QUESTION
I have a question re a request from Getty Images canada asking for monetary compensantion for images they claim we don''t have licence for. Thanks.
Asked on Mar 16th, 2012 on Intellectual Property - Michigan
More details to this question:
Basically they send this letter asking to provide licences for marketing material used on websites. I cheked the files in question and they are used on a banner in small resolution - this banner was created in 2010 sometime by our design team. They are askign for licenses and monetary compensation. First, I am quite sure we purchase the licenses for this imagery ... however I can''t procure any receipts / invoices older than 7 years. The company changed its name three times already and I am the 4th owner.
Please advise, Thank you.
2 ANSWERS
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Nancy J. Flint Attorney at Law, P.A.
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Getty Images has been sending letters out like this for some time. Search online and you will find a lot of information on how people are handling the letters. You mention Getty Images Canada sent you the letter. Copyright laws are enforced only within the country that they are in force so the question is whether Getty Images Canada is alleging a violation of Canadian law; what that Canadian law says; and whether your website use of the images at issue violated those laws. Someone needs to look at the facts and the law. However, keep in mind that using images protected by copyright without authorization can expose you to liability so it is important to make sure that you clear everything you use. If you buy a business, you should get a warranty from the seller that nothing infringes anyone's rights and if it does, they will indemnify you.
Answered on Mar 18th, 2012 at 5:11 PM
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You can consider doing nothing and waiting to see whether this claim ripens into litigation, which seems unlikely. If it does, you will need to engage the services of an attorney.
Answered on Mar 17th, 2012 at 8:47 AM