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Old April 19th, 2008, 05:27 PM
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Question about Misuse of Copyright Images

I have a question about the usage of copyright images on a website. A friend of mine did a website for a client and used some images that apparently he did not pay for and to be quite honest I am not sure where she got them. Apparently these images were from a popular stock photo company. The stock photo company contacted her client (not her) and informed her of the misuse and is requesting a payment of $1,200 for copyright infringement. I am wondering about the liability for using images from the net. I imagine over time images float around and it can be really hard to determine who owns or has the rights to what. Sure I imagine a good rule of thumb would be to avoid using any images ona site that are not paid for but in the event of a situation as described above what happens. The client had my friend remove the image immediately and apologized. Can someone shed some light on this? Thanks.
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Old April 19th, 2008, 06:56 PM
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Copyright infringement is something most people don't want to deal with. There are millions and millions of images out there on the web, so there are always going to be those that use photos that they shouldn't. As for who has the right to photography, generally that is something that can be proven. Stock photography companies generally have proof as well. If your friend took the photo from another site, then your friend would be the one held liable; even if she used it on a clients site. Yes, the stock photography company would go after the client, but the client could then ask your friend for the money.

If a company is requesting $1200 saying it's theirs, I would first, make sure that it does, in fact belong to them... search their site. If they do have the image on their site, then pay up... as going to court may end up costing more, and chances are your friend would probably lose.

Your friend may have even taken this image from another site, but if the other site purchased rights from the stock photography company, then your friend still doesn't have the rights to use them herself.

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