Messages

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Legal Controversies Forum / Re: Help Needed in Canada

« on: October 24, 2017, 03:41:32 PM »

Copyright infringement is not about knowing you did it, or by having the intent to commit it knownly. If the images are being displayed under your banner (business or personal) in any capacity without proper authorization, you're at fault. You will have two options:

1. Ignore, and refuse to respond any more regarding communication regarding the issue. I've started and managed many legal cases in my career, and a letter from a lawyer in the form of a demand letter isn't the same as being served with a statement of claim. I've had lawyers issue out demand letters, and they were not retained. These letters are used for two reasons, 1: scare tactic, 2: last ditch effort to avoid additional cost and time pursuing the matter further. They're not required to give you any 'non-court' related notices prior to filing a statement of claim.

2. Attempt a settlement, and pay up.

If they do sue you, they will need to prove damages that extends deeper than saying you owe $2750 just because. There is a minimum infringement penalty you will have to pay in Canada if you lose, but damages are not clear cut. Do not waste your time disputing the infringement, all they care about is how much you will pay them, nothing more. If you're going to outright deny the claims, it's better not to discuss the issue any further and let them do what they need to do. You will have to wait until the limitation period is up, which starts from the day they acknowledged you made the infringement (use any hard copy letters or emails as proof). Otherwise, pay and settle the matter if you're worried.

Keep in mind, if they decide to sue you it means nothing. Once they have judgment how will they execute on this judgment? If your company ran the social media site they will need to sue your business, and it's extremely hard to enforce judgments against a company if they have no idea where you bank, what assets your company owns, and who your receivables are. If your company is not limited, then you may personally be liable (ie. sole-proprietorship - John Doe o/a John's Cleaners) I've tossed out many potential legal accounts because it was simply not worth the trouble to skip trace for assets, and the process to seize and liquidate. I personally wouldn't go through the trouble for $2750 unless I was trying to make a point.

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Getty Images Letter Forum / Re: Email from PicRights.com

« on: October 24, 2017, 10:46:53 AM »

I think I am going to ignore them, but I contacted my lawyer just in case.

Thank you for your feedback!

I would ignore them. I'm in Canada and they've been sending letters every month for awhile now over one image used a year ago on a blog which was heavily water-marked (not that this is an excuse for the use). They're demanding under $50.00, and all the letters they've sent has already put them in the negative. If they decide to sue so be it, you cannot stop anyone from filing lawsuits, and yes - you will lose.

Through my work I've handled many litigation and judgment enforcement files, and normally you don't go on suing rampages unless you either have a point to prove to everyone else (PR reasons), or you have some way to collect on the judgment once granted by the courts. You can sue someone for thousands of dollars, but cannot force them to pay unless you can seize assets that you know of, garnish bank accounts, or go after receivables, ect... (business to business litigation). Personal can be a bit worse if you own property however, and you're working at a secured job.

A lot of these demands are sent out in the masses, and they're just counting on a certain percentage of people who will pay out of fear. I used to issue legal demand letters and it's more about seeing of shit will hit the wall and stick to avoid having to spend additional money and time to pursue the matter in court, as well as the post judgment process.

Again, you have to make the choice on what you wish to do, but I personally would never contact them at any point regardless of letters, emails, or phone calls. You'll need to wait until the limitation period is up, which will be from the acknowledgment date (you can use the date on the first letter they sent). You run the risk of being sued, but it's very unlikely. You're one out of hundreds of thousands of files floating in their system.