mental error.

But then I noticed something else. Other companies, like “StockPhotos”, had their name all across their photos (watermark), and even some of the “Getty” ones did as well. But NOT the ones I used.

The next thing I did was search “Getting sued by Getty Images”. Guess what? There were SEVEN pages of articles about Getty Harassment Demands, and what to do. My heart was still racing at the thought that I’d have to cough up $3 grand, but I was hopeful, too.

What I learned was very interesting. First of all, the entire copyright issue is quite a mess, what with Facebook, Twitter, Pinterest, Instagram, and bloggers. It’s very difficult to sue every infringement case. Craig Peters, a senior vice president at Getty Images,  found that “tens of millions” of Getty photos have been shared without legal licensing.

They recently opted for offering embedded photos for non-commercial users to use for free. Businesses using their photos to promote products or businesses will still have to pay. But they still have their massive legal department, partly because many people who receive a letter such as the one I received will just go ahead and pay.

People who dispute the charges rarely end up in court. According to records compiled by Bloomberg Law, Getty has only filed seven copyright infringement lawsuits in the past five years.

Following the advice of multiple sites, I composed a respectful email response,

I am so sorry! I always look for copyright info., but it turns out I’ve misunderstood “not filtered by license”. I realize being naive is not a legal defense, but it is true. I have removed the photos on my blog. I will check to see if they show up anywhere else and remove them as well. I’ve deleted them from my computer. I’m hoping this resolves the issue.

A representative wrote back immediately “Since copyright infringement already occurred, Getty Images is seeking fees for the past use. The balance on the settlement demand presented remains due.”  

Sources also encouraged me to ask about the amount they came up with. So I  searched for the images on the Getty site. Sure enough, I found it, but I didn’t fit any of the criteria used for determining price! Finally, I opened  “chat” with the site and here’s what they said:

Pete: Hello!  How can I help you today? jane: if I want to buy this image to illustrate a line in a poem, what “use” category is it? Pete: What is the image number and where/how will the poem be used? jane: Creative image #: 89368514. I write on a blog… Like a Facebook-post. Pete: You may want to have a look at the embed feature…if you fit the category you may be able to put it on your blog at no cost. Or you could purchase an editorial use license, low-res version of the image, for $65.00; are you interested? jane: I’ll check the “free” idea first! ;) Thanks!

Even if I paid $65.00, how did it become ~$1200.00???  They stated in the first letter that they weren’t charging damages. When I asked for the formula they used to come up with the settlement demand, they refused. In my opinion, if someone  presents a demand for payment but refuses to justify the total on the bill, I will not pay it. So I finally emailed the advised letter,

I am a blogger. My pictures are not used for anything but to emphasize a phrase in a quote. They are not for promotion, corporate or otherwise. ​

I have acted in good faith to resolve this matter. You have not satisfied the burden of proof for your CLAIM and I will therefore consider this matter closed.

I ask that you CEASE ALL COMMUNICATION. Any further contact will be deemed HARASSMENT and subject to a lawsuit.

In addition, I will begin tracking my time. If you continue to pursue this matter I will be charging $100.00 to read your letters/emails, and $300.00 per hour for any research required in formulating a reply. It is very important that you pass this information along to your client, Getty Images. Sincerely, Jane Weiss

Who knows – maybe I’m not out of the woods yet, but I haven’t heard from them for a few weeks. Lesson learned? Search “free” sources instead of Google.   Information sources: http://www.bloomberg.com/bw/articles/2014-03-06/since-it-cant-sue-us-all-getty-images-embraces-embedded-photos http://www.extortionletterinfo.com/forum/getty-images-letter-forum/how-to-stop-gettys-employees-harassment/

Thanks for the Very Inspiring Blogger Award

very-inspringawardKaruna (http://livinglearningandlettinggo.wordpress.com/) nominated me for “The Very Inspiring Blogger Award”! I’m very honored!

Living, Learning and Letting Go

very-inspringaward

I was very excited to be nominated for the Very Inspiring Blogger Award by Nichole Davis.  Her blog, Triumphant Wings: My Life with Lupus & Antiphospholipid Syndrome is a place where she shares her journey with two serious chronic illnesses. I particularly appreciate her powerful poem Lost. The poem touched me to my core. Nichole also shares her beautiful photographs on her blog.

Here are the guidelines for the award:

  1. Thank and link the amazing person who nominated you.
  2. List the rules and display the award.
  3. Share seven facts about yourself.
  4. Nominate 15 other amazing blogs and comment on their posts to let them know they have been nominated.
  5. Optional: Proudly display the award logo on your blog and follow the blogger who nominated you.

7 facts about me:

  1. I have either driven through or lived in every state except Alaska.

  2. I’ve been to India 24 times.

  3. I have…

View original post 270 more words