Masterfile Letter

[goodnesssake]

A friend of mine gets a letter from Masterfile fedex and claimimg they own the copyright to two images on his site.  The site was built in 2004 and the company that designed the site outsource the design to India.  The company was sold over 7 years ago to a new owner.  In the copyright documents MF emailed him there are 100s of Photographers listed on the copyright registration in the compilation.

Of course he took the images down.  Contacted the fellow who owned the company previously and of course he put him in touch with the Indian Outsource company who made the site and used the photos. They said they got them on google and from  a cd. So my friend called his lawyer, but he is so frustrated on the pettiness of this that no one was aware and certainly no one made any significant money on the sale or on his onging website. 

They ask for 12K as if they are the sole reason for the success of any business on the site.  It is just plain sickining that he has to go through this.  He is wondering if the old owner may have liabilty,  the Indian company ( good luck with that I guess) or the new owner.  Should he report this to the consumer protection of the attroney general office of the state?

Thanks
Goodnesssake

[Robert Krausankas (BuddhaPi)]

you need to direct your friend here, as he/she will be the one dealilng with this, he/she needs to get educated. At this point complaining to the AG or consumer protection is moot, what they are doing is within the law. Thats not to say that a complaint may not be warranted somewhere down the road.

::EDIT:: Masterfile is a different beast than Getty, and they have been known to file suit, and they have been known to have their ducks in a row..

[goodnesssake]

He ask me to post as he is not internet savvy and not well. 

He wants to know if he should answer the letter indicating that he is aware of this ruling from Oscar Michelen website.

In a decision that could have far-reaching implications for the licensors of digital images, Federal Judge Loretta Preska, the Chief Judge for the Southern District of New York, declared as improper and unenforceable the standard method for registering images by digital image warehouses like Corbis and Masterfile (the biggest of them Getty Images, does not register its images with the Copyright Office).
 
Let me briefly explain the situation:  digital photography has allowed photographers to upload whole catalogues of images into a database and then “assign” their copyright in the images to these large digital image warehouses that then license them for use to media companies, web developers and the like. So if you’re building a website and need the perfect picture of a woman talking on the phone for your cell phone company client, you need only go to Corbis, Masterfile or Getty’s websites, type in “woman on cellphone” and get dozens of shots to choose from. Pick the resolution and use you want, pay the licensing fee and you get to download the image.  The photog and the “warehouse” split the license fee under a written agreement.

[Robert Krausankas (BuddhaPi)]

ummm NO
if he is not well, and not able willing to get educated, I 'm going to recommend he join Oscar letter program, the only way to make it "go away" is to pay or negotiate a settlement..contacting them will no do any good, unless he wants to ride the merry go around for the next three years.

[Moe Hacken]

goodnesssake, Buddhapi's suggestion has many advantages. The decision about bulk registrations is still on appeal and it may take some time before a decision is made.

Once they receive a letter from Oscar Michelen or any intellectual property attorney representing you, they have to stop harassing you directly. Oscar Michelen's letter program will buy you time while that decision is made and get the Masterfile trolls off your friend's back, so he can concentrate on getting well. The last thing a person needs when they're ill is the stress that comes from dealing with these legal henchmen.

Additionally, Oscar Michelen is very keen on that particular aspect of copyright law. I think he would be the best choice for that reason alone. The price is incredibly low for the service you will get and for the expertise that backs up the service.

Check out this page for more information:

http://www.extortionletterinfo.com/oscar-michelens-getty-images-defense-letter-program/

[goodnesssake]

Thanks for your advice it seems reasonable to me.  Hopefully it will yield postive results. Reading through the post is quite interesting and informative.  It is sad that these trolls who prey on people give real and legitimate copyright enforcement a bad name.

A few other questions if you would be kind enough to offer advice.

1.) Do you have any results contacting the photographer directly and asking him if he is aware of how they handle his business with repect to this ?  I wouldn't buy a dime worth of his work if he condones this.   I noticed on his page he has no copyright notice on his works at all.  While I understand that when he puts it it in fixed form he owns the copyright it would seem if you are concerned with it you would at least display the notice.  Your thoughts please?

2.) Why don't you have an MF forum?

Thanks

[Greg Troy (KeepFighting)]

I'm going to just state my opinion here and the others will join in and correct me if I'm wrong or have left something out. Contacting the artist may or may not be of help to you, a lot of it can depend on the contract the artist has with Masterfile. Masterfile is known as one of the few stock image companies that actually seems to have their paperwork done correctly. If the contract with masterfile transfers full and exclusive rights to the image and the authority to pursue copyright infringement I'm not sure how much the artist could do.

I only remember one instance where someone had contacted the artist and that was over a Getty image, as it turned out the artist had severed ties with Getty because they were unhappy with them and I believe he was able to successfully argue his case stating Getty had no rights to the image since the artist had severed ties with them.

As to why there is not a masterfile form I can only speculate, and Matthew or Robert will have to give us the definitive answer but it is my guess that we just don't see enough Masterfile letters to warrant an entire form on it.

Reading your previous posts about your friend I am going to agree with Robert that probably the best thing he can do would be to contact Oscar and join his defense letter program. For the little bit of money you will pay you are getting a highly experienced lawyer in this field and once Oscar informs them that he is representing your friend, your friend will not be contacted again in be able to devote his energies to getting well.

