ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: CanadianUser on May 23, 2011, 05:14:16 PM
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Have received a letter for a single image infringement. Am in Canada and the artist is Canadian also. 2,100.00~ is the demand amount.
Having read this site, it's not clear to me what the results have been of retaining Oscar for 150.00 to draft a letter. I realize he isn't licensed to practice in Canada and provides the drafted letter to place on your own letter head. So I'm wondering, does this result in the issue going away at no further cost for a single image infringement scenario. Or does it simply set the groundwork for a settlement, and if so. What's the approximate amount.
What have been the end results of individuals contesting demands of single image infringements?
I've read all the other posts on this forum with relation to Canada. I have put together the site traffic, length of use, and innocent infringement documentation.
Thank you Matt and Oscar for your efforts.
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I believe the final disposition varies from case to case but if there was a settlement made usually there is a confidentiality clause to not speak about it. Some may simply go unresolved and pending.
I know that is a vague answer but I believe the final disposition varies.
Matthew
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Further to what I've mentioned. Can you recommend anything to put forward to them?
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I'm a Canadian.
Those scumbags sent me the extortion letter last fall. They demanded 3 grand for 3 postage size images that were part of some (supposed) "free" clipart used for a web site. Since there were both Canadian as well as American banking info in the letter, and, since I did not want to give them a dime (after making one phone call and dealing with a dispassionate "automaton" on the other end of the line), I decided to hire Oscar who in turn sent them (1) letter. Touch wood, not a peep from them since last September. I'm sure he can do the same for you. I'd rather hire Oscar and pay him whatever he requires, then begrudge those pr--ks one red cent. Their tactics are grossly unethical, malicious, conniving and utterly contemptible. A cease and desist letter should have prefaced ANY payment demand. Screw them. (My opinions, only.)
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I'm a Canadian.
Those scumbags sent me the extortion letter last fall. They demanded 3 grand for 3 postage size images that were part of some (supposed) "free" clipart used for a web site. Since there were both Canadian as well as American banking info in the letter, and, since I did not want to give them a dime (after making one phone call and dealing with a dispassionate "automaton" on the other end of the line), I decided to hire Oscar who in turn sent them (1) letter. Touch wood, not a peep from them since last September. I'm sure he can do the same for you. I'd rather hire Oscar and pay him whatever he requires, then begrudge those pr--ks one red cent. Their tactics are grossly unethical, malicious, conniving and utterly contemptible. A cease and desist letter should have prefaced ANY payment demand. Screw them. (My opinions, only.)
Thanks for the response, can you confirm if that was Getty or Masterfile you dealt with?
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Not sure if makes much of a difference since the tactics are similar, but in my case it was Getty.
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Thanks for the quick reply, it does appear Masterfile operates differently in that it tends to take matters to court more frequently. Plus Masterfile is Toronto based and Canadian Copyright laws apply to alleged Canadian copyright infringement by a Canadian.
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Getty and MF are different in that MF has registered all of their images which exposes you to legal fees if they win a lawsuit against you. .
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Here's my opinion of masterfile's copyright registration efforts.
Masterfile makes it appear that it owns the copyright of all of its images by registering said content in very large compilations.
Each are usually called "the best of masterfile 'x'", etc.
Closer inspection shows that while these compilations are 'registered', the copyright of some of the individual images are still held by the original photographer/artist.
Registering copyrights in this manner could be seen as a way of "manufacturing standing" in order to sue.
The recent Righthaven court loss shows us that a when a third-party company (like masterfile) sues on behalf of a copyright owner (the photographer/artist), it can end in a loss (with damages awarded to the defendant).
So, determine who owns each individual image in question before making big payouts to MF.
S.G.
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Good point SG and this was the issue in the Muensch case. Also, for our Canadian friends innocent infringement is a defense to damages in Canada. The court can only require you to cease and desist if you can establish innocent infringement.