Legal Question in Intellectual Property in New York

I used to work for a graphic design firm (Firm A) - I was laid off a year ago after a merger with another firm (Firm B).

At Firm A, when we designed web sites, we would use watermarked, copyrighted, stock images for comps and demos. If we decided to use the copyrighted materials in the final commercial version, each designer was individually responsible for purchasing the right to use the material from the copyright owner. There was no other documentation or oversight of "rights management" so there wasn't anybody there to catch my mistake.

I used a portion of a copyrighted image in one of my comps. When the project was approved and sent to production, I simply forgot to pay for the copyright to the source image. This was an honest mistake on my part and I had no intent to consciously not pay for the copyright. I used dozens of similar images on other projects and always paid for the copyrights to those images. This was a one-time mistake.

Now, Firm B has received a cease and desist letter from the copyright owner. I do not have the letter in my possession, but, apparently, the copyright owner is imposing a $1200 fine. Firm B contacted me and expects me to pay the fine.

Is it legal for my former employer to demand I pay this fine? I feel badly about it, but I don't think I should be financially responsible.


Asked on 3/01/11, 11:52 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say there is no way to answer your question without more facts. When you worked for Firm A, were you an employee or an independent contractor? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/01/11, 2:34 pm


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