Legal Question in Intellectual Property in Tennessee

copyright infringement

I received a notice from a Florida company called ''Super Stock, Inc.'', asking me to ''cease and desist'' use of their copyrighted stock image on our company website. I obtained this image through a general Google-type web-based search and as such, it was freely displayed without copyright or marked as such in any way that I could reasonably ascertain (it may have some digital code that is invisible). I did not obtain it from this company directly in any way, nor was I aware that it is intellectual property legally copyrighted by anybody. There are a lot of images on our website that were obtained from common public websites which display so-called ''free'' and uncopyrighted materials.

This company included an invoice for damages of $6,122 without any detailed explanation of how they arrived at such a figure, saying they would not sue if I paid such amount. I immediately removed the image in question from our website, so it is no longer on display.

QUESTION: Since this is the first request I have received from them or anyone else to ''cease and decist'' use of this image, in your opinion, does my company owe them any damages?

Thank You.


Asked on 6/07/07, 12:40 am

2 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: copyright infringement

Have a lawyer write up a letter inquiring where they came up with the damgages. Note that if they elected for statutory damages, the amount per infringment is much more.

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Answered on 6/07/07, 5:52 am
Gordon Firemark Law Offices of Gordon P. Firemark

Re: copyright infringement

Yes. You're infringing the copyright. You may assume that any image on the internet is protected by copyright... it's an automatic thing. If you haven't obtained a license or written permission to display an image, the owner can make a claim for damages.

Even though you found the image on google, it's protected by copyright law. Even though there was no copyright notice or symbol. None is required.

The only way(s) an image can be "uncopyrighted" is if the owner deliberately dedicates the work to the public domain, or if the work is old enough that the copyright has expired (the current term for protection of copyrights lasts 70 years after the author dies).

Copyright damages can easily amount to hundreds of thousands of dollars.

If you've received a cease-and-desist letter, and you haven't obtained licenses or permission for these images, you should take them down immediately.

The sum in question is odd, but not unreasonable.. though you should feel free to try to negotiate, beg, plead, etc., for a lower rate.

They're a stock photo agency, so they've got a rate schedule... my guess is that's how they arrived at the figure.

Contact a lawyer... this is a VERY BIG DEAL.

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Answered on 6/07/07, 12:55 am


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