Legal Question in Intellectual Property in New York

I have used a photo on my website for the past 6 months and now the agency that represents the photographer is slapping me with a $1000 fee for a retroactive license. As soon as the agency contacted me for the first time, I removed their image from the site.

Do I have to pay them for the license even though I replaced their image just hours after their first contact regarding this matter?

Thanks for helping

Boris


Asked on 1/21/10, 7:10 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Your removal does not affect the previous copyright violation. However, an important question is whether you had a license to use the photograph.

There is an agency that has been approaching companies that in good faith purchased website templates that turned out to have allegedly unlicensed artwork. They typically demand $1000 for a "retroactive license." If that's your situation, you may be able to escape the payment.

Read more
Answered on 1/26/10, 7:18 am


Related Questions & Answers

More Intellectual Property questions and answers in New York