Masterfile 3rd Communication - What to do?

[Robert Jones]

Masterfile has sent 3 communications to us about the alleged copyright infringement of 3 images used on our website.  We were initially contacted on September 3, 2009.  We immediately removed the images on that very day.

These images were part of a website template that we purchased from TemplateMonster.com, so we believe that we are free of liability due to a reasonable expectation of the adherence of copyright law during our purchase of the website template.

Masterfile has sent us a DRAFT of a complaint that looks identical to the one recently posted on this website towards "Country Cycling & Hiking Tours By Brooks, Inc."

They are asking us to pay the arbitrary sum of approximately $10,000 for the use of 3 images that we had previously paid for nearly 4 years ago.  I understand that you typically recommend settlement, but I can't see how we can be liable for copyright infringement.

Up until now, it has been our policy to ignore communication from Masterfile, as we understand this to be nothing more than a high pressure sales tactic.  We feel that initiating communication with Masterfile will only exacerbate their willingness to extort.

Your advice is very much appreciated,
Robert Jones

[Oscar Michelen]

Dear Robert:


You ignore Masterfile at your  own peril. I don't know who has been advising you to ignore this claim as "a high sales pressure tactic," but it certainly is not what is recommended on this site. That term may fit Getty's Letter Demand Program, but it does not apply to Masterfile, for reasons sets forth in numerous prior posts and topics on this issue on this site.  As you see from the Brooks Cycling Tour case, Masterfile was awarded $1,100 in damages and about $6,000 in legal fees - $7,000 for one infringement in that case, so clearly they cannot be ignored.  I will be in the office tomorrow after 2PM NY time if you would like my advice on how to proceed. 516 248 8000. Thanks for the post


Oscar

[Robert Jones]

Oscar, thank you very much for your reply.

[Robert Jones]

Based upon advice on this website, we initiated communication with Masterfile.

I sent an email directly to their Copyright Compliance Officer with details of our purchase of the website template (containing the 3 alleged infringing images) from TemplateMonster.com back in 2004.  We have the original purchase receipt and files.  We have also contacted the Copyright Officer at TemplateMonster.com, who responded that he will assist us with this complaint.

Upon sending this information to Masterfile,  we immediately received a short email indicating that we need to settle with them or they are going to litigate.

Assuming they actually did hold copyrights on these images prior to 2004, we purchased them (with proof!) from a 3rd party.  I can't see Masterfile walking away with anything other than an innocent infringement award of $200 per image... assuming they can provide proof of 3 separate registrations.  But of course, we would hate to pay their legal fees.

Any thoughts?

Also, if all of this came to pass... could we then file a complaint against TemplateMonster for the damages or settlement we had to pay resulting from their negligence?

[Oscar Michelen]

You should look in to a settlement Masterfile did in Idaho with Template Monster.  They may have resolved it and not be allowed to proceed any further with the claim.

[gettyvictim120]

I managed to have the infringement fees waived after using images included with a Template Monster template. The images included with my template were from Getty Images. I cannot comment on whether the same thing will work with Masterfile. Getty Images and Template Monster came to some sort of settlement which included those who had purchased certain templates.

Template Monster has had ongoing copyright issues for years. I recommend not purchasing templates from them.

[Oscar Michelen]

I would recommend also staying away from Template Monster until they clear up these issues.