Copyright images

[edhan]

Hi

I do not know if this is the right forum to write, if not, kindly put it at the right forum. Thanks!

Today I have received a letter about unauthorised use of image. The problem is that I am using a free template to run a sub-folder site. What I did was read the terms of usage by the site providing the free template and abide to their rules of leaving their copyright site link accordingly.

At the same time, I did a web search based on the image name to see if it is copyrighted but nothing shown up. So, I used the free template for another 3 -4 months now.

The questions I am asking are:

1. If the template is classified Free Template by individual company and stating their terms of use, does it means the template provided with images are not copyrighted by them?

2. Other than searching images based on the name given, what other ways can we verify that it is not copyrighted as many free templates come with images to use.

3. How do we protect ourselves using free templates or web designer's templates to ensure that it is copyrighted free images?

As I have use some designers' templates, self-design templates and free templates so I am wondering how to protect against copyright issue for designers or free templates? For self-design, the images are personally taken by me so no issue for that.

Since the company is demanding payment from me for using the image that was not known of the copyright issue based on search and terms of use, what should I do?

Any help or suggestion is greatly appreciated.

Edward Han

[lspence]

If you can afford it, and you believe it not to be a scam, I would suggest paying them the money. On the other hand, you might do as Danners suggested in another thread.

From the thread Invoiced from Getty Images for Unlawful Use of Images? Perhaps it could be useful for you.

Originally Posted by danners02

advised client send letter disputing invoice validity as they did not know where images came from, also did not profit in any way from them - and quoting DMCA 1998 Section 512 plus:

The Copyright, Designs and Patents Act 1988 (c. 4
"97.—(1) Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy."

"It is an offence under Section 40 of the Administration of Justice Act 1970 and Section 1 of the Malicious Communications Act 1988 to harass of debtors with a view to obtaining payment including the issue of letters which convey a threat or false information with intent to cause distress or anxiety."

told them to ignore them! Will wait and see.

[bj]

I think lspence gave you a good steer.

I also will say that the only way to be sure to avoid this in future is to get a custom pro site designed for each of your sites. Using "free" templates you have absolutely no assurance this won't happen again. The designer, who may be all of 14 years old for all you know, may have just gone nuts with the right click button, stealing images from all over the web to use in their "free" templates.

[attard]

Amateurs who design website products to sell don't always read the licensing agreements, either. Often those licensing agreements prohibit the use of the designs in for-sale products that are redistributing art work. (for example, a collection of website templates that include artwork.)

[deepsand]

Whether free or for a fee, there is no guarantee that the materials provided by another are legally theirs to give. And, absent a written indemnity from such provider, you not only have no legal defense against the unauthorized use of copyright protected materials, you alone must bear any ensuing costs.

Also, note that your finding no evidence of the materials in question having been copyright protected does not mean that they are unprotected. And, as you do not state what, if any, proof of ownership the sender of said letter provided, I can but suggest that you require such proof prior to deciding on a course of action.

For the future, understand that you use such materials at your own risk. If you pay for such, insist on the seller indemnifying you against any and all claims of unauthorized use from 3rd parties.

[deadhippo]

Many royalty free images are not allowed to be used in templates.

[SEO]

I agree with deepsand. They need to provide you with proof that they own copyright for the image.
It is a sad thing to say... But in today's society there is just as much chance that they are scammers as there is that they own copyright for the image.

If they actually do own the copyright you could then explain to them that you are an innocent party who did abide by all of the rules and terms of usage provided by the site providing the free template, that you acted in "good faith" and refer them to the site that you got your template from as being the guilty party. It could still be a scam even if they do own the copyright. They could just let this guy give away "free templates" and then demand money from the innocent parties who use them.

How much money are they asking for...?

[deepsand]

Originally Posted by SEO

... It could ... be a scam ... .

Yup.

Not too long ago, it was far too common for unscrupulous employees of office equipment manufacturers, sales and/or repair firms to sell/rent customer lists to scammers, who would, based on their knowledge of what equipment was installed, mail out bogus invoices for supplies, such as toner, or maintenance contracts.

With the blossoming of the 'net came the phony Registrars and Hosts, sending bogus Domain Name renewal notices and bills for non-existent services.

