image copyright, how much can you get in trouble?

unwashed potato! · 10 Sep 2007 at 09:49

just checking for my mums friends company website, they used some free template type thing which come with software to changer sectinos of the design, photos/text etc, and they used a company to get some images for what they sell.

now they get a letter from gettyimages saying take one of your images down etc it is copyright and you are being fined £2000.

Is this right, can they really fine £2000? surely its just take it down or we will fine?

never had to deal with this so any informaiont about it would be great. thanks

Daniel · 10 Sep 2007 at 10:49

As far as I'm aware they can't just send you a fine for £2000.

I think they have to ask you to take it down first. If you don't then they can look into taking legal action.

Dj_Jestar · 10 Sep 2007 at 11:58

Depends on the route you wish to take..

Uncooperative (pedant): Check their validity, ask them for proof of ownership.

Cooperative: Remove pic and find a replacement

Sirrel Squirrel · 11 Sep 2007 at 00:12

Just take it down, Getty probably sent a cease and desist notice saying they will take court action if it isn't removed.

edit/ although saying that the image you've linked to is royalty free so not to sure what the deal is there

simisker · 11 Sep 2007 at 00:54

"royalty free" != "free".

It just means that you do not have to pay the copyright owner for each separate,distinct use of the image; in other words, an initial one-time fee covers all subsequent uses [within small-print reason].

A breach of copyright - once decided upon in a court of law - is not to be sneezed at; remuneration is pretty much whatever the original copyright owner reasonably demands, as I recall.

A cease and desist is normally a pre-emptive 'courtesy' against copyright breachers [at least online]. If your mum's friend's company used a third party to obtain images in good faith, then I would guess that any copyright issues would be between the third party and Getty Images,and there would be some basis of a counter-claim against said third party from your mum's friend's company. Also, to my understanding, Getty Images are in no position to automatically claim punitive 'fines'; they have to spin the wheels of justice and let the legal system do its work.

However, I am not a legal expert, and I strongly suggest - especially if a fine has been specifically mentioned, as opposed to threatened or implied - that proper legal advice is sought immediately.

Either way, of course, get the offending image removed/replaced ASAP.

unwashed potato! · 11 Sep 2007 at 09:54

ok well the person has decided not to pay aftyer much searcning on the net it seems this is a very common thing gettyimages does, charging some people £10,000 for the images they have got from places like sxc as the person who owns the photo has put it on gettyimages and other free places.

I don't know why i linked to an image, thought i copuied the home page address but guess not.

this is the site the image came from which as now had to close down, apprarnetly they are looking into the legal side of it as they are getting fined thousands and thousands.
http://www.harveymaria.co.uk/

Sagalout · 11 Sep 2007 at 16:46

My friend was caught by the same. He designed a site for someone years ago, before the days of cheap stock photography sites like istock. Got a letter demanding about £3k from Getty earlier this year. After negotiation I think they agreed to pay about half, but Getty dont take prisoners. If its anything like the letter my friend got theres no warning, just a 'you've been using it so pay us'. They have very agressive solicitors and will want their pound of flesh for sure.

Sirrel Squirrel · 12 Sep 2007 at 13:07

Sagalout said:
My friend was caught by the same. He designed a site for someone years ago, before the days of cheap stock photography sites like istock. Got a letter demanding about £3k from Getty earlier this year. After negotiation I think they agreed to pay about half, but Getty dont take prisoners. If its anything like the letter my friend got theres no warning, just a 'you've been using it so pay us'. They have very agressive solicitors and will want their pound of flesh for sure.

What else would you expect from the paparazzi

furnace · 12 Sep 2007 at 13:56

Well if an image was on SXC, and on SXC it was listed as "Standard restrictions apply" (see here http://www.sxc.hu/info.phtml?f=help&s=8_2) then they can't do anything, they have to take it up with SXC as they gave you permission to use it, surely. Then they can have fun fining a Hungarian company instead of you.