Jump to content

Got Sued my website.. need advice


domkuw

Recommended Posts

HI,

 

I got sued by a lawyer without any notice to pay for using a Getty image on my business website.

 

I have used a photo from google that is without any watermark and Still available online.

 

Also, I wanna mention that only a small part of the photo has been used on my website and when I use Google reverse-search on the image "the one that is on my website" nothing will show up on google.

 

What is the best move to do?

I need your help, Thanks.

Link to comment
Share on other sites

What is the best move to do?
Negotiate & settle for a faction of the asked fees. (I saw that working somewhere.)

Excuse the following lecture and me not speaking Legalese well in this foreign language.

If your business website needs an image: DIY or buy. Everything else only gets you into trouble.

An image isn't free, because there is no copyright or no watermark on it; it is only free if it is marked as free or public domain; the same way your unlocked corporate vehicle isn't mine to use.

Getty's practise might be unfriendly; especially the amounts their lawyers are asking for.

OTOH: Does anybody or anything else work for your business for free?

Upon lawyers: They cost. I assume you got an idea of the price range with the mail? Its not too complicated to write back and offer some money, without admitting anything, to settle the case for cheap (after taking down the image in question!).

  • Like 5
Link to comment
Share on other sites

+1 on the above, except that the usual response to this problem is to hire a lawyer and attempt to negotiate a license after the fact. And fix your website.

 

I got sued by a lawyer without any notice to pay for using a Getty image on my business website.

 

I have used a photo from google that is without any watermark and Still available online.

 

Also, I wanna mention that only a small part of the photo has been used on my website and when I use Google reverse-search on the image "the one that is on my website" nothing will show up on google.

 

Also: freely available doesn't mean free. That applies to images, music, video, whatever. Unless a license is specifically granted, assume that someone owns it and you can't do whatever you want.

 

There's no defense for "I only used part of it". And TinEye/other tools may not work with partial images. Your excuse has no merit.

  • Like 2
Link to comment
Share on other sites

Take this seriously. If the plaintiff has the facts right, this is a real problem for you. Just because you found an image on the internet doesn’t mean you can use it. All photos (except for very old ones) have a copyright owner and it’s your responsibility to find out who owns it and get permission before putting it on a web site. You’ll need to speak with an attorney.
  • Like 1
Link to comment
Share on other sites

HI,

 

I got sued by a lawyer without any notice to pay for using a Getty image on my business website.

 

I have used a photo from google that is without any watermark and Still available online.

 

Also, I wanna mention that only a small part of the photo has been used on my website and when I use Google reverse-search on the image "the one that is on my website" nothing will show up on google.

 

What is the best move to do?

I need your help, Thanks.

 

Offer to pay their normal licensing fee for the image.

 

If you're lucky, they'll accept.

 

 

In future, don't use images without permission.

  • Like 5
Link to comment
Share on other sites

HI,I got sued by a lawyer without any notice to pay for using a Getty image on my business website.

 

I guess you're going to learn the hard way what happens when you use or appropriate other people's property without their permission. Hate to say it, but don't be surprised if you don't get a lot of sympathy here from those who are trying to make a living from their photography skills and talents.

 

I have used a photo from google that is without any watermark and Still available online.

 

Doesn't make a difference if you don't have permission to use it.

 

Also, I wanna mention that only a small part of the photo has been used on my website and when I use Google reverse-search on the image "the one that is on my website" nothing will show up on google.

 

WHAT DIFFERENCE DOES IT MAKE? What if I went down to the art supply store and took a a set of acrylic paints without paying for it? Does it make it OK that I only used one or two of the colors in the set, instead of them all? You seem to be unaware of the fact that creators have RIGHTS. You just don't steal something off the internet just because you think you can get away with. In addition, it's bad enough when somebody does that for a non-profit personal hobby type site, but you're RUNNING A BUSINESS? Do you work for free? Do your vendors supply you stuff for free? What makes the person whose work you STOLE any different?

 

What is the best move to do? I need your help, Thanks.

 

Best move would be to beg forgiveness for your ignorance, then offer to pay the standard fee for commercial, one-time nonexclusive USE of the stock image in question. Believe me, the LAST thing any reasonable person would want to do is to drag this through a court. The creator of the image and his/her agency just want to paid, that's all.

  • Like 2
Link to comment
Share on other sites

Is this normal that Getty images can be found without a mark?

Yes, absolutely. If somebody else considers a Ghetty image worth using, they get it without the watermark and who acquires it from that user's site will sooner or later be surprised how severely Ghetty are searching the Internet for their stuff.

Link to comment
Share on other sites

Yes, absolutely. If somebody else considers a Ghetty image worth using, they get it without the watermark and who acquires it from that user's site will sooner or later be surprised how severely Ghetty are searching the Internet for their stuff.

That makes sense. It's not only Getty that's hurt but the photographer who doesn;t get their commission.

Link to comment
Share on other sites

  • 2 weeks later...
HI,

 

I got sued by a lawyer without any notice to pay for using a Getty image on my business website.

