Home Exchange Member Posted Copyright Picture in their Online Listing

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

I run a small vacation home exchange web site which allows members to join for a small fee and list their homes for vacation home exchange usually for between 2 or 3 weeks.


Today I received a bill for $1300+ from Getty images claiming that an image one of my members added was in fact copyrighted by them. I publish a disclaimer on the website stating that I trust in the members' integrity, and there are dozens of websites similar to my own, allowing members to upload images illustrating their homes and surroundings. Surely they cannot expect us to verify the legality of every photograph our members upload. Can you advise?

Due to dwindling memberships, I have already told my webhosts not to renew my hosting contract with them when it expires in May. The business only made a few dollars last year and I certainly don't have $1300+ to give to Getty Images.

Is this a picture of the member's vacation house? Or is this an image of the surrounding area where the house is located?

Has the image in question already been removed from your website? If not, you should pull it.

I would not pay Getty $1300 or any money at all right now. Instead, I suggest you contact the site member who originally posted the allegedly-infringing image and ask from where they got the image. Write also to Getty, and request proof of registration of the copyright in the image.

If Getty does not have the image registered, they cannot collect statutory damages and could only collect actual damages or profits realized from use of the image. This amount would probably be negligible, but a personal review of how your site used the image would be needed.

Wait and see what the responses to your letters are from both your website member and Getty.

If Getty becomes persistent and insists on payment, review the entire matter with an attorney in your area. You could potentially escape all liability as a webhost and have the liability fall on the member who uploaded the image, but this can depend on the facts.

Thank you for your helpful reply. The photograph is of the area where the member's house was located, not of the house itself.

Actually, the member's paid ($30/year) membership expired on January 22, 2012 and they did not renew. The member joined my website on January 22, 2011, and is often the case, participated very little. The site logs show that she never ever logged on the website again.

She listed a Singapore address, but her email address is @yahoo.com.au (Australia). I have already emailed her, but in all likelihood, it was a 'thow-away' Yahoo address.

The wording of Getty's letter implied that the $1300+ is what they estimate the picture to be worth to us, but all we actually receive from a membership is the $30 registration fee.

Getty wrote to the Legal Department at my address, but this has always been a one-woman business and over the past few years memberships have declined hugely. Last year the website didn't even make me the $1300 I am being charged. As I said in my first post, I'm in the process of closing it down.