I wanted to share with ELI that this year, I have been retained in two matters that show that infringement claims can be properly addressed without resorting to extortionate or heavy-handed methods. The names of clients will not be used and some of the details will be altered slightly so no one could determine who the actual parties were. One involves some photos of well-known hip hop artists that appeared on my clients website when a user uploaded a link to them into comments he made about the various artists. The other involves eight landscape images of a Caribbean island that were used by a hotel company. These matters were handled very differently by my office. Case #1 involved a company and firm that have been minimally discussed on the site but are known to ELI users. They filed suit in Federal Court over the 10 images or so and I was glad to see that the federal judge could see that this was a low level case that needed to go away. The other side's lawyers had demanded about $5,000 per image originally.They freely provided the registrations to me as well as the artists licensing agreement so that there was no doubt they were entitled to bring the claim. I showed them that the images were actually "hot-linked" and cited them the Perfect 10 v. Amazon case. We discussed the case back and forth over a few phone calls. I provided proof of financial hardship form the company and the low web traffic to the site. In the end the claim settled amicably and quickly for just under the statutory minimum for each image with a lengthy payout term that allowed for the site to survive and the plaintiff to be compensated.
Case #2 - The client had already provided copyright registrations to me and screenshots of the infringing use along with the mails he sent to the hotel web developer's address with a link where he could look for images that he was interested in licensing. While no specific fees were discussed, a range was provided and the photographer told the developer that the fees would be higher if the photographer was asked to provide exclusivity so that no one else could use the images during the licensing period. The developer said he would get back to him. Instead the images were used on a national hotel chain website. When I sent a letter to the hotel website AND the developer, I did not let them know that copyright was actually a criminal offense or a civil claim exposing them to up to $150,000 per image. I sent them the screenshots and the VA numbers for the copyright registrations. I told them to refer the letter to their lawyer or insurance company and get back to me to discuss our damages claim. When the developer called me and said he would be handling it for the hotel website and him he asked "Do I need a lawyer?" I said technically no but it would be a good idea to get an IP Lawyer. The next day an IP lawyer from the developer's home state called and we discussed the claim for about half an hour. He offered $200 per image and I advised him that it was a willful infringement of copyrighted images so that was not going to cut it. I said, let's make it easy - $750 per image which is the statutory minimum. He called me back the next day and the case was settled for just below that amount. The client was very happy with the quick turnaround and the agreement to cease and desist.
Getty and their infringement team will not deal with the developer, will not submit proof of ownership or copyright registration and do not encourage folks to get qualified counsel. They won't even discuss in detail why they think their images are worth the value they seek. Yet all of these steps are the best way to get a fair and fast resolution. No one on this site is saying that infringement of digital images is proper, of course not. But it is the methodology with which these claims are prosecuted that we all have issue with. Infringement claims can be handled and resolved without resorting to the overbearing and heavy-handed tactics employed by the majority of the digital image industry.
Here endeth the lesson.
Case #2 - The client had already provided copyright registrations to me and screenshots of the infringing use along with the mails he sent to the hotel web developer's address with a link where he could look for images that he was interested in licensing. While no specific fees were discussed, a range was provided and the photographer told the developer that the fees would be higher if the photographer was asked to provide exclusivity so that no one else could use the images during the licensing period. The developer said he would get back to him. Instead the images were used on a national hotel chain website. When I sent a letter to the hotel website AND the developer, I did not let them know that copyright was actually a criminal offense or a civil claim exposing them to up to $150,000 per image. I sent them the screenshots and the VA numbers for the copyright registrations. I told them to refer the letter to their lawyer or insurance company and get back to me to discuss our damages claim. When the developer called me and said he would be handling it for the hotel website and him he asked "Do I need a lawyer?" I said technically no but it would be a good idea to get an IP Lawyer. The next day an IP lawyer from the developer's home state called and we discussed the claim for about half an hour. He offered $200 per image and I advised him that it was a willful infringement of copyrighted images so that was not going to cut it. I said, let's make it easy - $750 per image which is the statutory minimum. He called me back the next day and the case was settled for just below that amount. The client was very happy with the quick turnaround and the agreement to cease and desist.
Getty and their infringement team will not deal with the developer, will not submit proof of ownership or copyright registration and do not encourage folks to get qualified counsel. They won't even discuss in detail why they think their images are worth the value they seek. Yet all of these steps are the best way to get a fair and fast resolution. No one on this site is saying that infringement of digital images is proper, of course not. But it is the methodology with which these claims are prosecuted that we all have issue with. Infringement claims can be handled and resolved without resorting to the overbearing and heavy-handed tactics employed by the majority of the digital image industry.
Here endeth the lesson.