Legal Question in Intellectual Property in Minnesota

Copyright claim for use of an image of the U.S. Flag

I recently received a letter from a company named Getty Images demanding $1,000 for using an image on my web site that apparently belongs to them or a photographer they represent. If I recall correctly, I obtained this image from a 'free'' clip art web site. Obviously I should not have trusted that site, and I no longer have a record of what site that was. I have removed the image from my site.

Ordinarily I would start seeing if I could settle up with them. However, the image in question is a photograph of the U.S. Flag. There is no object in the photo except the flag. I have done some research of my own. I can't find a case that says that an image which contains no other objects in it other than the U.S. Flag is copyrightable.

I have found cases that say that one can copyright an image which includes the flag along with other elements, such as an Eagle or a mountain. But no court I can find has said there's a way to manipulate, crop, backlight, blur or otherwise modify an image of the flag so it is original enough to copyright. I have already written to them denying liability and stating that I don't believe the image in question is copyrightable. Any other suggestions as to what I should be doing?


Asked on 7/23/08, 5:31 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Copyright claim for use of an image of the U.S. Flag

You wrote: "Any other suggestions as to what I should be doing?"

I answer: You need to HIRE A LAWYER to help you with this matter. You've started out correctly, denying liability; now it's time to let the pros take over. Copyright litigation of this nature is a very involved and legally technical process, and it needs to be spearheaded by someone with experience in this area.

You're in Minnesota; there are several good firms in the Minneapolis/Saint Paul area; I also know of one in Rochester and of one (for whom I have a lot of respect) in Des Moines, IA. I can recommend a couple if you contact me by email offline.

Please copy and paste this message into your email so that I know what you're asking about; people who contact me offline based on an answer here all seem to think I know which question was theirs, but I answer enough of the LawGuru and other legal website questions that having one in particular stick in my head is pretty rare.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/23/08, 11:55 pm


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