Please keep us informed and let us know what your friend decides to do, best of luck to you and your friend.

Thanks for your advice it seems reasonable to me.  Hopefully it will yield postive results. Reading through the post is quite interesting and informative.  It is sad that these trolls who prey on people give real and legitimate copyright enforcement a bad name.

A few other questions if you would be kind enough to offer advice.

1.) Do you have any results contacting the photographer directly and asking him if he is aware of how they handle his business with repect to this ?  I wouldn't buy a dime worth of his work if he condones this.   I noticed on his page he has no copyright notice on his works at all.  While I understand that when he puts it it in fixed form he owns the copyright it would seem if you are concerned with it you would at least display the notice.  Your thoughts please?

2.) Why don't you have an MF forum?

Thanks

[SoylentGreen]

Out of all the trolls in this "business", masterfile is most likely to have its paperwork in order.
However, this isn't always the case.  It's best to check.  Masterfile (to its credit) will usually forward the paperwork if requested.

There's been a handful of cases wherein the artist has been contacted.
The results varied from bewilderment, some artists will verify what kind of contract exists, and some won't respond at all.

Right now, masterfile seems to be quite tied up litigating a case wherein they're seeking millions of dollars.
It seems that nobody else has been sued for a little while.  This could be good news for those that are risk-takers.

Masterfile and Getty were similar in many respects; therefore the "Getty" forum also handles masterfile topics.
Recently, Getty has been proven to be quite weak in its legal standing.  Masterfile is a bit stronger and litigious.
So, there are some differences.

Masterfile is like a wasp that can sting you, whereas Getty is like one of those harmless flies that looks like a wasp from a distance.

S.G.

[Moe Hacken]

I would guess that when the forum started, Getty Images may have been the most egregious offenders among the trolls and that inspired Matthew to name it the "Getty Images Forum".

Since then, so many wannabe trolls have jumped into the fray that it now seems like a misnomer. Maybe just "Images Extortion Letter Forum" would be more accurate now since it includes so many different entities participating in trolling activities.

If you had a specific forum for each of the image companies, the information would be fragmented and it would defeat the purpose of creating strength by the union of the victims who have suffered or are suffering from pretty much the same abusive practices. Having them in one place gives us the opportunity to compare their different approaches and devise solutions for each approach.

Each individual case is different and the nuances are important. Little by little we're taking apart their model and finding the weaknesses that help us fight back.

I guess Getty gets the "honor" of having the forum after them for being a pioneer in the trolling business, and for providing us with the clown prince of copyright trolls, who doesn't even need to be mentioned by name here.

[Jerry Witt (mcfilms)]

I like that idea Moe.

Righthaven had to do with alleged infringement on newspaper stories.
Linda Ellis had to do with alleged infringement on poetry.
This forum, though originally about Getty, has expanded to Masterfile, Hawaiian Art Network, Corbis, and many other Junior Trolls. Calling it the "Image Extortion Letter Forum" makes sense and should attract any image letter recipient. (However it appears that in more and more cases their first point of contact may be by phone or email.)

[fighting_masterfile]

I have been fighting Masterfile since August 2011 over 4 images.  I received a letter from Masterfile and then they switched over to e-mails (cheap b*sta*ds).  After that they had a collection company call a few times but never got a live person on my end so the collection company NCS has sent over letters.  I have denied any guilt and have also asked them for proof of Copywrite, exclusive rights to the photos but to this date I have not been given anything.  It goes quite for a while and then they start back up.  Hang in there and look at Oscars program as a way to at least have them stop contacting you.  With what I know at this point I would have gone that route but just may at some point if I cool off and stop being pissed about what they are trying to do with their EXTORTION!

[goodnesssake]

Wow they turn over a questionable debt to a collection agency? Did the collection agency report it to the credit reporting agencies? 

Did you send a cease and desist letter to the collection agency that you no longer wished to be contacted about this debt. 

Don't we have something if they report to the credit reporting agency and the debt is invalid or at best questionable?

[SoylentGreen]

The collection agency thing has been discussed many times in the past.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/the-ncs-settlement-letter-ignore-or-write-to-them-to-dispute-debt/

S.G.

[goodnesssake]

I am sure  it has I ask him what he has done to deal with it? 

I was a marketing rep for a collection agency in my 30s and a collector for 10 years.  I can tell you from experience one thing they hate is letters that come from the attorney generals office  reporting bad debt and breaking the collections laws ( calling too much, dunning notices for the same debt from separate places etc) and claim ( debts) that they can't collect.

Nothing wrong with a little repetition to insure we don't miss anything is there and someone else's observations and inquiry?

:*)

K

[SoylentGreen]

Point well taken!  However, this is a topic that's come up dozens of times.
It's worthwhile to search the forum a bit; there's lots of postings about it.
Here's a few to get started on; pay special attention to the first entry.

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/fair-debt-collection-practices-act-(eli-highlights)/
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/collections/
http://www.extortionletterinfo.com/forum/uk-getty-images-letter-forum/help!-debt-collection-letter-arrived/

As Oscar might say, "Here endeth the lesson".  Again, don't underestimate the rich collection of previous discussions.

You ask, "What has he done to deal with it"?  To whom are you referring?

S.G.