Final Demand from McCormack - Canada

[gordyp]

Hi, I've just found this forum and I hope it has not run it's course? I posted this reply at the end of another thread then realized the subject of a final demand might be new, perhaps the next phase in this stressful saga. Sorry to repeat myself.

I live in Canada and have had several letters and two phone calls from McCormack demanding $7,500.00 for five images which I purchased from a web hosting company called, 'Voda Host'. I assure you they are not form letters and the last letter was termed a final demand. My small company has been defunct for three years now and when I first received a letter from Getty, I immediately removed the entire website. The latest demand stated a deadline of October 22nd for a settlement, but I didn't receive the letter until after the deadline.

Every objection I have made concerning the demand has been ignored, including the fact that Getty downloaded my own images with the package of images they sent me as proof of my so called copyrite violation. Also, I asked for proof of their licence or ownership of the images and my request was ignored, as was the fact that I payed for the images from a web hosting company and did so in good faith. Apparently this is no defense.

Should McCormack wish to take me to court how will they do so in Canada? Since I live in a remote area, can I ask for a hearing at the nearest court to me. In that case it would cost Getty much more money for the hearing than they are demanding from me. Also, because I retire in a few months and will live on a small pension, I can't see how I can possible find the money Getty is demanding, nor can I see a judge agreeing to such demands for five tiny images.

I'm not sure how to proceed other than ignore their letters but the phone calls are more difficult to avoid. What will I do if I am summoned to appear in court and how will I be served? Can anyone advise me?

Thanks, Gordon.

[Matthew Chan]

There has been no Canadian attorney that has publicly stepped out on assisting the situation. So, in that, I will speak out.

You are on the threshold of whether they might sue or might not sue but I doubt it. If they do sue, it would be a first as far as I know. Will they make a big effort to claim $7500? I am not sure about that. If they believe you will respond to a lawsuit and roll over quietly in fear, they probably will make the effort to sue you. If they thought you would make a lot of noise and make it tough on them, they might think twice.

For example, as a general rule, I don't go looking for fights. But if ANYONE comes looking for a fight with me, it is practically a universal law I will retaliate in a BIG WAY and certainly VERY LOUDLY. No one wants to hear this kind of advice because it is "uncivilized" but I promise you EVERYONE civilized or uncivilized thinks twice going up against someone with that kind of determination.

What I just said is NOT LEGAL ADVICE but very effective. Getting educated in the Canadian law process is a big first step. Just because someone files suit doesn't mean they will win. Even if they win, it doesn't mean they will win big. And even if they win, it doesn't mean they will collect. But how you react and behave will have a lot to do with how they respond. Get educated on the Canadian law process is the direction I would point you to.

As far as I am concerned there is ALWAYS a defense. I do not believe Canadian courts lack common sense or a sense of reasonableness. Also, McCormack and Getty has to believe it is worth their effort to sue.

I am certain Oscar may have more legalistic insights that I did not provide.

MatthewC

[gordyp]

Thank you for your response, Mathew. I have been working on a data base in order to collect useful information. However, I once came across a Canadian court case which seems to have set a precident with respect to image copyrite. I think it was a food company vs a non-profit organization, with a judge presiding who had a French name? Do you recall that case?

Do you think there is any merit to me following up the fact that GETTY downloaded my own images without my permission, or would that constitute a counter suit? When I mentioned that to McCormack, they chose to ignore the fact.

It's difficult for me to imagine how an individual like myself, who is not a trained lawyer, could intimidate a law firm like McCormack? I'm not even sure if it's a good idea to respond to their last letter, especially since they seem to intent on an unreasonably high settlement. Also, because I don't feel I've done anything wrong I refuse to settle, since any mediation on my part would be an admission of guilt.

Gordon.

[Oscar Michelen]

Getty has hardly ever sued in Canada and I don't think McCormack is licensed in Canada.  I have dealt with his firm on many files so if you are interested in having me respond to him email me at xxx