I have to chip in here. This is the second example of a German website threatening legal action in the USA. The second site is foodstock.com whose head office is located in Germany.
Here is the foodstock thread -
http://www.extortionletterinfo.com/forum/riddickimageline-letter-forum/stock-food-images-imua-legal-seattle/msg2070/#msg2070Let’s assume that the German company has received an exclusive license from the photographer, and its contract with the photographer gives it maximum options for any future use of that license, including its future transfer. Maybe there is even a clause that allows Bokelberg ( or Foodstock or Getty ) to subdivide the license into geographical regions. In other words, Foodstock Germany appoints “Foodstock America” to exclusively license its images in North America. On the Getty site, for example, I can only purchase images from my local representative.
Does Foodstock America then have the legal right to sue in the USA? Can they claim that have an exclusive license, and therefore right to sue?
There is no doubt that you can transfer the exclusive right with the copyright owner’s contractual approval, and soon perhaps, even without -
http://www.intellectualpropertylawblog.com/archives/copyrights-sublicenses-by-exclusive-licensees-of-copyrights-copyright-clarification-may-change-the-law.htmlThe question is whether you can subdivide a worldwide right into geographical regions. i.e. separate countries.
If the answer the yes, then any stock image company the world over will be able to appoint a local representative to sue on their behalf, whilst claiming that that their right to sue is based on a genuine exclusive right – the right to sell exclusively in their own country.
Here in Israel, Getty has their local representative, who is causing much heartache to many small businesses. If the above scenario is legal, then Americans will soon have to deal with more and more European, Asian, etc stock photo companies. The number of settlement demand letters will multiply rapidly.
Can someone please destroy my scenario with a serious legal argument? It’s not quite Righthaven, as the local office does at least put some work in.