Clarification About Claims Made Against Canadian Businesses or Individuals

[Oscar Michelen]

OK, so every so often I get contacted by folks from Canada who want assistance with these trolling claims. There is some confusion as to when I can and cannot get involved, so I thought I would try and clear that up. If the claim is made to a Canadian entity or national from either Masterfile (which is based in Canada) or Getty's Canadian Office or which asserts claims under Canada's Copyright Law, then I CANNOT get involved.

A Canadian lawyer must be the one handling those exclusively Canadian claims.  But if a Canadian entity or national receives a claim from a US based company asserting infringement of US Copyright Law, then I can help them with their demand letter as US Copyright is Federal. So it doesn't matter where the recipient IS, it matters which law the letter asserts.

Obviously, if a lawsuit is filed in Canada, then a Canadian lawyer is needed. Similarly, if  lawsuit is filed outside where I am admitted to practice I would have to retain a local lawyer to move my admission into that state as has happened a number of times around the country.  Hope that clears up this jurisdictional issue.     

[meontheweb]

Thank you for that clarification - I'm in the latter situation, the letter is addressed to me (I am in Canada) but it is coming from the US but their letter does reference the Canadian Copyright Act , Title 17 U.S.C.A., the COpyright Act of 1976 and "equivalent laws in other jurisdictions" - as such I suspect most of the Canadians getting letters will be in the same boat.

[walter]

I am in Vancouver Canada. We received a Getty Images Letter demanding payment from their Seattle USA office. Am I right in assuming that Mr Oscar Michelen's office can write the letter to Getty on our behalf? We need to send letter this week.in order to comply with their deadline.

Thanks

[Robert Krausankas (BuddhaPi)]

yes, that would be correct..