ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: bluesky on July 30, 2011, 02:22:50 PM
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Has anyone actually verified with the US Library of Congress that their infringed image registered by Masterfile as a part of the compilation actually exist on the CD that they submitted as a part of the copyright registration?
I tried to obtain a copy some of their images, and the response from them was that they are not available due to media problems.
They had registered most of their images almost ten years ago. The lifespan of a poor quality CD is 2 years, lifespan of a good quality CD is 5 years. After that period, the CD material disintegrates and the data becomes unreadable. Many of the images on the CDs stored in the US Library of Congress may already be corrupted, or the entire CD may not even be readable. This would make their registered compilation no longer valid because nobody can verify what their registered images look like. In that scenario they may have the freedom to lie what image is registered from a particular artist in the CD compilation, and that would put their claims in great doubt and therefore invalid. All of their registrations seem to be in a digital form only.
It is worth verifying if you can actually see the infringed image in the US Library of Congress. If they can't find it because the CD is corrupted and is not possible to view the image, their registration would be invalid. Who knows, the image may not even be on the CD at all.
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Now thats an interesting concept! Thanx for sharing!
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What an interesting little tidbit this is. Thanks a lot for posting.
This is why it's important to check the small details. Who knows what this could mean for a legal dispute?
Time for John L MacDougall of MF to send some threatening letters the Library of Congress.
I mean, that's his job right?
S.G.
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Excellent post. Masterfile may have a hard copy list of what they submitted however and they may also have their registrations saved on their servers so I am not so sure that it will be unprovable. If an officer of MF swears that this hard copy MF maintained is an exact copy of what was filed, that may be enough for a court to accept absent evidence of fraud or mistake.
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One of the rare times you point blank refuted some ridiculous statement:
"If they can't find it because the CD is corrupted and is not possible to view the image, their registration would be invalid. "
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I am nothing if not objective and practical helpi
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It is just like reading my mind! I asked my husband to make an appointment at the Library of Congress and actually see the image with our own eyes! I was in a right way then!
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I will swear that my infringement was innocent as well. If they were so careless not to send prints, or send the images on a good CD to US Library of Congress, that is their own fault. The judge in court will say: You are welcomed to re-register and pay registration fees again. This time make sure your pictures are correctly saved on the CDs or submit prints. If it went to a jury, Masterfile can swear on their grandmas grave and nobody will side with them. Jury will never side with corporate crooks. They lose the case and people that settled before will start checking if their image was at the US Library of Congress. Big class lawsuit will happen.