using copyrighted photo without knowing

I just got a letter saying that I am using a copyrighted photo on my website.  I did not know it was copyrighted. I did a google search for an image and found it without any copy right disclaimer so I thought it was ok to used.  Now they send a letter tell me to paid $875, which I can afford, what can i do?

I did not know it was copy righted and how can you tell it is?

I would simply take it down.  Make them come after you for the cash.

Ditto.

newbietolaw:

I did not know it was copy righted and how can you tell it is?

In the U.S., a work has copyright protection from the time that it is created in some tangible form, e.g. a book has copyright protection from the time the author put the words to paper, the artist has protection from the time he completes the brush strokes on canvas, and a photographer has protection from the time he creates the print. The law also protects electronic versions of theses, thus a book is also protected once saved to an electronic file, etc. Under present law, no registration of the work is required for protection, nor is any copyright statement or use of the copyright symbol © needed for protection either. In short, you should assume that ALL photos you see are protected by copyright until you verify otherwise. The photo may be in the public domain (meaning that anyone may use it) under several circumstances, like being very old (i.e. created before 1923), but until you verify the status of it, you take a risk in using it that you may infringe on the rights of a copyright holder.

newbietolaw:

Now they send a letter tell me to paid $875, which I can afford, what can i do?

I suggest you take it down for now. If you really want to use it, then verify with an attorney who practices copyright law whether the photo is protected by copyright and, if so, whether your particular use of it infringes on the rights of the copyright holder. Or, simply make arrangements with the person asserting the copyright to license the use of the photo.

You don't have to cough up the money now. You could wait and see if the person asserting the copyright sues you. The risk you may run is that if the person sues, he might seek more money than he's asking for now.

A company called "gettyimages.com" send a letter asking for $875 for damages, they did not even warn me about it was copyrighted and that you needed to remove the images ASAP.  All they want from me is money, it sounds like a scam or something.  Thats why i am here, wondering what I should do?  I called them but no one answer, it kept rining and told me to leave a message and they will get back with me.

They also say I have 14days to paid the fine or else they will take further actions

newbietolaw:

A company called "gettyimages.com" send a letter asking for $875 for damages, they did not even warn me about it was copyrighted and that you needed to remove the images ASAP.  All they want from me is money, it sounds like a scam or something.

If it truly did come from Getty Images (which is the firm that owns and operates gettyimages.com), then it's not a scam. That firm licenses a large variety of stock photos and other media, and is one of the major companies in that business. As licensing the photos it has is how it makes money, it has a strong interest in policing the unauthorized use of the images it licenses. It does not have to ask you to first take down the photo before asserting a money claim for damages.

So what do I do? I cant afford the $875, I email them trying to see if we can work something out but not sure, should i get a lawyer or someone who know this better than me?  I cant afford something I dont have, i did a free template pic search on google, and it came up so i thought it was ok, but for $875 for using it for a few days?

Getty Images's sending of these letters is a very common practice.  With that, there are probably also scam artists who do the same thing, so the first thing you probably want to do is verify its authenticy (phone call, matching address to Getty offices, etc.).

There is an attorney based out of NY who advertises online specifically about letters he writes to Getty Images on behalf of clients for $195 regarding these issues.  The article I read did not mention what his success rate is. 

I'm not an attorney, but someone else may be able to give better information.  I don't see the harm in sending an email or calling and explaining the situation (that you didn't know) and that you took it down as soon as you received the letter and see if they will cut you a break.

As Tax Agent pointed out, the company's business is images in sorts of media; the company is entitled to be paid for its product.  However, it would be nice if they could send a cease letter before billing (or suing), but they don't really have to do so.

I would call and negotiate with them.  I have had other clients do this with other websites, so it shouldn't be a problem.  Note that Copyright attaches to any creation fixed in a tangible medium.  So, unless you did it, it has a copyright.  Unfortunately, ignorance is not a defense.  And be glad they didn't come after you under the DMCA - statutory damages can run into the thousands.  Be proactive and call them - first to make sure it is a valid claim or perhaps you can give up where you got it from (source) so that they can go after the bigger fish.

Good Luck.

I email and called on friday, when I called on Friday, all i got was hold and music for 10 minutes, I email them asking to call me so we can talk or we can work something out.

thanks for the help, should i get someone to do it though? or try it on my own first?

i wish ppl will tell you first before demanding for money,

"i wish ppl will tell you first before demanding for money, "

And maybe they wish you would thoroughly research the ownership of images before putting them on your website.

Don't just assume an image is not owned by someone else.

For $875, you don't have enough at stake to justify hiring an attorney, who probably will want a $1500 retainer just to look at the case.

I would try to see if you can negotiate something on your own. If you have taken the photo down, then maybe they will settle for less because the actual "damages" to their client have ceased. (Not clear how long you had the photo up, but if it was only a few days, there might be a cost versus benefits analysis in terms of suing you, especially if you don't have a lot to begin with.)

newbietolaw:

I email and called on friday, when I called on Friday, all i got was hold and music for 10 minutes, I email them asking to call me so we can talk or we can work something out.

Getty Images is one of the premier media image companies in the US (as well as other countries).  Getty sends out hundreds of letters per day regarding copyright infringment.  That said, ten minutes is not a long time to be on hold for the department dealing with these issues.  I recommend calling them and staying on hold as long as it takes (or until your call is dropped).  Have a pen and paper handy so you can write down what was discussed or how long you remained on hold untl the call was dropped (by them, not by you).

As for email, you indicate you sent it Friday.  Today is Monday.  Given the volume of  issues, it is reasonable the company has not responded.  Furthermore, the company has many offices on both coasts and in the midwest.  Several east coast companies are running a little slow today.  Out of what sate was the letter originated?   If the company does not respond in a few days, forward your message back to them indicating your desire to follow-up.  Hopefully, you were very careful and brief in what you stated.

If it does come down to needing an attorney's help, find the right attorney.  Those who specialize in this area have handled a gazillion such letters from the main media outlets and can often handle it for a minimal fee (much less than $875 and without a $1,500 retainer as another poster indicated).  Futhermore, it is most likely (given volume), this was handled by an internal department under the oversight of an in-house attorney.  

 The attorneys who specialize in dealing with the major players know how to handle it and will likely not charge you a huge retainer fee (they will have seen the same notification hundres of times, will have responded, and will understand what it takes to settle).  Getty often goes after an amount by image.  E.g., if a company or person has misused 20 images, then Getty may send a letter indicating that $20k is due.  Even in these situations, folks have been able to settle for under a few hundred.

The letter was from Seattle.  When I use the image. I did a google search "free image of china" when the image came up.  I look at the website and check to see if it say Copyright and etc.  Than I check to image itself to see if it has any beta stating the ownership.  If I need the owner I would had email him before using it.  I guess I cant trust google when i ask for free images.

I will do a follow up again, they say if you email them dont need to call.  So I will email them again Tuesday to see what up. thanks for all the helps guys.

By any chance do you have the info to who will handle this without cost me an arm and leg?

newbietolaw:

I guess I cant trust google when i ask for free images.

You would be wise to double check most anything that you see on the Internet if it has the potential to cause you grief down the road.  The "net" is filled with 1/2 truths and misconceptions.