Show Posts
1216
Getty Images Letter Forum / Re: Masterfile Corporation
« on: November 01, 2010, 07:24:04 PM »
WolfWolf, sorry to hear about this predicament. I'm not an attorney or anything like that. But here's my thoughts.
Usually, you'll receive some threatening emails at first. Later on, they may choose to escalate it; more emails, papers sent by mail, and phone calls. You know... they'll try to pester you so that you'll settle out of court. Suing for money is not their true goal; it's only part of a strategy. Often, copyright trolls like masterfile don't really get a lot of money if they win a lawsuit; the attorneys often get most of the settlement money (if they are able to collect their legal fees). But, filing lawsuits scares a multitude of people into settling out of court, and that's where the real money is.
If they decide to litigate, I think that they'd have to sue the corporation; they can't sue individual officers in most jurisdictions. If your corporation is in fact non-profit, you should be aware that what monies masterfile could collect may be severely limited in some countries/areas. You should check about this.
Even if they eventually sue you, it wouldn't be too late to negotiate and settle out of court if you choose to do so.
If they did sue the corporation, they couldn't get more than the assets of the corporation, in this case $1300. After that it's 'bankrupt', and it's over. They'd get a measly $1300 if they're lucky, and have to eat their legal fees.
If things get dirty, you might consider closing down the corporation. Then, masterfile couldn't sue some defunct entity. Then you could open under another name later on. This may or may not be practical for you.
If you chat with your attorney, bring up a few of these points if you feel comfortable doing so. It wouldn't hurt.
Masterfile has laid off many employees in recent years, even a bunch when the economy was 'good'. If you're in marketing, you know that paying huge prices for your images from a place like masterfile might get you fired; I have no doubt that their sales are slowing in this economy. So, it should be no surprise that we're hearing about so many of these threatening letters and outrageous claims; it's just another revenue stream for them.
Good luck,
S.
Usually, you'll receive some threatening emails at first. Later on, they may choose to escalate it; more emails, papers sent by mail, and phone calls. You know... they'll try to pester you so that you'll settle out of court. Suing for money is not their true goal; it's only part of a strategy. Often, copyright trolls like masterfile don't really get a lot of money if they win a lawsuit; the attorneys often get most of the settlement money (if they are able to collect their legal fees). But, filing lawsuits scares a multitude of people into settling out of court, and that's where the real money is.
If they decide to litigate, I think that they'd have to sue the corporation; they can't sue individual officers in most jurisdictions. If your corporation is in fact non-profit, you should be aware that what monies masterfile could collect may be severely limited in some countries/areas. You should check about this.
Even if they eventually sue you, it wouldn't be too late to negotiate and settle out of court if you choose to do so.
If they did sue the corporation, they couldn't get more than the assets of the corporation, in this case $1300. After that it's 'bankrupt', and it's over. They'd get a measly $1300 if they're lucky, and have to eat their legal fees.
If things get dirty, you might consider closing down the corporation. Then, masterfile couldn't sue some defunct entity. Then you could open under another name later on. This may or may not be practical for you.
If you chat with your attorney, bring up a few of these points if you feel comfortable doing so. It wouldn't hurt.
Masterfile has laid off many employees in recent years, even a bunch when the economy was 'good'. If you're in marketing, you know that paying huge prices for your images from a place like masterfile might get you fired; I have no doubt that their sales are slowing in this economy. So, it should be no surprise that we're hearing about so many of these threatening letters and outrageous claims; it's just another revenue stream for them.
Good luck,
S.