Another Aldrich Law Firm Letter

[justinkunst]

Hello Gentlemen,

I came upon this forum very much like everyone else I'm sure.  I'm bet this sounds familiar, I had an image on my site which I had no clue was copyright and low and behold I received this demand letter.  The letter is dated Dec. 27, though because I recently moved, it was just opened tonight.  They are requesting $1929.00, which I hardly have a fraction of.  I feel insulted and wronged...  What can I do?

Justin Kunst

[Matthew Chan]

Is the letter you received similar to this one?

http://www.scribd.com/doc/78961979/Aldrich-Law-Firm-Settlement-Demand-Law-Letter

[Jerry Witt (mcfilms)]

The best first step is to read these forums. Also watch some of the videos that Matt puts up. And then search on here for your stock agency's name and read all of those threads.

[justinkunst]

Yes Sir, exactly like that.  The company though is "Bokelberg.com", and the picture I had on my site was a collage of images - one of which was apparently from their site.  I didn't make the collage the entire collage was from a different website.  What should I do to resolve this without paying out my nose?

[Robert Krausankas (BuddhaPi)]

Just to confirm, it is Russell Aldrich from Aldrich Law Firm, from San Antonio Texas, representing Bokelberg.com, which appears to be located in Germany? Usually what we have seen thus far is that the attorneys selected ( by selected I mean pulling their name out of a hat) are usually located in the same state as the recipient. I am surprised they are using a US attorney for this, and naturally I have some legal questions.If this company is out of Germany, wouldn't they need to follow German copyright law? Wouldn't they also need a German lawyer. Can Adlrich Law legally represent company out of the states?...

Time do some homework on Bokelberg.com

::EDIT:: I will ad to this thread as I learn more info

Bokelberg.com appears on my list of company's associated with Picscout, so we know how they found the image in question. I'm wondering if Picscout actually selects the lawyers as opposed to the firms that own or claim to own the images....will report my findings shortly.

[justinkunst]

Thanks Buddhapi,

Yes, this is Russell Aldrich from Aldrich Law Firm.  I am reading the forum and learning about the copyright situation with these companies.  I'll check this post daily and I really appreciate your help.  From what I'm reading, you're the person(people) to choose for help.

Justin

[scraggy]

I have to chip in here. This is the second example of a German website threatening legal action in the USA. The second site is foodstock.com whose head office is located in Germany.


Here is the foodstock thread - http://www.extortionletterinfo.com/forum/riddickimageline-letter-forum/stock-food-images-imua-legal-seattle/msg2070/#msg2070


Let’s assume that the German company has received an exclusive license from the photographer, and its contract with the photographer gives it maximum options for any future use of that license, including its future transfer. Maybe there is even a clause that allows Bokelberg ( or Foodstock or Getty ) to subdivide the license into geographical regions. In other words, Foodstock Germany appoints “Foodstock America” to exclusively license its images in North America. On the Getty site, for example, I can only purchase images from my local representative.

Does Foodstock America then have the legal right to sue in the USA? Can they claim that have an exclusive license, and therefore right to sue?

There is no doubt that you can transfer the exclusive right with the copyright owner’s contractual approval, and soon perhaps, even without - http://www.intellectualpropertylawblog.com/archives/copyrights-sublicenses-by-exclusive-licensees-of-copyrights-copyright-clarification-may-change-the-law.html

The question is whether you can subdivide a worldwide right into geographical regions. i.e. separate countries.

If the answer the yes, then any stock image company the world over will be able to appoint a local representative to sue on their behalf, whilst claiming that that their right to sue is based on a genuine exclusive right – the right to sell exclusively in their own country.

Here in Israel, Getty has their local representative, who is causing much heartache to many small businesses. If the above scenario is legal, then Americans will soon have to deal with more and more European, Asian, etc stock photo companies. The number of settlement demand letters will multiply rapidly.

Can someone please destroy my scenario with a serious legal argument? It’s not quite Righthaven, as the local office does at least put some work in.

[SoylentGreen]

I'm not an expert on this.

However, I'm guessing that one could file a lawsuit in most places that have a formal court system.
I'm sure that 'international' claims would have to be based on laws local to the alleged infringer.
But, it's doubtful that many foreign firms have registered their copyrights with the US Copyright Office.
Even US firms have done a terrible job in this regard.

Does anyone know if such a case would fall under the Berne Convention?

If the dispute is over a small number of images, I can't see how they could enforce payment without expending a great deal of effort.

S.G.

[surprisinguy]

I too received an Aldrich Letter Dated Jan 5. I have talked to Mr. Aldrich concerning the image (just one) and told him I didnt have the money to pay ($1070). In an email a few days later he told me that his client was probably understanding and that if I paid by Thursday the 26th I would "only" have to pay $500.
My website was made over 10 years ago, the company that did it is out of business so there are no licenses to be had. So in a few days I guess I'll be popping out money that I dont have. I own a small business that in no way consciously infringed on a copyright. A takedown would have sufficed. Strong armed law.

[Robert Krausankas (BuddhaPi)]

And you're willing to pay $500.00 for an image they may not even own, may not be registered, or may be available elsewhere for free???

Paying them gives them another win, and just adds fuel to the fire for them to keep sending more letters...

Have you read any of the threads here?
Are you aware that you have options??

[Matthew Chan]

Unfortunately, you can only help those that are willing to help and fight for themselves....

For some, parting with their money is much easier than learning how to fight back.

And you're willing to pay $500.00 for an image they may not even own, may not be registered, or may be available elsewhere for free???

Paying them gives them another win, and just adds fuel to the fire for them to keep sending more letters...

Have you read any of the threads here?
Are you aware that you have options??

[surprisinguy]

Good morning,
I've read through many of the threads, probably not all. The photo in question is listed on their site for sale. What exactly are my options? The attorney is in Texas, I'm in NC. Does he have to file here in NC or will he in Texas if he is so inclined? I really dont have the available cash to even pay the $500 and I assume (though of course I could be wrong) that if he sues it will be for the whole amount of $1070. Am I wrong if he files in Texas that I would have to appear there?
I've searched for the image as best as I can to see if it's listed anywhere else but have only found it on bokelberg's site (with others of the same model shoot). I'll take any kind of advice. Thanks.

[Robert Krausankas (BuddhaPi)]

I'm going to make this short and sweet, because all of this info is readily available, you will need to do more research to determine your own best coarse of action.

IF a suit is filed it would need to be filed in federal court in NC.
IF a suit is filed it will be for much more, cause they will want atty. fees as well and most likely more.
Search the copyright.gov site for the image in question.
Demand that they provide you with proof of registration.
Pick that registration apart, make sure it is signed/dated and in order.
Perform a reverse image search on google with the image in question.
Perform a search on tineye with the image in question.

If the image is for sale, for how much?? Demand to know how they arrived at the number they are demanding.

Start there, get educated, keep reading, see how others have handled this.

[surprisinguy]

Thank you very much, I'll get started.
I've seen a lot of "getty" posts but not many of the "aldrich" ones yet.
Have a great day.

[Robert Krausankas (BuddhaPi)]

Aldrich Law Firm is a new player, and he's only been practicing for like 3 months. The basics apply to most stock photo demand letters.