Copyright of images?!?

DaVJ1

DaVJ1

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Aug 21, 2009
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Hi!

Let's say I've hired a person/company to help me with a design. After using it for 2 months now,
I've found that one of the pictures is of a mid "famous" actress. The image is also used for advertising on diff. sites.

I don't think the designer got any copyright's on that picture. But it's a very used image all over the internet.

No worries? Or should I remove it asap?
 


1. Wait for the photographer to send you an email saying:

"Hey! that's my photo! I demand you to remove it immediately!"

2. Remove it.
 
I've had this happen to me once...

If I remember correctly (it was a couple of years ago), they sent me a DMCA demanding me to take it down, then I took it down, and that was the end of it.

If I am not mistaken, even though you outsourced the graphic (bought it from someone else), I still think that ultimately, you are responsible if they pursue any legal action... I don't think you can say, "Well, I bought this from someone, I didn't know." I don't think that is a viable defense.

I used to have a big Wallpaper website, and got a DMCA order, and I ended up just shutting the whole site down, to me, it wasn't worth the risk any longer -- Even though the wallpaper in question was uploaded by a user (I had a wallpaper script that allowed me to upload Wallpapers, in addition to my visitors having the ability to upload Wallpapers), they still said that it was my responsibility since I owned the site, and demanded I take it down.
 
DaVJ1 said:
No worries? Or should I remove it asap?
Click to expand...

Depends who owns the copyright. If it's a freelance photographer, you can probably leave it be until you get a DMCA request. But if it's Getty Images, they could sue you without warning, and you do not want to get mixed up with them over a little issue like this.

Try searching for the actress on all the stock photo sites. Who knows, maybe some people do have rights to use the image.
 
Hey,

Well, the image can be found on Google images pretty easy. I've seen many other website using this exact image also. I've only searched on 123rf and istockphoto but can't find anything...
 
Just because it can be found on other sites, does not mean the owner will not take some kind of action. Your choices are to do nothing or to find an alternative image. Your post implies the former. :yin-yang:
 
Elvis said:
Depends who owns the copyright. If it's a freelance photographer, you can probably leave it be until you get a DMCA request. But if it's Getty Images, they could sue you without warning, and you do not want to get mixed up with them over a little issue like this.

Try searching for the actress on all the stock photo sites. Who knows, maybe some people do have rights to use the image.
Click to expand...

^^ This. My cousin is a copyright/patent lawyer. He has two funny unspoken rules.

#1. A patent is only as good as your ability (money + lawyers) to defend it.
#2 Only copy someone's work if you are prepared to handle the legal (money + lawyers) ramifications of doing so, regardless of it's legality.

That basically means people sometimes sue the shit out of you regardless if you're use is fair or not. Even if you're on the white hat side it's still going to cost you a hell of a lot of money.
 
A mis-configured mx configuration is all you need to lose the DMCA removal request.

So take a backup of all your sites on that server. When you receive a DMCA takedown and do not respond in time, many of the web hosts out there will happily disable your account without even giving you access to your files.
 
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