How many have been sued for use of one pic?

[Robert Krausankas (BuddhaPi)]

Hi Everybody,

Scott, you are not the only one. I have also been sued in Canada for one image only and naturally a mistake like so many of us. What I was wondering:   Who decides what penalty we have to pay? Their charges out outrageous to say the least.
Thanks everybody for all of the info. Will help me enormously:)

Silvia

Silvia, have you actually been sued??? Have you been properly served official court documents stating such?? Or did you just receive a demand letter? There is a huge difference, it's important that when we post we try to be as accurate as possible. To answer your question greatly depends on my questions..are you in fact being sued??

[Greg Troy (KeepFighting)]

Silvia, can you give us more information please. Who sent you this letter, is it Getty Images?  Also are you sure you are being sued? These letters are designed to give the appearance of an emanate lawsuit, this is the way companies like Getty operate by using fear to get people to pay to make the threat go away.

Please let us know, thanks. 

Ok thank you all for your help.
I'll let you know where things go.

Keep up the great work folks, you helped calm some of my concerns.
Have a great day
Scott

Hi Everybody,

Scott, you are not the only one. I have also been sued in Canada for one image only and naturally a mistake like so many of us. What I was wondering:   Who decides what penalty we have to pay? Their charges out outrageous to say the least.
Thanks everybody for all of the info. Will help me enormously:)

Silvia

[Matthew Chan]

As far as I know, NO ONE has been sued over one stinking low-resolution image.  Just because someone gets an extortion letter does NOT mean that is a lawsuit.  Once again, we appear to have the legally ignorant making statements that are incorrect.

Someone would have to PROVE it to me.  That means a legal complaint would have to be written, filed, paid for, AND served.  Absent all of these steps, there is no lawsuit.

Lisa is looking to be rolled over by sheer ignorance here. She needs to get it together and just hire Oscar.  She is nowhere qualified to advising anyone including the Chamber over this.

[SoylentGreen]

Apparently, Masterfile, has sued over a single image in Canada.
Probably just to send a message.  These guys are vicious and desperate.

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_moreInfo_e.php?T-1469-10

They actually went after this poor chap pretty hard:

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1469-10

Getty hasn't sued anybody in Canada in years.  I don't see that changing.

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-529-08

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-2264-07

S.G.

[Canada Bob]

Keep in mind also that the one for copyright infringement was for a large number of pictures (over 20 I believe), and the other one was actually for trademark infringement.

Getty hasn't sued anybody in Canada in years.  I don't see that changing.

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-529-08

http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-2264-07

S.G.

[Robert Krausankas (BuddhaPi)]

@ SG do you have anything else in regards to the single image lawsuit and Masterfail? Does Canada make court dockets public record?...

[Greg Troy (KeepFighting)]

@SG Also do we know how the image was used? I could see them doing it if the image was used in a book or magazine say as opposed to just used the usual image on a webpage.

[SoylentGreen]

@buddhapi:

The "dockets" are public record.  But, that's normally just a summary of procedures/decisions in the case.
The actual documents/evidence, etc are public record.  But, they're only available for a nominal fee in person or by fax.

@Greg Troy

My understanding is that the person involved is a real estate agent, and it was used on a website.
This is one of the few cases wherein the actual image infringed upon is mentioned online.
For some reason, MF went after a few real estate agents around the same time.

---

These types of lawsuits are NOT very productive in and of themselves.
However, I think that MF wanted to transmit a message they practice zero tolerance.

Here's one wherein they sued over three images:
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_moreInfo_e.php?T-1965-09

There's about 6 other cases in which they filed over 4 images.

It's not my intention to alarm readers of the forum; but, we always state the facts here.
In any case, such lawsuits are still very rare given the number of claims made by MF.

S.G.

[Greg Troy (KeepFighting)]

Thank you for the information SG!

[Lisa135]

Thanks for the info and links, it seems we will be looking into Oscar's letter program, however The Chamber would like me contact him and take care of this. Is this possible? And Is it possible for there to be more costs other than the $195?

[Robert Krausankas (BuddhaPi)]

I could be wrong here, you should probably confirm this with his office, but I think in order for him to represent the chamber, someone from the chamber will have actually pay the fee, and you would need to re-imburse the chamber somehow.. the 195.00 covers the letter and one response if needed, there could always be additional charges if the case were to progress, but that would be discussed prior too..You're in good hands with Oscar, he is more than fair and he is certainly honest.

[Oscar Michelen]

No, Robert, anyone can pay the fee as long as the end user agrees to the representation. The draft letter is usually sent for approval to the end user also. Lisa, There has never been an expense beyond the initial fee for the letter, because it has never gotten beyond that in a Getty claim over a single image (or two or three or fifteen). Ever. You should also spend some time looking at some of our videos to get educated about the letter defense program.   

[Lisa135]

Thank you Oscar and Robert, I have known about this issue and your organization for several years. It is well known in my industry. This is such a small chamber ( 60 members) with no money. And the BOD are truly scared, this is why I recommended using your service. A unseasoned employee 8 years ago used this image. briefly, but none the less used it. I am authorized by the BOD to take care of this for them.  I watched the videos Robert sent me and will be contacting the office through the link provided within a week to get this started. Thank you again for your advice gentleman.

[cstockwell]

I have just received a letter from Masterfile for one image.  I recall getting the image from Google at one point but seeing no copyright information stated on it.  I do plan on joining the letter program Oscar offers but does this include dealing with Masterfile or just Getty?  They are demanding just shy of $2k for the one image and I can't afford to pay that.  I am trying to read up as much as I can on this forum and Internet but I just want to thank you all for helping us who are in panic mode after getting these letters.

[Greg Troy (KeepFighting)]

Oscar can handle Masterfail and has a lot of experience dealing with them.

I have just received a letter from Masterfile for one image.  I recall getting the image from Google at one point but seeing no copyright information stated on it.  I do plan on joining the letter program Oscar offers but does this include dealing with Masterfile or just Getty?  They are demanding just shy of $2k for the one image and I can't afford to pay that.  I am trying to read up as much as I can on this forum and Internet but I just want to thank you all for helping us who are in panic mode after getting these letters.