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Getty Images Letter Forum / copyright legal issues mitigation and dual copyright
« on: May 18, 2014, 03:06:04 AM »
Mitigation
appears stock companies sit on alleged infringements after finding them using webcrawler technology and then send demands to maximize profits ie would not be profitable to send letter after one week of infringement. Standard of discovery is knew or ought to have known of the infringement - sitting on the claim for years may be a lack of mitigation reducing potential damages. Stock companies have access to this technology so I do not buy that it takes them 3 or more years to find an image and would be interested in obtaining documents during a lawsuit if mitigation was raised as an issue against the stock company - comments?
Dual copyright
secondly is the dual copyright that has been raised in a few places in this forum - for example stock company A and stock company B e have apparently a sublicensee relationship where stock company B purports to license their copyright to stock company A - stock company A identifies photo as it having copyright so that the result is 2 different companies both claiming copyright. Company B sends demand for alleged infringement and response is prove your ownership and disprove Company A's alleged ownership as one copyright cannot exclusively belong to 2 different entities unless there is joint ownership of the copyright. comments?
appears stock companies sit on alleged infringements after finding them using webcrawler technology and then send demands to maximize profits ie would not be profitable to send letter after one week of infringement. Standard of discovery is knew or ought to have known of the infringement - sitting on the claim for years may be a lack of mitigation reducing potential damages. Stock companies have access to this technology so I do not buy that it takes them 3 or more years to find an image and would be interested in obtaining documents during a lawsuit if mitigation was raised as an issue against the stock company - comments?
Dual copyright
secondly is the dual copyright that has been raised in a few places in this forum - for example stock company A and stock company B e have apparently a sublicensee relationship where stock company B purports to license their copyright to stock company A - stock company A identifies photo as it having copyright so that the result is 2 different companies both claiming copyright. Company B sends demand for alleged infringement and response is prove your ownership and disprove Company A's alleged ownership as one copyright cannot exclusively belong to 2 different entities unless there is joint ownership of the copyright. comments?