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Re: SECOND NOTICE OF INFRINGEMENT (SZC)

Being that I am extremely short on time this AM I can't go into depth, the one way is to craft an intelligent letter based on and citing factual case law that was ruled in your favor in a similar case, deny any and all claims of wrongdoing, swear to the legality and truth of your statement and then have it notarized and sent to the party that contacted you via registered mail. That technique has stopped would be litigants from proceeding any further when their claim is flimsy. The stated intent of being willing to appear in front of a judge in the court of law tends to throw a wrench in the works of someone that is intimidating you. They will have to pay the legal fees and determine whether or not they have a strong enough claim to "come after you" especially when the burden of proof lays upon the accuser.This also becomes more time intensive for a company that is dealing with thousands of these claims, knowing that they will have a hard time getting anything out of you ever - even if they win. It is frustrating for someone to hear that they can sue you, win in court, and still not receive any compensation. Then they are the ones suing on principle, which affects the profitability of said lawsuit and is typically not pursued by corporations.
The other way is to pay the licensing fees through the proper channels which is the way we operate. :-)
PS: I have personally defended trademarks, copyrights, and IP laws, and have been successful and unsuccessful. Try going after infringing parties in Russia or India, it just isn't going to work, they make sport out of ripping us off!!!! 


On Sep 30, 2009, at 10:52 AM, Annie wrote:


It's interesting you say that both ways have worked for you somewhat.
May I ask how that is so?  I'm finding it a fascinating process and I
am learning a lot about all sorts of things.  I'd like to add your
perspective to the experience if you are willing to share it.

I can see both sides of the issue, but having started on the path of
creating a company, I have to say that if we take a lot of photos, do
interviews, create art and our own material, I would struggle if
people just decided to help themselves to it for whatever reason. It's
a lot of hard work to get those things done.  A fee for using it, or
at the very least, asking permission to use it seems reasonable to me.

On Wed, Sep 30, 2009 at 3:03 PM, Paul Hammond <pauleh@xxxxxxx> wrote:
I've gone both routes, both of which have worked to varying degrees.....My fear is that when you don't at least protest these actions and ask questions then the company sending these notices out will run roughshod over all similar sites like the FBO photobucket (which I love!!) or Ledzeppelinnews are they preordained from Rhino/Grayzone? Just sayin'. At least pull the 
material down till things cool off - but don't destroy it as it is of
educational value to the public. They will continue to play cat and mouse 
till the cows come home. :-)

On Sep 30, 2009, at 8:16 AM, Annie wrote:


Really, a fuck them attitude is not going to get you anywhere.  I am
going through the process of seeking permission for my company to sell 
band related items on my website and at exhibits, and honestly, the
wisest course of action to take is to apologise, take the material
down asap, and try to work with them.  They are usually willing to
work with people and I have found everyone I contact to be polite and 
business like when I talk to them.  IMO all other courses of action
will be pointless and you may end up in lots of trouble, which would
be a shame.  The band members normally have nothing to do with this
process and cannot give individuals permission to do anything relating 
to materials pertaining to them because they are under contract to
licensing companies. It also doesn't necessarily matter that you
aren't selling anything, aren't profiting (I am a non-profit), that
other people stole stuff so you can too...while you may feel
passionate about these things, it will be pointless to argue.  Be
smart, be sweet, and you may get what you want or something close to - 
if you go against them for whatever reason, no matter how noble it
sounds, you'll end up in court.  You may be OK with that if you want
to argue a principle, but if not, I strongly urge you to comply.

Best of luck whichever path you choose.  : )








--
"...upward and onward!"