Fight cease and desist?

[auntnana21]

What is the name of your state (only U.S. law)? TN

I purchased a website template online in February. Yesterday I received a cease and desist letter from a stock photography company claiming I am committing copyright infringement by using one of their images on my website. The image in question was included as part of the website template. They also included an invoice for $2168 for damages.

I have no idea how to proceed with this. Do I reply and let them know the image is part of a template being sold on the website? Am I really responsible since I purchased from a company that said they own the rights to all content? Any and all help is appreciated.

 

[quincy]

It is always wisest to consult with an attorney when you receive a cease and desist letter claiming you have infringed on another's copyright. I would certainly consult with an attorney prior to meeting the stock photography company's demands for $2168.

That said, yes, you can send a reply to the stock photography company's demand letter, informing them that the image was part of a website template you purchased. Identify the website template company. Let the stock photography company know that the template company claimed to own rights in the image.

It is definitely possible that the company you purchased the template from did not have rights to use or sell the image. The stock photography company may be satisfied with you merely removing the image from your site while they go after the template company who sold you the image instead.

The bad news is that, even if you purchased the template believing the template company had rights to the image, that does not mean you are not infringing on the rights of the stock photography company (should the stock photography company, in fact, own the image). You can still be held liable for copyright infringement even if you are an "innocent infringer."

Innocent infringement can be a mitigating factor in an infringement suit, lessening any damages that may be awarded, but it does not excuse infringement.

So you may find yourself best served in the end settling with the stock photography company, for an amount up to the $2168 they are demanding, to avoid a court suit which could cost you more.

Again, seek the advise of an attorney in your area on how best to proceed. Good luck.

 

[The_Saint]

Excellent answer from quincy.

Unfortunately, even though you are innocent in any deliberate wrong-doing, you can still be held liable. I guess you could settle and then sue the company you purchased it from but as quincy said, an attorney would be recommended here.

My previous employer used an image provided by the local chamber of commerce for a cover of a real estate publication. My boss was just like you, an innocent party. He ended up settling for $6000.