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« on: November 27, 2008, 11:37:49 AM »
About month ago I received my first Settlement Demand letter from Masterfile Corporation notifying me of copyrignt infringement. There are five images on the Company Website they claim are copyrighted by Masterfile. They are seeking $32,160.00
The website was designed and created by a third party in 2005. I contacted the company who created the website and they claim they purchase all thier images through IStock photos. They were not able to locate thier records regarding the images in question. The third party company contacted Masterfile and explained to the complaince manager that the images were purchased through IStock, but they had no records of proof.
It appeared that the issue may end threre. It did not.
Even though the business ceased operations in 2006, the website was still up. I took down the website the same day I received the first letter from Masterfile.
I contacted Masterfile via phone and spoke with the complaince officer handling the claim. I told her I was unaware the comapny violated any copyright infringement laws. I told her there was not willfull intent here. I told her I took action to remove the website and that the company ceased operations in 2006.
She said that did not matter and she expected payment in full within 15 days and that Masterfile does not offer any settlements less than the stated amount of $32,160.00 I explained to her the company is no longer operating and that we were incorporated, but since dissolved the corporation in 2006. I also mentioned that there are not any assets associated with the company. In another words, there is no cash or assets to lay claim on should you win a judgment against the company. My point to her is this is a waste of your time and resources to pursue.
She latered email papers showing they filed copyrights to the images with the US Copyright Offices in 2002.
She claimed Masterfile Corporation would pursue this case and will plan to file a lawsuit within 30 days. She also claimed Masterfile has won almost every case they have filed with US Federal Courts. She also stated Masterfile will pursue any and all company officers personally to obtain the $32,160.00. They are prepared to file leins and garnishments on all parties involved.
I told her you must do what is best for your organization and I must do what I need to do in this matter.
Yesterday, I received another letter from Masterfile demanding payment of $32,160.00. My response to the letter was via email,and told them that the company is not operating and has been dissovled. Even if I agreed to pay the monies, the company does not have any cash or assets.
In the email I communicated to the complaince officer it appears this matter will not be resolved. So please file the lawsuit and I will let the US Federal Court resolve this case.
My thought process is even if they do move forward with this lawsuit and win a judgment, there is nothing to get from the company. And since the company is longer operating, I could file bankruptcy on the Company to ensure they have no remedy.
What are your thoughts? Would your letter help in this matter?
Thanks
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