Legal Question in Intellectual Property in Texas

Image Copyright Infringement accusation

I run a sales company structured to re-sell products from other companies. We have signed contracts with all vendors giving us authorization to promote their products and we have their permission to use content from their websites. Each vendor section of our site adheres to vendor trademark and copyright notices (Company ABC, Inc. has a �Copyright Company ABC, Inc, All Rights Reserved� notice on every page of their section of our site).

I received a letter from Getty Images stating they had discovered two of their Rights Managed images on my site along with an invoice and demand of $1,000 per image with the caveat of a discount if I paid right away ($1840.25) otherwise alternate legal remedies would be explored. They provided a web capture (from an old version of my site). I immediately scanned the new version of my site and removed those images and all other potentially questionable images just to be safe.

Should I ignore it? Tell them to go Stuff themselves? Contact them providing an explanation of my business along with copies of my vendor contracts, give them assurances the images were removed immediately, and then tell them to go Stuff themselves? Or, just figure out a way to pay it and forget about it?


Asked on 8/31/06, 12:12 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Image Copyright Infringement accusation

I would need to see your Vendor Agreements to advise. I hope you have an Indemnification and Hold Harmless clause in that agreement. That is your first firewall of protection from such claims. This would be a billable matter.

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Answered on 8/31/06, 6:52 am


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