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Re: Copyright progressFrom our friends at EPUK:
http://copyrightaction.com/forum/the-real-cost-of-being-sued-by-getty Why doesn't Getty or Corbis start action in US? Leif Skoogfors -- CONFIDENTIAL This message is only intended for the use of the individual or entity who is the recipient and may contain information that is copyrighted, privileged, confidential and exempt from disclosure. If you are not the intended recipient, please do not copy disseminate, or distribute this communication, by e-mail or otherwise. Instead, please notify us immediately by return e-mail and delete and discard all copies of this e-mail. Thank you. [Non-text portions of this message have been removed] |
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Re: Re: Copyright progressOn 26 Oct 2009, at 14:12, Leif Skoogfors wrote:
> From our friends at EPUK: > > http://copyrightaction.com/forum/the-real-cost-of-being-sued-by-getty > > Why doesn't Getty or Corbis start action in US? > > Leif Skoogfors Dear Leif I have been studying this quite a bit recently. I think that there are relatively few copyright cases that go to court in the UK because the UK law is fairly clear cut. Cases are all dealt with in one court and heard by a small number of judges who are experts in IP law. The result is that most people settle out of court because their expert lawyers advise it. By contrast it seems that in the US a copyright case can go any number of ways in any number of states with the result that US precedent is nothing like so clear cut. There are lawyers in both the UK and the USA who are making a very good living out of writing 'template' letters in answer to Getty. One particular US lawyer has written many hundred at about $150 a time. As far as I can see he has no deep experience of copyright but will take on anything. His most famous client seems to be a rapper called Shyne. Search his name and Getty and you will get an idea what photographers are up against. Bob Croxford www.atmosphere.co.uk |
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Re: Re: Copyright progressYes, none of us are perfect (although some might argue ;-} ), but sometimes photographers, being the 'creative, artistic' types that we are (or aspire to be), can be our own worst enemies when it comes to mundane legal and other matters that detract us from our missions. Case in point, related to this Sheperd Fairy case, let's not forget that there still seems to be some contention as to who owns the ©, Manny Garcia as a freelancer, or the AP who says Manny was a staffer and thus under 'work for hire' rules. To me, it's either clear or it is not, or at least should be, but without the 'facts' I can only speculate. A basic understanding of © law and business law should be a fundamental prerequisite for any producer of intellectual property, as boring and as mundane as acquiring that knowledge may be. Anything less is not only incompetent, but, as this and other cases have proven time and time again, can be downright career threatening or financially devastating. As for those hot dogs (or lack thereof) at the expo last week, my personal situation prevented me from attending this year due to cbmc (circumstances beyond my control), one of the few expos I've not attended over the years. Perhaps next year.........if there is still a stock photo industry............ regards, Len Holsborg http://lenholsborg.com images also available @ http://gettyimages.com/photonica http://alamy.com http://cgibackgrounds.com rights managed licensing exclusively -----Original Message----- From: Joseph Pobereskin <joseph@...> To: stockphoto@... Sent: Tue, Oct 27, 2009 10:57 am Subject: [STOCKPHOTO] Re: Copyright progress Leif Skoogfors wrote: > Why doesn't Getty or Corbis start action in US? I believe it's the difference in copyright law that keeps Getty Images out of US District Court: in order to collect statutory damages & recoup attorneys' fees the images infringed upon must be registered with the Library of Congress and 90% of photographers do not register their work. That fact makes it a fool's errand to sue, Getty couldn't possibly collect anything worthwhile. To be certain, the fault lies with *photographers* and not Getty Images. (bet you never thought you'd see me defending them! me too) My 2¢, Joe Pobereskin PS: PhotoPlus was a bust without my hot dog eating pals -- Joseph Pobereskin Photography | Chicago http://pobereskin.com v3.0 +1 (847) 215-1794 Joe's Private Stock http://tinyurl.com/pobereskin "Eat At Joe's" http://cafejoetogo.blogspot.com Member - C3 http://www.chicagocreative.org Member - PLUS Coalition http://www.useplus.org Member - SAA http://www.stockartistsalliance.org Member/Director - ASMP Chicago http://www.chimwasmp.org ------------------------------------------------------- Why do I need T.V. when I've got T-Rex? [Non-text portions of this message have been removed] |
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Re: Re: Copyright progressOn Wed, Oct 28, 2009 at 9:10 AM, Leif Skoogfors <skoogfors@...> wrote:
> *Joe Poderskin wrote:* > I've registered every photograph on Corbis. They have a program to register > all work > you have on line if you choose. It is a terrific program, something Getty > should have picked up > on as well. I asked Getty about this, and they said that there are two main reasons why this isn't feasible. One, it wouldn't be cost effective (it's a lot of internal paperwork, with the photographer first having to assign their copyright to Getty Images, presumably to have the copyright then assigned back to the photographer after registration.) Two, when they consulted with the United States Copyright Office, they were told that the U.S. Government simply could not handle the kind of volume that Getty was considering putting into the system. So while they encourage everyone to register their copyrights, they know full well that if everyone who submitted to Getty actually registered their copyrights, the U.S. Copyright Office would grind to a halt. -Ryan McGinnis The BIG Storm Picture -- http://bigstormpicture.com Vortex-2 image licensing at http://vortex-2.com Getty: http://www.gettyimages.com/search/search.aspx?artist=Ryan+McGinnis |
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Re: Re: Copyright progress"...if everyone who submitted to Getty actually registered their
copyrights, the U.S. Copyright Office would grind to a halt." This just might be a good thing if it produced movement toward getting rid of the unnecessary registration procedure in the U.S. in order to get full benefit of copyright protection. Carl May [Non-text portions of this message have been removed] |
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