Help with legal issues of using images

[malhyp]

Help with legal issues of using images

--------------------------------------------------------------------------------

Hi there, we are a website design business and recently had a client approach us in relation to a bill they received from a stock image gallery website.

The stock image gallery website sent a bill to our client for almost $10,000 for use of 20 images that must have come from their website almost 6 years ago.

The owner of the website says that the people that designed the website for them and chose all the images are no longer in business.

So our client dosent know where the images came from and if the were or wernt purchased.

Any advice?

[tracknut]

Only to tell your client to get a lawyer engaged quickly. It is very typical when finding stolen images, to invoice the perceived thief for the usage (rights to 20 photos for 6 years) and see if the issue can be resolved by payment. But the client should have a discussion with a lawyer to see how to proceed, determine whether the images were stolen, ensure the stock gallery actually owns the copyright to the images, whether the initial designer has any role in this issue, etc.

My guess is if they are guilty, they can negotiate the price down from the $10K.

[edit] In terms of your role, it might make sense to pull these images off the site asap, as well as double-checking your contract to see what it says about responsibility of ensuring appropriate releases and usages of copyrighted material for the site.

Good luck,
Dave

[malhyp]

So does that mean that even though my client dosent have the faintest idea where the images came from, he is liable?

Would they be able to put this back onto the developer, or is that a matter for the courts?

[tracknut]

So does that mean that even though my client dosent have the faintest idea where the images came from, he is liable?

Would they be able to put this back onto the developer, or is that a matter for the courts?

Well I'm not a lawyer, but certainly I would believe your client is liable. He has used the "service" of the value of these photos, without paying for it. It would be like having cable TV for six years, with no bill coming in, and then when the cable company came to collect, claiming that you had no idea that cable wasn't free. I don't see that holding up as an excuse.

I really don't have any idea on whether they could go after their developer for this. Certainly they could try, and whatever was in their contract with him may be quite significant in making the decision, but I have zero experience in that area. As you say "it is a matter for the courts"

Dave

[malhyp]

Okay, thanks for the info.

I think what you say it right, the only complaint my client has is that he had nothing to do with the design or images, he only provided the text and the developer did the rest.

Client only approved the design and presumed that the developer had everything under control.

Thanks heaps.

I think that in future, our client will be asking his developers for proof of image payment and license agreement.