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Messages - madhatter

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I also would like to express my utter appreciation for this site.  Oscar and Matthew have provided invaluable free information.  I have read every post on this site and have personnaly hired Oscar.  I think that maybe they should charge a nominal fee for access to this information.  No one else would supply this much info for free.  Where else would you find a great lawyer giving free advice?  I sincerely hope that the few bad apples out there (ones that get the free information and then complain) do not ruin this for the rest. I am not a lawyer or business person and therefore cannot give good advice,but, do appreciate this site and do not want to see it stop. Getty makes me see RED!!!

Betty

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Getty Images Letter Forum / Registration
« on: December 28, 2010, 07:00:49 PM »
Where does one go to find out if Getty has registered the images in question?

If one is sued in Canada, do the images need to be registered with Canadian copyright office before damages can be awarded?

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Getty Images Letter Forum / Re: Want to hire Oscar
« on: December 12, 2010, 05:24:21 PM »
Oscar, I am not really sure of what you mean.  To date Getty has only taken 2 cases to court in Canada, the last being in 08 and that case was settled out of court.  I can prove that I had no way of knowing the images were copyrighted as I bought the website as a package to use as is.  I immediately deleted the site as it was a dead site anyway and have no use for the images.. I also checked for copyright registration and none of the images in question were registered in USA or Canada..  I feel the person marketing the sites to others is the true infringer, although I do understand the law states the end user is.  If one can prove innocent infringement with unregistered images and does not want to ever use the images again what can the courts award to Getty, if it went that far?

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Getty Images Letter Forum / Want to hire Oscar
« on: December 12, 2010, 12:50:08 PM »
I am a Canadian who has received a second letter demanding payment for well over $10,000.  I purchased a portal website that was designed and marketed by two brothers.  They stated on their website the images were free to use and no copyright issues existed.  I now know I was very nieve.  These two brothers now own a multi-million dollar company and refuse to talk to me.  It has always been a dead site and no profits were ever made.  I live on a fixed income and have no possible way of paying this demand.  

Can a Canadian hire Oscar to write the letter or not?

Also can anyone tell me what "Injuction only remedy in innocent infringement" means as stated in Canadian copyright law.  I believe I can prove beyond doubt that I did not know or had any way of knowing of the infringement.

Thanks

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