Messages

1

Getty Images Letter Forum / Re: Brandon Sand Extortion Letter

« on: October 28, 2011, 03:37:53 AM »

Is this what you are referring to?  They have to pick one or the other?

38.1  (1) Subject to this section, a copyright owner may elect, at any time before final judgment is rendered, to recover, instead of damages and profits referred to in subsection 35(1), an award of statutory damages for all infringements involved in the proceedings, with respect to any one work or other subject-matter, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $500 or more than $20,000 as the court considers just.
(2) Where a copyright owner has made an election under subsection (1) and the defendant satisfies the court that the defendant was not aware and had no reasonable grounds to believe that the defendant had infringed copyright, the court may reduce the amount of the award to less than $500, but not less than $200.
(3) Where
(a) there is more than one work or other subject-matter in a single medium, and
(b) the awarding of even the minimum amount referred to in subsection (1) or (2) would result in a total award that, in the court’s opinion, is grossly out of proportion to the infringement,
the court may award, with respect to each work or other subject-matter, such lower amount than $500 or $200, as the case may be, as the court considers just.

2

Getty Images Letter Forum / Re: Brandon Sand Extortion Letter

« on: October 28, 2011, 02:35:44 AM »

Soylent Green on what basis or where do you derive this fact from of not being liable for damages? I'm interested to learn more of this possibility.  I wonder why would a Can Lawyer get involved if they weren't certain they would receive appropriate compensation for their efforts if this was the case.  Surely some homework as been done I would think.

" This means that they could only legally collect actual damages (the actual retail price) of the images in court.
They couldn't collect "statutory damages" (legal fees, other damages & losses).
So, the prospect of a court case is unlikely; they'd have to spend thousands just to get an award of what would likely amount to a few hundred dollars. "

3

Getty Images Letter Forum / Re: Brandon Sand Settlement Demand Letter

« on: October 27, 2011, 04:06:15 PM »

I appreciate the information - not sure I want to roll the dice yet or not - still weighing options as to what to do.  I certainly don't agree with the approach and tactics being used much like everyone else, however I'm not in a position to dedicate a lot of personal time/hence money to the matter either.  Might see how low of a settlement I can get first before proceeding.

4

Getty Images Letter Forum / Re: Brandon Sand Settlement Demand Letter

« on: October 27, 2011, 12:36:39 PM »

Photographer is a US resident - we are a Canadian company - they are using a Canadian Lawyer

Thanks for the heads up on picscount

5

Getty Images Letter Forum / I got hit 2 separate letters 2 images - HawaiiArt.com or Hawaii Art Network LLC

« on: October 26, 2011, 10:33:51 PM »

Re:  Cease and Desist Demand and Offer to Settle Copyright Infringement Claim

I represent Hawaiian Art Network LLC (HAN), the owner and operator of HawaiiArt.com and HawaiiPictures.com, and photographer V.K. Tylor. 

It has come to our attention that you are using one (1) of Mr. Tylor’s images without authorization on your website 

My client’s Image is used at:

Page URL:    
Image URL:    
   
Copyright subsists in Canada in this work by virtue of Section 5 of the Canadian Copyright Act and the Berne Convention. Even if your use of the image was an innocent infringement, you could be liable for statutory damages as high as $20,000 as set forth in Section 38 of the Copyright Act plus the legal costs of proceeding against you.  We have copies of your unlawful use to preserve as evidence. 
 
Demand is hereby made that you immediately remove the image from the website, delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.  If you believe you have been granted a license to use the above-described image, please provide me with any documentation upon which you base that belief. 

Removal of the infringed work does not relieve you from liability for damages arising from your past infringement.  An award of statutory damages for the copyright infringement would likely be multiples of actual damages and would also include legal fees and costs of bringing suit. 

