Masterfile letter

[AdHustler]

Whois doesn't matter. Public or private, they can get it.

that didnt answer the question. Was the whois public or private?

 

[Sonny Forelli]

I really appreciate all the good advice. But I bought the website through a well known American website. After the purchase by paypal, I found out the guy who built it was in Pakistan. Don't think anyone is going to be able to go after him. That was about three years ago.

You mean that you entered into a contract and subsequently purchased a turnkey website from an American company who outsourced the work to a foreigner who broke American copyright law without you having any knowledge of it in clear violation of your agreement to purchase said website?

And they're not the ones responsible because?....

 

[Nostalgae]

Dude you are being such a pussy. Why don't you just send them the $2010 if you are so worried? You are acting like their bitch already saying you are getting off light and whatnot; at least pretend to have some balls when you speak with them or whatever you are doing...

(Sorry but shit man, are you not getting that you can't just respond to some letter demanding money by saying "Sure how much and can I do anything else for you while I'm down here?")

Also I decided I don't have time to read the whole lawsuit link so take what I said up there as coming from someone who is clueless and has nothing to lose either way. I'd still tell them to fuck off though.

I really appreciate all the good advice. But I bought the website through a well known American website. After the purchase by paypal, I found out the guy who built it was in Pakistan. Don't think anyone is going to be able to go after him. That was about three years ago.

Just read the case in my original post and scroll down and look at the court decision (next to last hyperlink). I could probably be as lucky as he was, but still I'd have to pay about $5000 in attorney fees plus damages. Masterfile sent me the copyright registration and contract with the "artist." It appears to me, they have their ducks in a row. I didn't think I could be held responsible either but the court case proves I was wrong and they have filed several lawsuits some got outrageous judgments. Just Google "Masterfile copyright infriengement" and you will see what I mean.

Again, the only purpose of this post was to warn others that these bastards will sue you. No image in a website you bought or had built by someone is safe without obtaining copyright documentation on the images. If you don't, you could be in my shoes and I'm getting off light. Most of their infriengment cases start off with them asking for $40,000 to $60,000 to begin with and they increase that amount when they go to court.

The mom and pop operation I linked to was a good case. It showed just how crappy these people are and the judge bent over backwards to help the defendants who weren't even there. But they still lost.

Again, I only posted this to warn you of the possibility that it could happen to you. If you get papers from Masterfile and want to be brave while you stand in front of a federal judge while their attorneys have all the documentation and you just have your story and a couple nondescript receipts, be my guest.

 

[Sharksfan]

What kind of website was this? Could it possibly qualify for "fair use" status?

If the site is not in use - and has not been monetized - it could be classified as an educational/scholarly website and therefore able to use images under the fair use laws.

Now...as far as negotiation....stop.

Do not talk money with them. Period. At all. Talking money is the job for lawyers and judges.

Instead, tell them you will require a notarized copy of the copyright filing specifically noting the date the image was filed and an exact digital copy of the original copy. You need this to verify their claim. You need them to include the original file name, format, and specific size of the image. And you need this regardless of what they have sent you previously.

Assuming they even bother to give that to you - THEN you start negotiating. Find a similar picture on one of the more expensive stock photo sites - like $10.

Send them a link to it along with the price and say you are willing to pay the going rate on a per-year basis plus a one-time penalty of 100% of the total cost. This would be $10 X 3 = $30 X 2 = $60.

Also, since this is not a monetized website (if I read correctly) you can also offer them - as an alternative to the above - a penalty of 100% of the annual earnings of this website for the past year. Do not disclose numbers at this point.

Your whole goal is to bury THEM in paperwork for as long as possible and let someone else be the "small fish".

Also, if you have an LLC who owns this website (and you should....) it might be time to dissolve the LLC and shut down that website putting a notice that "XYZ corp is not longer financially solvent and has closed down".

 

[Rage9]

If they are threatening a few K that falls into small claims anyways. Know your state law, and whether they need to sue you in your jurisdiction or in theirs (they may also try suing you in other jurisdictions which might be grounds for dismissal).

Take some time to breath.

 

[miketpowell]

You are posting a case where they won a "default judgment" you are aware the only way they win any cases is the people that just don't even show up right? That's all you linked to and all I found anyways. Not a great comparison for their case here.