Masterfile Licensing in the case of MF vs Country Cycling = Scamola?

[SoylentGreen]

Has anybody taken notice that in the case of masterfile vs. Country Cycling, that the exclusive licensing of the images from the artists to MF seems a bit fishy?
While there is a date at the top of the documents (January 1, 2006), there's no date written where the parties involved signed the document near the end.

It seems to me that the ''boilerplate" document was probably drawn up for the year 2006.
However, there's nothing to indicate when the document was actually agreed to and signed between MF and the two artists.
I find it unlikely that it was actually ratified on a national holiday; January 1st.
Therefore, this document could have been signed after the alleged infringement by Country Cycling.

It's situations like this that make one question what kind of company masterfile really is.
In addition, it's something that Country Cycling could have brought to the court's attention, had they attended the hearing.

S.G.

[SoylentGreen]

Here's links to the two documents in question (with thanks to Matt and Oscar for posting them):

http://www.scribd.com/doc/38990148/Masterfile-vs-Country-Cycling-030807-12-3

http://www.scribd.com/doc/38990144/Masterfile-vs-Country-Cycling-030807-12-4

S.G.

[Oscar Michelen]

SG - part of the problem is that contesting the validity of the agreements has to occur in court which would be expensive. I think that there could be an number of defense that this did not transfer the right to MF but not many people want to spend the money to put it to the test.

[SoylentGreen]

Personally, I would have pointed out this irregularity to MF.
It's a flawed document.  They can't prove when the contract was drawn up.
I doubt that they'd have the guts to go to court and test it either.
That's how people avoid court with these companies.

S.G.

[Oscar Michelen]

I don't know that it will make MF stay out of court as opposed to at least testing your will to challenge them financially in court. At the same time, if someone had the money, MF may fold as they may not want a court ruling that the agreement is invalid which could end a significant number of their claims.