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Thread: Stock image copyright extortion

  1. #1
    Join Date
    Jul 2011
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    1

    Stock image copyright extortion

    Just received a legal notice from one of those stock image libraries wanting to extort about $3000 from me for some thumbnail graphic that I used that breaches some copyright or something. This is BS.

    I did some searching on the net and found this:

    http://arizona-php-developer.com/blo...could-get-sued

    Have you guys experienced anything like this before?

    V

  2. #2
    Join Date
    Aug 2006
    Posts
    1,943
    Seems odd that your first post on a forum would be this one. Could you post the link to the affected site and the letter you received?

    Dave

  3. #3
    Join Date
    Feb 2010
    Location
    Berlin
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    97
    If the image has no real significance, remove it and see if someone on Flickr or Stock.XCHNG has a decent replacement. And always read the terms of use (this comes from a photographer and designer).

  4. #4
    Join Date
    Mar 2011
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    1,160
    Even in the outraged article the original poster refers to, the author concludes that the stock image house was within their legal rights to demand payment. Webmasters need to learn that if they didn't create it, the basic rule is they can't use it without permission - whether "it" is an image, a video, an MP3, a section of text, or anything else, and there are real world consequences for ignoring that fact.

  5. #5
    Join Date
    Sep 2011
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    11
    Yes they use scare tactics like these - usually removing the picture in question resolves it. There only testing if you will pay up or not, and its very unlikely they will take this further - im not a lawyer tho.

  6. #6
    Join Date
    Dec 2003
    Location
    Bucharest, ROMANIA
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    15,428
    Tell them that you have downloaded from elsewhere (which you probably did) without knowing it is protected by copyright. At this point, you may remove that picture and inform them about the change or, if you really need it, offer your self to buy it at their normal price. Could be no more than 30-40 USD, I presume. In other words, try to solve it amiable.

    Anyway, you should ignore the $3000 ask. They will never have the patience to sue you for just a small piece of cake. That sum could be only the tenth of their lawyer's fee and their legal charges, in case of. If they are stubborn, tell the press, make waves about that all over. Their way is nearly an extortion method, so it might turn against them.
    Last edited by Kor; 09-13-2011 at 06:25 AM.

  7. #7
    Join Date
    Oct 2011
    Posts
    10
    I agree with Kor for the most part.
    No one's going to pursue you for a thumbnail. First check the legitimacy of the claim because there have been a couple issues with people just claiming they created an image and then demanding payment for it. However, if you just took it from somewhere, you have to guess it belongs to them. If you took it without asking, that is the definition of stealing.

    Either way, try to offer to pay normal price for the image, forget about the empty threat, and immediately remove the thumbnail from whatever you used it on.

    But, if you actually made money off of using the thumbnail... God help you.

  8. #8
    Join Date
    Sep 2011
    Posts
    7
    Even if you made money from the thumbnail, there is no way of proving this in court - they are trying their luck to get money. Just remove it and put up a similar one - the risk and costs for them are really high if they actually took legal action against you - law firms only do this when they know there is a good chance of winning.

  9. #9
    Join Date
    Oct 2011
    Posts
    10
    Quote Originally Posted by marketingboss View Post
    Even if you made money from the thumbnail, there is no way of proving this in court - they are trying their luck to get money.
    I mean if the thumbnail appeared on brochures, or items that were sold for money, like web templates or as a graphic design. This is very easy to prove in court.

  10. #10
    Join Date
    Jun 2011
    Location
    Netherlands
    Posts
    10
    Keep in mind that every image on the web is protected by copyright, except the ones that are provided by free stock exchange websites (and of course your own photographs).

    Even if you host a website where users can upload images (avatars for example) you might get in trouble if you do not remove it when the owner of the image asks you to.

    Don't panic if you receive a legal notice, but remove the image and be careful!

    Kim - Webdeveloper at Footsteps.nl

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