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Author Topic: Received Masterfile letter, had developer in India make the site  (Read 2435 times)

abdul1

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Hi Oscar and everyone in the Forum,

I was asked to help get my friend's bosses website completed, and I found a developer online to do it for me. Masterfile sent a letter today notifying of copyright infringement.  I called and spoke to the person who sent the letter and informed them that the end user had asked me to get the website done, and that I found a person in india to work on it. I let them know that I had no idea the person was using photo's that weren't paid for, and because I'm a college student with no job, I wouldn't be able to pay the fee they were asking for.  The rep reduced the cost to $1,500 and offered to speak with the General Counsel to see what can be done since I am jobless but responded quickly.  What should I do? I honestly don't have a job and take student loans to pay for school. Thanks for your help in advance.


Sincerely,

Abdul

SoylentGreen

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Re: Received Masterfile letter, had developer in India make the site
« Reply #1 on: January 22, 2013, 07:05:18 PM »
Welcome to the forums.
Masterfile should be addressing the business that owns the website.
i.e. your friend's boss, et al.

S.G.


abdul1

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Re: Received Masterfile letter, had developer in India make the site
« Reply #2 on: January 22, 2013, 11:24:49 PM »
That's the thing, my friends boss paid me the cost I told him, and when I found someone that was slightly cheaper I used them.  He is now looking to me to pay the fee since I had gotten it made for him. Advise?

rock

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Re: Received Masterfile letter, had developer in India make the site
« Reply #3 on: January 22, 2013, 11:37:39 PM »
DO NOT PANIC and CALM down, not everything they tell you is correct.
Oscar just won this case against Masterfile
Copyright Registration Method Held Invalid by California Court
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/masterfile's-copyright-registration-method-held-invalid-by-california-court/

Enroll into Attorney Oscar Michelen’s Defense Letter Program.
http://www.extortionletterinfo.com/2012-update-expansion-of-attorney-oscar-michelens-defense-letter-program/
Masterfile Defense Letter Program: $250.00 USD
« Last Edit: January 22, 2013, 11:45:18 PM by rock »

SoylentGreen

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Re: Received Masterfile letter, had developer in India make the site
« Reply #4 on: January 22, 2013, 11:46:18 PM »
Here's the issue.

You were paid to do a job as an employee or consultant.
Employees/consultants are NOT normally the recipients of these legal demands.
The focus is ALWAYS on either the company that actually owns the site, or the actual development company.

Masterfile has NO actual legal leverage to make you pay.
They'd have to sue the company or the web development company or BOTH.
If your friend's boss wanted to make you pay after MF makes him pay, he'd have to sue you.
This would be quite a difficult case, the costs would vastly eclipse anything that he'd gain, and he would be unlikely to prevail.

But, it's up to you... if you feel responsible, you can make the best deal that you can with MF and pay that.
However, if you don't have any money, what's the point?
I'd suggest Oscar's "letter program", BUT, I don't think that you should take steps that would imply that you are legally responsible.

I really think that this is going to end up in the hands of the company that owns the website.

S.G.


SoylentGreen

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Re: Received Masterfile letter, had developer in India make the site
« Reply #5 on: January 23, 2013, 11:18:05 AM »
I should also add that this is a case of "innocent infringement".
That is, while the end-user "infringed", the infringement wasn't intentional, and/or it was committed by a third party (in India).
Courts normally only award $200 in cases like this (if anything).

Perhaps, the company that actually owns the website could offer this amount to MF.
MF probably won't accept it.  But, it IS fair.

S.G.


 

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