That the present case may be a scam is not so unlikely as to be easily dismissed.

[ron angel]

Originally Posted by lspence

If you can afford it, and you believe it not to be a scam, I would suggest paying them the money. On the other hand, you might do as Danners suggested in another thread.

From the thread Invoiced from Getty Images for Unlawful Use of Images? Perhaps it could be useful for you.

remove picture from your site & replace with known no problem one.(take picture with your digital camera !) send them above text & ask them what financial loss they can prove to have suffered by you using the picture ( if they give you the sort of proof it is theirs which would stand up in court) in the uk I understand from a publisher friend of mine loss must be proved to get damages to the value of that loss. are they in another part of the world? if so would be very expensive & time consuming to sue you.then leave it for them to reply. or as stated before remove picture & ignore them & see what happens (goto: beginning)

[WebFadds]

Hello All -

Generally, I concur that you have to be careful about any images you get out there on the web, since many people either don't know their legal status, or don't care. So, yes... it's entirely possible that the free template company provided images that were copyrighted and not allowed to be distributed that way.

A solution? In this case, you can probably find a similar, or better image in the stock collections of a handful of sites offering millions of photos and graphics for immediate download for about $1. Try: BigStockPhoto.com, Fotolia.com, and 123RF.com and see what you find. Then just swap in the new image for the old.

And remember that every photograph and graphic image on the web and elsewhere is protected by copyright law where the creator retains all rights to the work unless otherwise released.

- Scott

[tmaster]

Originally Posted by edhan

Hi

Since the company is demanding payment from me for using the image that was not known of the copyright issue based on search and terms of use, what should I do?

Any help or suggestion is greatly appreciated.

Edward Han

First remove the image and replace it with something you created.
then you need to contact the company that gave it to you and request that they pay for the copyright violation and ask them why they scamed you by giving you stolen content. It is there fault and they need to take care of the violation. Refer the company asking you for money to the template site and tell them you have removed the offending image.

You also need to inform your hosting company of this letter and the above actions you took or your site may get taken down. Make it clear to them that all images in question have been removed.

[deepsand]

Originally Posted by tmaster

First remove the image and replace it with something you created.
then you need to contact the company that gave it to you and request that they pay for the copyright violation and ask them why they scamed you by giving you stolen content. It is there fault and they need to take care of the violation. Refer the company asking you for money to the template site and tell them you have removed the offending image.

You also need to inform your hosting company of this letter and the above actions you took or your site may get taken down. Make it clear to them that all images in question have been removed.

You are assuming too many things. The facts unknown include:

1) Is the complaint legitimate?

2) If so, did the source of the image(s) in question have prior knowledge of their true ownership?

3) Was any loss suffered by the complainant?

4) If so, was such loss caused, as a matter of fact, by the provider of said image(s) or by the user(s) of such?

5) As a matter of Law, which party is liable for any such loss?

[texxs]

some things you're missing about copyright:

all intellectual works are automatically copyrighted at the time of their creation. If you write a bed time story on a napkin at a restaurant, it's copyrighted then and there.

Unless you have a contract that' states otherwise, the copyright holder is allowed to change the terms of use however and whenever they want.

[deepsand]

Originally Posted by texxs

all intellectual works are automatically copyrighted at the time of their creation.

Differs by country.

Originally Posted by texxs

Unless you have a contract that' states otherwise, the copyright holder is allowed to change the terms of use however and whenever they want.

The Law of the country with jurisdiction sets forth the owners' rights; owner cannot be more restrictive than said Law allows. If owner Licenses additional rights, over and above those required by Law, then the terms of that License applies. In short, owner does not have arbitrary & capricious right to do as he pleases, when he pleases.

[ronchalice]

I use a lot of templates that are licensed under GNU/GPL or Creative Commons. However, the very first thing I do is replace all the photo images with my own photos or graphic designs. If it's not in the fine, print, it's best to assume that the images carry some type of copyright protection. I keep a digital camera handy and shoot hundreds of landscapes and miscellaneous photographs that can be used either as is, or part of a derivative photo illustration. Thousands of creative things can be done with Photoshop and a cloudy sky or mountain range.

If I need people, I acquire royalty-free images specifically for single site use.