My client prefers to settle claims amicably whenever possible and without recourse to lengthy and expensive litigation.  For settlement purposes, Hawaii Art Network offers settlement for a fee of $2,268.00, including legal fees incurred to date and a retroactive license back two years for the past website uses.  Kindly pay this amount in full on or before October 31, 2011, without Hawaii Art Network and Mr. Tylor being caused to incur further legal fees and costs.  fees and costs that Hawaii Art Network or Mr. Tylor must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates immediate removal of the image from the website by October 31, 2011 with no future uses.   Any other uses of the image, or any other image must be negotiated separately with Hawaii Art Network (I can provide contact details).

Accordingly, we hereby demand that you:

1.   Immediately cease and desist from all unlicensed use of the above image, remove the image from the website and delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.

2.   Remit the full amount of $2,268.00 to my office  . (Payable to:  Hawaii Art Network)  A copy of the transmittal for your payment with a copy of the check should also be mailed directly to Hawaii Art Network, 1888 Kalakaua Ave., Suite C312, Honolulu, HI  96815.

Hawaii Art Network has a commitment to their photographers to enforce the copyrights for their images.  Consequently, I have been instructed by my client to take all appropriate steps to pursue this claim.  Again, my client would like to settle this claim amicably; please feel free to contact me directly to discuss further.

6

Getty Images Letter Forum / Re: Brandon Sand Settlement Demand Letter

« on: October 26, 2011, 10:28:57 PM »

I have recently received a similar letter from a different lawyer representing the same company.  Does anyone know who brandon sand sent that letter to? I would like to touch base with them and how things turned out or proceeded.

Dear Mr.

Re:  Cease and Desist Demand and Offer to Settle Copyright Infringement Claim

I represent Hawaiian Art Network LLC (HAN), the owner and operator of HawaiiArt.com and HawaiiPictures.com, and photographer V.K. Tylor.  

It has come to our attention that you are using one (1) of Mr. Tylor’s images without authorization on your website  

My client’s Image is used at:

Page URL:       
Image URL:    
   

Copyright subsists in Canada in this work by virtue of Section 5 of the Canadian Copyright Act and the Berne Convention. Even if your use of the image was an innocent infringement, you could be liable for statutory damages as high as $20,000 as set forth in Section 38 of the Copyright Act plus the legal costs of proceeding against you.  We have copies of your unlawful use to preserve as evidence.  
 
Demand is hereby made that you immediately remove the image from the website, delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.  If you believe you have been granted a license to use the above-described image, please provide me with any documentation upon which you base that belief.  

Removal of the infringed work does not relieve you from liability for damages arising from your past infringement.  An award of statutory damages for the copyright infringement would likely be multiples of actual damages and would also include legal fees and costs of bringing suit.  

My client prefers to settle claims amicably whenever possible and without recourse to lengthy and expensive litigation.  For settlement purposes, Hawaii Art Network offers settlement for a fee of $2,268.00, including legal fees incurred to date and a retroactive license back two years for the past website uses.  Kindly pay this amount in full on or before October 31, 2011, without Hawaii Art Network and Mr. Tylor being caused to incur further legal fees and costs.  Any further legal fees and costs that Hawaii Art Network or Mr. Tylor must incur in order to resolve this matter will be added to the settlement demand. This settlement amount anticipates immediate removal of the image from the website by October 31, 2011 with no future uses.   Any other uses of the image, or any other image must be negotiated separately with Hawaii Art Network (I can provide contact details).

Accordingly, we hereby demand that you:

1.   Immediately cease and desist from all unlicensed use of the above image, remove the image from the website and delete all digital copies of the image from your computers and digital storage devices, and destroy any hard copies of the image maintained in your files.

2.   Remit the full amount of $2,268.00 to my office by October 31, 2011. (Payable to:  Hawaii Art Network)  A copy of the transmittal for your payment with a copy of the check should also be mailed directly to Hawaii Art Network, 1888 Kalakaua Ave., Suite C312, Honolulu, HI  96815.

Hawaii Art Network has a commitment to their photographers to enforce the copyrights for their images.  Consequently, I have been instructed by my client to take all appropriate steps to pursue this claim.  Again, my client would like to settle this claim amicably; please feel free to contact me directly to discuss further.