Legal Question in Intellectual Property in Indiana
I was sent a notice from a company called Masterfile claiming copyright infringement on two images that were on my website. I obtained these images from an online source in 2006 (I buy subscriptions to images sites, etc) and have been using them since on my website just for decoration. Masterfile provided a document from the alleged artist of the images wherein he granted Masterfile the right to copyright all of his materials, this was dated in 2008. Masterfile is demanding over $8,000 for two images (which I probably paid $10 for the both back in '06). I have removed them but they said this does not resolve it.
My question is, how can they come against me for a copyright infringement when I legally obtained the images two years before the artist granted them the right to copyright his work? Also being that I obtained them from an online photo site and paid for them, how can I now be held liable for something I legally obtained some two years before they had any authority of it?!
Thank you for your assistance.
4 Answers from Attorneys
The simple answer is that it is trying to stiff you for $8000. You either need to hire an attorney and have them explain that your purchase was before the rights were obtained by this company. If you have a credit card receipt, check or whatever and can prove the date this is in your best interest. I think hiring an attorney to write a letter is cheaper than paying 8000.
Good luck!
The other attorney is right on point here. They're trying to get $8,000 of easy money. A well-written attorney letter should resolve the matter. Consult with an attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
The business model of a company like Masterfile is to send out enough of these letters that a few individuals will pay the $8,000 and make it worth their time and effort. As the other attorneys mention, a letter from an attorney should resolve this situation. Let me know if you would like to discuss this in greater detail.
It is possible that Photograph Website that offered the pictures for sale may have infringed upon certain copyrights, however, as an unintended 3rd party, you will have defenses to liability for copyright infringement.
Consult an experienced Intellectual Property attorney to review the Cease & Desist letter and resolve this matter on your behalf.
COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.
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