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Author Topic: Full McCormack Copyright Infringement Accusation Story  (Read 1364 times)

ruinedmyday

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Full McCormack Copyright Infringement Accusation Story
« on: June 29, 2017, 05:02:22 PM »
I wanted to give the full timeline of my experience after I received a Getty Images copyright infringement notice from McCormack Legal.

Background: A user on my website uploaded a Getty owned stock photo. My website didn't have a registered DMCA agent at the time, so I didn't have any DMCA protection.

6/2013 - Initial contact from McCormack Legal via email. The email stated that this was their second time to contact me. It said they had already provided proof that the image on my website belonged to them. The email did not provide the details about the image so I had to contact them to find out what image they were referring to. The settlement offer was approximately $1,300. "Further action" would be taken after 7 days of not receiving a response/settlement.

6/2013 - I sent a short registered letter to McCormack asking them to identify the image in question so I could remove it from my website. I also told them that I would follow DMCA procedure and notify the user that uploaded the image. This was the only time I ever communicated with them.

7/2013  - McCormack Legal responded by mail letting me know that DMCA was not relevant since my website didn't have a registered agent and that I was liable. They also included a screenshot of the image in question with. I removed the image from my website and followed DMCA procedure in notifying the user that uploaded it.

7/2013 - Another letter from McCormack Legal making sure that I understood that I was still liable despite image removal. It stated that they were willing to accept a one time payment of approximately $1000 to resolve the matter. Otherwise, they would "resume pursuit" within X days.

11/2013 - Received a more strongly worded letter from McCormack Legal with a 14 day deadline to send them the original settlement offer amount. If they did not receive the money, they would start recalculating the settlement amount to account for ongoing expenses.

6/2014 - Another letter. This one said they did some research on license records and didn't find the required license for my website to display the image. This one gave me 14 days to pay. It also included some examples of court cases that they had won ($20,000 for 10 images, $5,000 for 1 image, $300,000 for 2 images) and noted how much less the settlement offer was compared to what they would expect to get in court.

7/2014 - Another letter. "Final Warning" before "escalation of this case". It included more examples of companies paying 1-2 million for copyright infringement. It also said I should review my business insurance "advertising injury" coverage.

9/2014 - Received another "Final Warning" letter worded much like the prior one.

That was it. The End.
« Last Edit: June 29, 2017, 05:37:47 PM by ruinedmyday »

stinger

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Re: Full McCormack Copyright Infringement Accusation Story
« Reply #1 on: June 30, 2017, 09:15:33 AM »
Congratulations.  Looks like you successfully waited out the Statute of Limitations.

I'm wondering if McCormack Legal is even still in business.  Last I heard, Timothy McCormack ran off to grow pot somewhere in the state of Washington.

Greg Troy (KeepFighting)

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Re: Full McCormack Copyright Infringement Accusation Story
« Reply #2 on: December 05, 2017, 09:52:56 PM »
HE is not, his website says he has retired from legal practice to pursue other interests. Lol
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

--Greg Troy

 

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