image copyright question

[Zechs]

What is the name of your state? georgia
i run a small site that makes free custom signatures used in forums, we also make banners for websites that request them. we do this free of charge.
just for the practice and its fun to make them. here is the url if you wish to view it. http://www.houseofzechs.com

yesterday i recieved an email from an individual claiming rights to one of the images used on my site. normally i would take it down with no questions asked. but my problem is the origanal image was created by hajime sorayama out of tokyo japan. and the individual contacting me is named Jay G. Dubreuil out of ontario canada. i did reply to his email requesting some sort of proof...instead he replied with lawsuit threats..my question is do i have to remove the image without proof from jay. and can any action be taken against me since i was provided with no proof jay is the owner of the copyright. i did inform jay that with proof he is the owner i would remove the image from my site.

i tried to read up on the copyright laws but it gave me a headache...very dificult to understand with all the confusing leagal lingo.

anyway i thought id ask an expert.

 

[divgradcurl]

"my question is do i have to remove the image without proof from jay. and can any action be taken against me since i was provided with no proof jay is the owner of the copyright."

IF it turns out that Jay is really the copyright holder, then his notifying you of the fact puts you on notice, and any use of the copyrighted material without his permission AFTER he notified you becomes willful infringement, which carries higher penalties than "inadvertant" copyright infringement.

You could check with the U.S. copyright office to see who actually owns the copyright (or at least who it was registered to initially) in the U.S. -- if it's not registered to Jay, you are not off the hook, because the copyright could have been transferred without notifying the copyright office. However, it's unlikely that an artist of Sorayama's stature would transfer the copyright of his work to another, so if Sorayama is the copyright holder, you are probably safe from Jay -- but you wouldn't be safe from Sorayama in any case!

It's your call on what to do. Remember, even if the copyright is registered to Sorayama and not this Jay guy, a registered copyright by itself is sufficient "notice" to hold an infringer liable for willful infringement -- they don't have to call you and put you on notice, you are already on notice.

Finally, is it possible that this Jay guy is some sort of North American rep for Sorayama?

Persdonally, I would take the stuff down -- it's just too much of a risk that you'll get nailed eventually -- but it is your call.

BTW, I actually have a couple of Sorayama lithos, they are a bit too provocative for the living room, but man is that guy a talented artist!

 

[Zechs]

thank you

yeah i took the image down just in case. i search the us copyright website but didnt find jays name nor the image title anywhere.
i then did a search for hajime sorayama and only found the copyright to a little robotic dog but none of his images. so i guess im kinda stuck...he wont provide proof and i can find proof...sucks
but i did contact hajime and asked if he own the copyrights and also asked permission to use the image while i was at it.
if your intrested to know the image in question its litho#66
again thanks for your time