Corbis image letter copyright

[Cheapprices4u]

hi there people

need some advise

got home yesterday to a letter ( non registered)
from above named companies solicitor/debt collector
saying i have an image on my site copyrighted to them and they want like 1200 ish for the year and bascially im stuffed

ive read around and there seems conflicting info reguarding what to do

has anyone else dealt with this

BTW i never put the image there it was part of a design done for me

any clues people

[george]

Put it to the people who designed the site for you?

[Mark H]

Make absolutely sure that the letter is from someone genuinely representing Corbis.

Get hold of your designer, it's just possible () that they bought rights to use the image from Corbis.

[CymraegKev]

Check with your designer but ultimately the responsibility will lie with you (if, in fact, it is genuine claim). There is a huge hoo-ha going on with Heineken at the moment when they used a design agency, who used loads of copyrighted images on a site they did.

[Cheapprices4u]

thanks for the reply lads

my desinger has been in touch

[CymraegKev]

I'm not sure the lagalities, but if he [the designer] did not obtain a license then you may have recourse financially with the designer. Worth checking all the options before confirming the state of play with Corbis. Good luck!

[guccij]

Take the image off immediately, write back saying you have done this, with huge apologies, etc.

The 1200 is a punt - it's the sort of fee a big retailer like Tesco might be expected to pay for a picture licence. Suggest a compromise. Like £25 ...

[RuralWeb]

All designers should have indemnity insurance to cover things like this so pass it over to them to sort out.

[guccij]

Just been reading around this subject. It seems Corbis are well known for these sorts of tactics. Have a read of this forum , which helpfully contains the following quote:

"under section 97 of the Copyright, Designs and Patents Act 1988 there is no entitlement to damages where you do not know, and have no reason to believe that any copyright existed."

[guccij]

And here's another gem from the same forum*:

"Thankfully one of my friends is a County Court Judge. His wife is a barrister. All the documents have been presented before them (in their home not a Court).

If we are guilty of using images unlawfully (which through ignorance I was) - then how we respond to the letters is rather important. Ignoring them is not the sensible option.

(1) Remove the images from the web site immediately.
(2) Thank the company/ies for bringing this to your attention (in writing, sent recorded delivery)
(3) Confirm the images have been removed

That's all. To every subsequent letter and phone call, repeat the three statements and offer no further explanation. The only explanation to be provided will be in a County Court at their instigation."

* caveat - don't believe everything you read on a forum is gospel.

[chris ashdown]

Write back saying who designed your site and that you had no responcibility for the inclusion of the said photo and also no understanding it was being used without licence.

Ask them why they have issued a demand and not previously sent a letter requesting you to stop using the image, hence knowingly increasing the time of misuse use of the image

Say you have imediatly removed the image from your site and will not be using them in the future

Send it recorded and keep a copy

[CymraegKev]

Indemnity insurance won't cover the designer if the insurance company believes they knowingly broke copyright.

Basically, as the law stands, if you have used a copyrighted image then you are responsible and the legal owner can demand (or sue) for compensation for the time it has been used (whether you sue the design agency etc is a different matter).

That said, the common practice is to send a letter/email ntofiying you that it should be removed imediately - followed by pressure if that doesn't happens. It seems they have come in very steep on first instance. I would remove the image, and as Chris says, tell them you have done that. Hopefully that will be enough. Whatever you do, don't start making your own demands because if you have broken the copyright (knowingly or not), p**ng them off further will not help.

Kevin

[leehack]

I'd be surprised if your designer cut corners in this area Gareth, probably just a misunderstanding. If it's who i think it is too, then even more so, detail is not something easily overlooked by that person.

[RuralWeb]

At the end of the day everyone makes mistakes and companies demanding money are just out for what they can get. Ive just been to court following a website hosting cock-up and £3500 being demanded from me. I called thier bluff and it all went away.

If designers have the right insurance and they made an honest mistake then they are covered - I know I certainly am

[CymraegKev]

At the end of the day everyone makes mistakes and companies demanding money are just out for what they can get. Ive just been to court following a website hosting cock-up and £3500 being demanded from me. I called thier bluff and it all went away.

If designers have the right insurance and they made an honest mistake then they are covered - I know I certainly am

I don't think any insurance company would pay up over a mistake like this. Its effectively breaking the law, whether it is an hones mistake (probably) or not.

However, I would think that Gareths insurance company would cover him, as it was his designer that made the [aledged] gaff! That insurance company would then take the claim up with the indemnity insurer of the designer.

All very complicated - and copyright of images is never an easy thing to clear up. I've been on the end of a couple of copyright thefts and have, in all honesty, persued it til the end. Honest mistake or not, I still lost money on royalties. You don't get away with shoplifting because it was an honest mistake.

Saying all that - the designer may have it all covered and agreed and lets hope that is the case.