 

I have used a photo from google that is without any watermark and Still available online....

 

Okay, you're guilty. There's no defense. You clearly know that you were wrong. Lesson learned, I hope.

 

I sell through Getty and also sue infringers that use my images without permission. I make way more money suing people than Getty pays me in commissions.

 

It's interesting to note that Getty's licensing agreements with photographers give them first right to sue for infringement, which the seldom do, much to the frustration of us photographers. Instead of suing, Getty will try to get you to subscribe as a user. That said, the photographer retains a copyright and can, and will, sue you directly.

 

If the copyright is registered, you're in deep doo-doo, because statutory damages can be several multiples of actual damages and the court will not hesitate to award them. It can be pretty open and shut with registered shots in almost any usage.

 

There's the question of how hard the photographer and their attorney will elect to push you. When we get a live one, my attorney and I first just try to gauge the "commercial-ness" and success of the web site. We'll also trace the owners and look into their financial resources. My attorney works on retainer, so he's usually the final judge of how much time he wants to spend on you. Time is money. If you're operating out of your parent's basement, they're more likely to accept any offer.

 

If you don't have a pot to piss in, then offer to pay a few hundred dollars over time. If that doesn't work and they continue to pursue you, threaten bankruptcy. (I actually had a woman take bankruptcy when estimated statutory damages got into six-figures). If you're got resources, then hire a lawyer right now. You're dead meat and it's just a matter of minimizing the damage.

  • Like 3
Link to comment
Share on other sites

  • 2 weeks later...
Amazing business idea:) Who is owner of Pinterst?

 

Pinterest is a unique business model. I discussed it with my attorney and the posts there a legally considered the images of the posting members. If you send Pinterest a take-down notice, they'll honor it immediately, but they've been tested in court and found not responsible as the infringer. You probably can't find an attorney to sue them and your likelihood of prevailing is slim.

Link to comment
Share on other sites

When you use a free Getty image, always use one with the watermark...and for non-commercial use.

 

OP, try to settle. May be cheaper than court and big verdict against you.

 

Using the one with the watermark simply proves that you know that you're stealing it. Noncommercial doesn't matter, IF you have money! If you don't, then you'll probably just be asked to take it down.

 

I had a disturbing string of Google-plus users, posting my images and claiming them as their own! I'm still not sure what the motivation was and I just sent take-down notices. My favorite theory was that they'd spent a lot of money on expensive equipment and they were trying to show "results" to their spouses.

Link to comment
Share on other sites

Pinterest is a unique business model. . .

 

I was discussing this a while ago: seemingly unique in the social media sphere, yet can draw likenesses to Uber's business model, not being the actual supplier of the ride but a conduit which puts the rider in touch with the driver. Similarly to a take-down request Uber will generally cancel or sternly warn a driver on a strong complaint. With this business model Uber has circumvented many of the long time laws regarding the Public Transport Sector in quite a few jurisdictions, as it seems Pinterest has done concerning Laws regarding Publication.

 

WW

Link to comment
Share on other sites

  • 2 weeks later...
  • 3 weeks later...

What is the best move to do?

I need your help, Thanks.

 

I have experience on this kind of things but from the other side (the one taking legal action against the scrapers, people who take work without permission), I have some advice to you but it's not precise as I don't know what the other part is demanding from you, this means: the specifics. People, owners and companies can send you kind letters to stop using their material, invitations to negotiate, remove, cease and desist, etc... and also can send you plain and direct legal actions where there no point on talking or discussing because things have to continue on court (things will vary depending on your country). That's an explanation that covers pretty much of it without having specifics on your side.

 

First it would be wise for you to remove that picture and any other picture that might violate any copyright terms from any author, include credits as possible and never again use work from someone else without written permission, in fact try to use only original content or buy your pictures. Try to show the best attitude possible and accept your wrong.

 

How things can go from here depends on the other part, again my comment is quite general because there are no specifics on what was sent to you. Anyway most of the times desist, remove, apology work really well for most people in most cases. Good luck.

  • Like 2
Link to comment
Share on other sites

  • 2 months later...

You seem to be a little outraged they were able to catch you, even going so far as to run an image search to see if what you stole was easily found.

 

Property laws preceded copyright, but one is essentially based on the other. The law looks at what you've done as having stolen someone's opportunity to benefit from using their property, their creative labor.

 

I'll add, that if you don't copyright your work, have it registered, then you can't bring a lawsuit in federal court based on infringement. So if one day, you value your work enough to fight for it as those who caught you have, get your work registered.

Link to comment
Share on other sites

. . . I'll add, that if you don't copyright your work, have it registered, then you can't bring a lawsuit in federal court based on infringement. So if one day, you value your work enough to fight for it as those who caught you have, get your work registered.

 

That might be an accurate statement for some jurisdictions, though quite likely incorrect world-wide: for clarity, it is better to be specific, especially in this "Business Forum".

 

WW

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...