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Getty Images Letter Forum / Re: I am a frustrated and sick to my stomach Canadian!! Help!!!!
« on: May 22, 2014, 12:58:49 PM »
This is GREAT! Being a Canadian and dealing with these "fine folks" can be intimidating (Canadians are too nice, or so I've read). Thank you - thank you - thank you.
Though I'm still "scared" about all this (it's so new for me) I realize I can't hide and it will go away... well, only if I wait three years it will go away. I will of course sit tight, even though they've offered to reduce the amount by 25% - I still don't have $1,000.00 laying around.
Though I'm still "scared" about all this (it's so new for me) I realize I can't hide and it will go away... well, only if I wait three years it will go away. I will of course sit tight, even though they've offered to reduce the amount by 25% - I still don't have $1,000.00 laying around.
if in Canada brief summary of copyright law
limitation period is 3 years from date alleged infringement discovered or owner should have discovered
owner can elect statutory or actual damages
must prove actual damages - ie what a customer would pay to license the image usually what the website pricing shows and I question whether available promotions and discounts that are always shown should be considered
if statutory damages unless infringement is wilful, statutory damages were significantly reduced in 2011 amendments to the copyright act so that a court may award a minimum of I believe of $200 per image where non commercial use made of the image and infringement not wilful
there is no need to register copyright in Canada to take advantage of statutory remedies like in the US
however, an owner can more easily prove ownership if the image has been registered with the proper government office here
real issue is firstly if owner can prove ownership and that is done by stock companies usually taking written assignments
this is where some of the stock companies got into trouble as their assignment agreements were declared invalid by the courts
in order to have standing in a Canadian court to sue the stock company must have exclusive ownership and their problems arise where they pick and choose from the bundle of rights of ownership ie stock company says we have copyright and IF we need to sue you the original owner agree to give us the right to sue on your behalf
the courts had a problem with that here in Canada
see Master File 2002 decision of the Federal Court that declared assignment invalid
Master File in response changed the language of its assignments as I understand
makes for interesting reading as portions of artist agreements are reproduced
http://www.canlii.org/en/ca/fct/doc/2001/2001fct1416/2001fct1416.html?searchUrlHash=AAAAAQAYbWFzdGVyZmlsZSBhbmQgaW50ZXJuZXR0AAAAAAE
I like most feel that the current system is broken in that the threat of litigation in this area causes stress and often payment without ensuring the owner is actually entitled as it is confusing and the law is very relevant in that it requires verification of ownership whether actual or by way of proper assignment and there are damages to be considered and whether an alleged inf ringer has legal defenses such as fair use which is not dissimilar to the US experience.