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Author Topic: Muensch case  (Read 3798 times)

Bekka

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Muensch case
« on: August 10, 2011, 09:29:05 AM »
Could someone clear up a few questions I have about this case?  I read Oscar's article and from that I gather that when the images were registered the company listed one author and then "numerous others."  When Masterfile sent me the info I requested they registered 33000 images in a compilation and had 3 pages of authors names attached.  I don't really know if the image in question is in there since I can't see it, but their catalogue number is in one of the 33000.  So my question:  Since they listed 3 pages of authors, does the Muensch Case apply in this situation?  Also, is there a way to access that image from the US Copyright Office online?


Katerina

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Re: Muensch case
« Reply #1 on: August 10, 2011, 03:39:13 PM »
I would like to know the answer for this question as well.
As for the way to access the images from US Copyright office, you can make a request, you will have to pay for this though

Bekka

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Re: Muensch case
« Reply #2 on: August 10, 2011, 04:16:38 PM »
Thanks Katerina.  MF called me after receiving my letter to request info and wanted my email address.  I gave it to them and then they sent the info and reduced the amount by almost half.  I sent a reponse back the same day with a counter offer all via email.  This has been several days ago and I still have heard nothing.  Do you know if they respond back via email or should I send them the same thing via post?

Katerina

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Re: Muensch case
« Reply #3 on: August 11, 2011, 11:41:21 AM »
Well, we communicated with them by e-mails only, so we can save everything as proves which can be used in court if such occurs. Also, they didn't responded for about 1.5 months after they confirmed the receipt of e-mail from my husband - they said: "we will contact you by e-mail shortly". Then, after 1.5 month, they emailed that we failed to get their retroactive license in time..... Since we had and have everything saved in e-mail inbox, we could argue with them about it. So, you better e-mail them again, saying, let's say, please confirm you received my e-mail.

Oscar Michelen

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Re: Muensch case
« Reply #4 on: August 28, 2011, 05:44:59 PM »
MF claims that this author list would suffice to make the case different from Muensch, but I don't believe so. I think the core of the reasoning in Muensch is that registering by compilation in this fashion does not provide individual protection for the images included on the list. Yes the main issue was that authors were not included but I don't think listing them in this fashion would make Muensch inapplicable. 

 

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