Masterfile letter

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steveyoung

New member
Jul 31, 2007
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I have received a letter from Masterfile demanding payment of $2010 for copyright infringement because a website I bought from a guy in Pakistan about 3 years ago had one small photograph on it they claim was theirs. Of course, I had no idea the image was copyrighted by anyone and have not used the site in over two years.

I read a discussion on this board that Getty was doing the same thing about a year ago and many posters advised to ignore the letter from Getty. Now, it appears that Masterfile has been using the Getty business model. Unlike Getty, Masterfile has been suing in federal court for copyright infringement and has won several lawsuits against people who did not know anything about an image placed on the website by their website designer until receiving a letter from Masterfile demanding payment. They immediately removed the image as I did but that made no difference to Masterfile.

The most recent case I can find is a “semi-retired” mom and pop bicycling outfit in New York in September of 2009 who didn’t answerer any of Masterfile’s letters and got sued. While the federal judge gave Masterfile a “default judgment” for $1120 because the mom and pop business didn’t even show up for the trial, the legal costs of the litigation were another $4860. The legal cost is were they screw you. Now, the mom and pop business has to pay almost $6000. Read about it here.

I just wanted to warn you all that Masterfile is doing the same thing as Getty but they will sue. Hope you don’t get such a letter. It has really caused me much concern because, like the mom & pop business in New York, I can’t afford to risk being sued and having to pay their legal fees. I am attempting to negotiate with them now but don’t expect much luck.
 


Well then don't be retarded and show up for court. There probably is no way they'd win if you did show.
 
Well then don't be retarded and Show up for court. There probably is no way they'd win if you did show.
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This is true, you can get a default judgement for just about anything if the defendent doesn't respond to the initial service of process.

Once they get a default judgement, they send it to the sheriff or other authorized agency in your county, and the sheriff can basically show up at your door and collect the money, or seize any property that's known to be yours until the claim is satisfied.

I'd bet these guys are filing the claim against you with the hope that you'll respond, and try to settle for a few hundred bucks. Which sucks, either way. Based on that Masterfile suit against the bike company, I'm guessing you have a few decent arguments that their claim should be much lower. However, depending on what court they sue in, you're correct that the legal fees are what will end up screwing you.

Regardless of all of this, ignoring the situation is probably going to bite you in the ass the worst... Do something about it and build up whatever case you can in writing. Getting a lawyer or at least consulting one should probably be your next step...

Oh, and whatever information you get from internet forums, take with a grain of salt ;)
 
I intend to "show up" for court if it comes to that. However, I do not intend to let it get to that point. As I said, I am negotiating. Hopefully, they will settle.

I just posted this thread here to let others know that Masterfile is just like Getty except that they will sue if you follow the Getty threads advice.

Just an effort to help others. I am already screwed.
 
Well until your served with papers, I'd say fuck it. Make them show you they aren't playing around before settling.
 
When I am served with "papers" it can only mean that I am being sued and am also screwed for attorney fees. Thanks, but no thanks.
 
steveyoung said:
When I am served with "papers" it can only mean that I am being sued and am also screwed for attorney fees. Thanks, but no thanks.
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Only if they win (assuming you mean their attys fees).
FedEx letter doesn't mean shit and in most states a summons has to be properly served 30-60 days prior to the hearing date. Show up to the hearing and you'll probably find their case is weak as shit.
 
I've been sued before. I showed up to court and so did some lady representing the law firm. They didn't have any proof to back their claims so the judge just threw it out. I didn't even have a lawyer.

These people just do this expecting you to be scared and give in to their demands. You should've never responded to them. Now they know you're paranoid and are going to do everything they can to get some money out of you.
 
steveyoung said:
Whois doesn't matter. Public or private, they can get it.
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Get what? Your WHOIS information? And why would that matter? You SHOULD be signing up to a registrar with totally bogus information if you want to survive. This way when the registar is asked to send your records (assuming it's a wimpy guy who doesnt give a shit), he'll be sending John Smith on 1000 Main Street over to them. Go with anonymous hosting, etc.

Unless it's a criminal matter (e.g. FBI, law enforcement), an anonymous hosting co. wont give out your info. Even still, use bogus info with the anonymous hosting company too. Leave NO trails (most anonymous hosting companies will take eGold or whatever that payment platform is that allows anonymous transfers).

I agree with you on this matter, it's ridiculous. These guys are ambulance chasers. I would sue the guy who designed the site as well, bring him into it or find him and tell him if he doesnt pay what theyre asking, you'll give his info to the company and you'll out his corporate graphic web page, and all his clients, which he could be held responsible for, assuming he ripped images for them as well.
 
steveyoung said:
When I am served with "papers" it can only mean that I am being sued and am also screwed for attorney fees. Thanks, but no thanks.
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Being served "papers" is not that big of a deal. It means they finally set the ball in motion. Doesn't mean there is no room for negotiation at that point.

If you where that paranoid, take whatever image is causing the controversy down. Sit tight and see what they do next. I can't think of a damn thing that they could actually win with in court if you actually take a proactive stance.
 
bewbies4newbies said:
Google relevant DMCA regs; they would have to send a take down notice first or the judge will laff at them.
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I agree with this. Show the judge your invoice from the company you paid to do the thing, you can't possibly be responsible for knowing which of the billions of internet images are ok to use and not to use. Blame it on the developer and the judge will dismiss it and/or tell Masterfile to go after him/her.
 
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.
 
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