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Old 09-15-2004, 07:07 AM  
FightThisPatent
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Join Date: Aug 2003
Location: Austin, TX
Posts: 4,090
Quote:
Originally posted by Totem Rex
Their lawyer in Germany sent us tons of faxes today with content we 'stole' from them where we shot that content ourselves in 2002.


If you registered your images with the copyright office, then that's one way to defend yourself.

If you have the model ID and model releases of the image productions (which you should), that's another way you can defend yourself.

If you never sold or licensed the content in question, then what may have happened is that someone stole the content from you, and sold it to this company as being an "exclusive" photo shoot.

Given this scenario, it would be understandable that they are trying to protect their assets.

Ask them, did they register the images with the US copyright office? If not, they can't sue for damages... and their attorney should know that.. so they are just fishing.

Ask them, can the provide Model ID and Releases for the content? If not, explain to them the possibility of the above scenario, and they should be sending the lawyers onto the company that sold them the content.


And as always, consult with an attorney who understands copyright law (if you need one, i can give you a referral).

-brandon
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