Legal Question in Intellectual Property in Montana
I received a letter stating I was using a copywrited image on my website and are charging me a fee of $785.
Yes I was using the image they are claiming, but did not know it was copywrited. There were no watermarks, � or � or photographer credits to the photographer I pulled off of 'Google Images'.
The image was immediately removed from the website and I explained to the company that I didn't know it was copywrited for the reason above. They are not waiving the fee and say they will press action if I don't pay in 2 weeks.
What kind of "action" can they pursue? and if there were no markings of license on/with the photo ... are there any loopholes for me to not have to pay? Thank you!
1 Answer from Attorneys
As a Franchise Attorney I can say the following. All creative works are automatically protected by copyright law (regardless of a copyright symbol, watermarks, etc.), but registered works are afforded much greater protection. Copyright law sets statutory damages (damages that do not have to be proven) for unauthorized use of images. These generally range from $1,000 up to $150,000 per infringement (each use of each image). If the copyright is registered, then you can also be liable for attorney�s fees - which can be substantial. Ignoring their demand is not a good idea as they will likely get their attorney involved and the price tag will go up dramatically. You should consult with a good intellectual property or franchise attorney for specific advice and to help you cut the best deal possible under the circumstances. That's your only "loophole."
Good luck,
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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