Masterfile letter to a former client

[innocentvictim]

In my past life, I had a marketing business where I created websites for customers. The business was an LLC with a partner and has been closed for two years. About 6 months ago, a client received a letter from Masterfile stating that one of the images on their website was a copyright infringement and demanded $4400 for the use of the file. Due to the business closing and dispersing of assets, deleting of files, etc, I can't trace where I got the image. However, at the time that I built this site, the company had paid subscriptions to two stockphoto sites where I had access to literally millions of images. I know now and knew then that I you can't just pull images off of google and had no reason to due to the databases of images available to me legally. I had never been on the masterfile website and had never heard of them until that first letter arrived.

The minute the client received the letter, we took down the image and replaced it with a different one. His lawyer told him to ignore the letter. Last week, he received another letter acknowledging that the images had been taken down but still demanding the $4400. Now his lawyer has sent me a letter basically stating that this is my problem and asking me to respond to Masterfile. I don't feel comfortable doing that on my own and don't think I should even respond because that will bring my previous company to Masterfile's attention. 

I have no idea how to proceed. I know that I didn't "steal" this image from Masterfile, but can't find any documentation. My previous company is out of business and has no assets, but was an LLC, so I think that my partner and I could still be liable. I'm worried that my former client is going to come after me for this money. Any suggestions out there?

[Jerry Witt (mcfilms)]

First, I'm not a lawyer, so take that into account.

Legally I think you are in the clear. The web development was done through the now-defunct LIMITED Liability Corporation. However morally I think you owe it to your former client to try and help him out. You could point out to the lawyer that, although you are not under any obligation to do so, you want to help out. Point him to this site even.

If the client has an agreement from the former LLC that grants them rights to the image, and said LLC had the rights to use the image but is now defunct, the very best MF can hope for is that your client remove the image as a courtesy.

Anyone can sue anybody for anything, but if this is the case I don't think MF will prevail. 

[Matthew Chan]

That lawyer gave very bad advice to ignore it.  Simply dumb. I am surprised that so-called lawyer didn't take the time to Google the matter. A casual search would have brought them to this site, a goldmine of info on all kinds of extortion letters.

Since you are technically not on the hook but you want to provide assistance, I think your best bet is to offer to hire Oscar Michelen and cut through the learning curve and all the bull. If it was yourself, I would say you can try to handle it. However, given this is your client in trouble, you cannot really do much for him directly.

There are no shortage of lawyers making all kinds of bogus statements and arguments. It is up to you to quickly educated. If your LLC is long dissolved you should technically be ok. However, that will not stop someone from filing on your personally.  At which point, it would be your job to make the case, it was the LLC, not you personally that has the problem.

In any case, your client cannot technically sue you for damages UNLESS they have already incurred damages dealing with Masterfile.  If Masterfile doesn't get any money from them, they cannot go after you because do damage has occurred.  You cannot get compensated for average aggravation and nuisance issues. 

The minute the client received the letter, we took down the image and replaced it with a different one. His lawyer told him to ignore the letter. Last week, he received another letter acknowledging that the images had been taken down but still demanding the $4400. Now his lawyer has sent me a letter basically stating that this is my problem and asking me to respond to Masterfile. I don't feel comfortable doing that on my own and don't think I should even respond because that will bring my previous company to Masterfile's attention. 

I have no idea how to proceed. I know that I didn't "steal" this image from Masterfile, but can't find any documentation. My previous company is out of business and has no assets, but was an LLC, so I think that my partner and I could still be liable. I'm worried that my former client is going to come after me for this money. Any suggestions out there?