Masterfile sent me one of their letters via Fed Ex demanding $3880 for a single image in a blog post on my website. (I'd found the image through searching Creative Commons licensed photos on either Flickr or Google Images, but of course that's not perfect).
I responded with a letter based on the one here:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/my-3-year-experience-fighting-back-in-playing-getty%27s-dirty-game/
I requested the following information in my letter via certified mail:
1. Copy of the copyright registration of the image in question.
2. Signed and dated paperwork from the photographer that transfers copyright to Masterfile.
3. Creative image number in the Masterfile library.
4. The date on which Masterfile claims the image entered their library.
5. Sales records, including all fees, of the image.
6. The exact date that the alleged infringement started.
7. A complete accounting of the method in which the amount for settlement demand was determined.
8. The exact number and section of the U.S. Statute(s) which you have relied on in constructing this settlement demand.
They responded via a "registered email," (ha) and of course didn't provide any such info.
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Dear Dr. Addison:
Please see the attached correspondence regarding the unauthorized use of Masterfile’s rights-managed image(s) on your company’s website. You need to contact me as soon as possible to discuss this serious copyright infringement matter before we proceed with further action.
Sincerely,
Michael Hilsheimer
Masterfile Corporation,
Copyright Compliance Officer,
Tel: (416)929-3000 ext. 3096
Fax: (416)929-2104
Toll Free: (800) 387-9010
E-mail: mhilsheimer@masterfile.com
Web: www.Masterfile.com
---
What they said in their "rescind letter" was this:
Masterfile has already contacted you with instructions to cease and desist using Masterfile’s image in all instances. Included in the cease and desist letter was a proposal to settle this claim amicably, on a without prejudice basis, prior to litigation, conditioned upon; (a) ceasing and desisting from any and all uses of the image; and (b) paying the retroactive license fee of
$3,880.00 USD. Although you have removed the image from your website, Masterfile has not received payment for the claims that were attached to our letter.
As explained in our letter, failure to pay the claim amount would cause us to rescind that retroactive license and initiate a legal action for copyright infringement. Regrettably, your failure to respect our copyright has left us with no alternative.
Please note that pursuant to the Copyright Act, civil remedies for this infringement include compensatory, statutory and punitive damages, injunctive relief, delivery of destruction of infringing copies, and if litigation is involved, recovery of legal costs. Copyright infringements are subject to statutory damages up to $30,000 per work infringed.
If you are interested in resolving this matter prior to litigation, you must pay the amount noted in the claim attached to our previous letter. We expect payment to be made payable to “Masterfile Corporation” immediately. If you do not comply within five business days from the date of this letter, Masterfile may initiate a lawsuit for copyright infringement or forward this matter for further action without further notice to you.
So here's my question: I've seen people say they ignored Getty until the statute of limitations expired. But I'm wondering whether I should pursue this "ignore and wait" approach with Masterfile, or should I continue to send them back variations on my original letter emphasizing "don't contact me again unless you provide this information"?
I consulted with a friend of a friend who does IP law in my state - he's new to the extortion letter field and was very interested in this site and the letter I sent to the initial demand. His read was that it was very unlikely that Masterfile would go to the trouble to file suit over a single image, but if further responses from me would be helpful, I want to make them.
Thanks for any input folks have.
I responded with a letter based on the one here:
http://www.extortionletterinfo.com/forum/getty-images-letter-forum/my-3-year-experience-fighting-back-in-playing-getty%27s-dirty-game/
I requested the following information in my letter via certified mail:
1. Copy of the copyright registration of the image in question.
2. Signed and dated paperwork from the photographer that transfers copyright to Masterfile.
3. Creative image number in the Masterfile library.
4. The date on which Masterfile claims the image entered their library.
5. Sales records, including all fees, of the image.
6. The exact date that the alleged infringement started.
7. A complete accounting of the method in which the amount for settlement demand was determined.
8. The exact number and section of the U.S. Statute(s) which you have relied on in constructing this settlement demand.
They responded via a "registered email," (ha) and of course didn't provide any such info.
---
Dear Dr. Addison:
Please see the attached correspondence regarding the unauthorized use of Masterfile’s rights-managed image(s) on your company’s website. You need to contact me as soon as possible to discuss this serious copyright infringement matter before we proceed with further action.
Sincerely,
Michael Hilsheimer
Masterfile Corporation,
Copyright Compliance Officer,
Tel: (416)929-3000 ext. 3096
Fax: (416)929-2104
Toll Free: (800) 387-9010
E-mail: mhilsheimer@masterfile.com
Web: www.Masterfile.com
---
What they said in their "rescind letter" was this:
Masterfile has already contacted you with instructions to cease and desist using Masterfile’s image in all instances. Included in the cease and desist letter was a proposal to settle this claim amicably, on a without prejudice basis, prior to litigation, conditioned upon; (a) ceasing and desisting from any and all uses of the image; and (b) paying the retroactive license fee of
$3,880.00 USD. Although you have removed the image from your website, Masterfile has not received payment for the claims that were attached to our letter.
As explained in our letter, failure to pay the claim amount would cause us to rescind that retroactive license and initiate a legal action for copyright infringement. Regrettably, your failure to respect our copyright has left us with no alternative.
Please note that pursuant to the Copyright Act, civil remedies for this infringement include compensatory, statutory and punitive damages, injunctive relief, delivery of destruction of infringing copies, and if litigation is involved, recovery of legal costs. Copyright infringements are subject to statutory damages up to $30,000 per work infringed.
If you are interested in resolving this matter prior to litigation, you must pay the amount noted in the claim attached to our previous letter. We expect payment to be made payable to “Masterfile Corporation” immediately. If you do not comply within five business days from the date of this letter, Masterfile may initiate a lawsuit for copyright infringement or forward this matter for further action without further notice to you.
So here's my question: I've seen people say they ignored Getty until the statute of limitations expired. But I'm wondering whether I should pursue this "ignore and wait" approach with Masterfile, or should I continue to send them back variations on my original letter emphasizing "don't contact me again unless you provide this information"?
I consulted with a friend of a friend who does IP law in my state - he's new to the extortion letter field and was very interested in this site and the letter I sent to the initial demand. His read was that it was very unlikely that Masterfile would go to the trouble to file suit over a single image, but if further responses from me would be helpful, I want to make them.
Thanks for any input folks have.