Masterfile seeks "damages" in Canada

[batmdctw]

I currently have a website in the frozen food service, which had been up since 2008. A photo was used that was "rights managed" inadvertantly. I received a registered email from MF asking for $4800 (plus taxes) in damages for the past 4 years and to remove the photo from the website. I removed the photo after finding out it was not a spam email by contacting them and talking with the MF representative. She dropped the damages to $2800, which i thought was still excessive, so i hired a lawyer to handle my negotiations. After he contacted MF he told me they were offering 3 options. The lowest one was was $2000 plus taxes, which i thought was still excessive. My lawyer encouraged me to settle, which i had objection to, so i terminated his services and found the ELI forum. I think i did the right thing. Now that i am on my own, i need some advice, whether or not to settle.
First, after reading some posts in ELI i was considering on writing an email to ask for documented proof of "damages".
What should i do next? Thank you for your support.

[Robert Krausankas (BuddhaPi)]

Keep reading the forums, before doing anything, get educated!!!

"registered Email"?? never heard of such a thing, but I would suggest not emailing them or calling them any further..

[batmdctw]

Ok, i won't contact them any further, but they gave me to the 24th of March before they said they will take legal action, so i guess i will wait till they contact me.
Thanx for the advice and i will do more reading on ELI

[SoylentGreen]

Yeah... MF uses this "registered email" thing.  It's pretty much B.S.
There's no way for the email service to "verify" that anyone even got the mail.
But, it's irrelevant, since you responded to them.

MF is rather litigious.  They have sued over a single image.
But, that's rare.  They haven't been filing many lawsuits in Canada these days.

S.G.

[batmdctw]

I have been doing some research of the "aledged" copyrighted photo and i could not find anything under Canada. Searching further i discovered MF had copyrighted several of this photographer's work in the USA, along with many other works from other artists. Does that mean that MF has no case of copyright infridgement against me in Canada?
Thanx

[batmdctw]

While in the US copyright website and after finding these references to the photographer, is there anyway to download or find out which photos have been registered under the reference #'s? ie VA 0001234567?

[Robert Krausankas (BuddhaPi)]

sounds like it is a compilation, meaning many images in one registrations, I suggest you read the chaga international case specifics, which were also done this way and were recently held as invalid..our own  Oscar Michelen handled this case... couple of things..
1. just because MF states the image is registered down't make it so
2. even if MF supplies you a reg. # doesn't mean it is a valid registration
3. you also have no way of knowing if this artist / photographer is even affiliated with MF at this time.

[batmdctw]

So, if i read the court case correctly, (chaga international), i am assuming the defendant had their case dismissed because masterfile had a compilation of artists registered and the defendant didnt use all of the compilations, thats why it was dismissed? Or am i confused?

[batmdctw]

Also, in your opinion, you advised me not to contact MF, so then, how would i find out about their documents on this alledged copyright infrigement?

[batmdctw]

I guess MF Keeps tabs on the posts of this website because not long after i posted last, i received an email from MF answering some of my previously asked questions to ELI.

[Robert Krausankas (BuddhaPi)]

I guess MF Keeps tabs on the posts of this website because not long after i posted last, i received an email from MF answering some of my previously asked questions to ELI.

hahha, not surprising...they watch us, I'd be willing to bet the answers you get from them are different from what we would say..personally I'd block their email as spam, let them stuff an envelope...trolls

[Robert Krausankas (BuddhaPi)]

I think you should copy/paste MF's answers to you, we'd be interested in what they say about the matter... if you choose to do this, don't forget to include the disclaimer on the bottom stating that the email is "confidential"... 

[batmdctw]

I am new to this....so i will paste their answer if it will help.
 
 
 

[batmdctw]

Here is their reply

I understand you have been posting on ELI and you have raised the issue of copyright registration. Please note that under the Copyright Act of Canada, registering images is not a prerequisite to initiating an action for copyright infrigement in Canada and US Copyright registrations have no bearing on this case.

 !!!!!!!!!!THIS POST IS CONFIDENTIAL AND IS INTENDED FOR ROBERT       KRAUSANKAS ONLY!!!!!!!!!!!!

[Couch_Potato]

If they think the image is worth $2,000 let them prove it. Regardless of what they will tell you, just because you may or may not have used an image they have the rights to it doesn't mean they can charge you what they like.

Most likely the image is generic and similar images can be bought for pennies elsewhere. I've noticed many images "rights managed" by companies like Masterfile and Getty are so plain that I find it hard to believe they sell any at the prices they expect but would be happy to be proven wrong if Masterfile want to provide the sales history.

If you can find a very similar image elsewhere for a cheap price offer them double that if you wish to settle. That's all their image is really worth.