Got A Bill For An Image On My Site

[BizMan]

What is the name of your state? MI

I have a website that has been online for a few months now. When I first created it I made the mistake of using an image I found on the web but don't remember where... Today I get a letter from the company that owns the rights for the image and they are saying that I have to pay them $1,000 for the usage of their image for the past months. It is basically an invoice that says it is past due and threatening to go to a collection agency.

Am I really legally obligated to pay this much just like that? It seems a bit excessive or even unconscionable. Granted, I shouldn't have just grabbed any image I came across but $1,000

 

[divgradcurl]

What is the name of your state? MI

I have a website that has been online for a few months now. When I first created it I made the mistake of using an image I found on the web but don't remember where... Today I get a letter from the company that owns the rights for the image and they are saying that I have to pay them $1,000 for the usage of their image for the past months. It is basically an invoice that says it is past due and threatening to go to a collection agency.

Am I really legally obligated to pay this much just like that? It seems a bit excessive or even unconscionable. Granted, I shouldn't have just grabbed any image I came across but $1,000

Well, they can't just pull a $ amount out of thin air and send it out to a collection agency for collection. If they decide to do this, you can and should dispute this with the collection agency.

But here's the thing -- you committed copyright infringement, and it looks as if the copyright holder is willing to enforce their copyrights. But that doesn't mean you need to roll over to their demands.

First, you should demand that they prove that they own the copyright to the work in question.

Second, search the archives at www.copyright.gov to see if you can find any evidence that they have registered a copyright. If they have, make sure that the registration date is BEFORE you started using the picture.

If they can't prove they own the rights to the picture, or if they don't have a registered copyright, then you are in very good bargaining position. If they can't prove they own the picture, you can tell them to get lost, because unless they have the right to enforce the copyright, they can't enforce it.

If they do own the rights, but don't have a registered copyright, then if they decided to sue you, then they woul have to prove up damages as part of their cases, and unless you are making a ton off of this website (attributable to the use of the photo), or they can prove that they lost a ton of money due to their unauthorized use, then it will be tough for them to prove damages and make such a case worthwhile.

In both cases, you can use this knowledge and leverage to either try and get them to go away completely, or get the "settlement" amount down to something that you feel comfortable with.

Now, if they DO have a registered copyright, then you may be at some risk, because if the copyright was registered before you started using the picture, they don't have to prove damages -- you could be on the hook for "statutory damages" ranging from $750 up to $30,000, which is a lot of risk that you might not want to take. You'll have to decide whether it's worth it to pay $1000 for them to go away, versus maybe paying nothing or maybe owing $30,000.

If you do decide to settle (for the $1,000 or for some other amount), make sure that you also include a release that they sign and you sign saying you won't use the photo anymore, and that they accept the settlement and agree not to sue you for any infringement of that picture.

Good luck.

 

[HomeGuru]

What is the name of your state? MI

I have a website that has been online for a few months now. When I first created it I made the mistake of using an image I found on the web but don't remember where... Today I get a letter from the company that owns the rights for the image and they are saying that I have to pay them $1,000 for the usage of their image for the past months. It is basically an invoice that says it is past due and threatening to go to a collection agency.

Am I really legally obligated to pay this much just like that? It seems a bit excessive or even unconscionable. Granted, I shouldn't have just grabbed any image I came across but $1,000

**A: this company pays me for my image on this site. Look at the top right hand corner of this page. Why the heck should you get away with it free?

 

[BizMan]

Thank you for the helpful info.

Well, they can't just pull a $ amount out of thin air and send it out to a collection agency for collection. If they decide to do this, you can and should dispute this with the collection agency.

But here's the thing -- you committed copyright infringement, and it looks as if the copyright holder is willing to enforce their copyrights. But that doesn't mean you need to roll over to their demands.

First, you should demand that they prove that they own the copyright to the work in question.

Second, search the archives at www.copyright.gov to see if you can find any evidence that they have registered a copyright. If they have, make sure that the registration date is BEFORE you started using the picture.

If they can't prove they own the rights to the picture, or if they don't have a registered copyright, then you are in very good bargaining position. If they can't prove they own the picture, you can tell them to get lost, because unless they have the right to enforce the copyright, they can't enforce it.

If they do own the rights, but don't have a registered copyright, then if they decided to sue you, then they woul have to prove up damages as part of their cases, and unless you are making a ton off of this website (attributable to the use of the photo), or they can prove that they lost a ton of money due to their unauthorized use, then it will be tough for them to prove damages and make such a case worthwhile.

In both cases, you can use this knowledge and leverage to either try and get them to go away completely, or get the "settlement" amount down to something that you feel comfortable with.

Now, if they DO have a registered copyright, then you may be at some risk, because if the copyright was registered before you started using the picture, they don't have to prove damages -- you could be on the hook for "statutory damages" ranging from $750 up to $30,000, which is a lot of risk that you might not want to take. You'll have to decide whether it's worth it to pay $1000 for them to go away, versus maybe paying nothing or maybe owing $30,000.

If you do decide to settle (for the $1,000 or for some other amount), make sure that you also include a release that they sign and you sign saying you won't use the photo anymore, and that they accept the settlement and agree not to sue you for any infringement of that picture.

Good luck.

 

[BizMan]

**A: this company pays me for my image on this site. Look at the top right hand corner of this page. Why the heck should you get away with it free?

Uh ya... ok.

 

[BizMan]

After doing some research, the company in question has been around the block a few times when it comes to this. They license out photos for magazines, newspapers, etc... so I figured they wouldn't have a problem proving they lost money by me using their pic (since I didn't pay to use it).

I was able to contact them and work out an agreement... luckily, for me, they were willing to work with me on this.

And the moral of this story is?

Don't just put any image/picture you find on the web on your website.

An expensive lessen learned.