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Violated Copyright Law — Now What?

An anonymous reader asks: "I am US-based and have recently been doing part-time subcontracting work for a friend in the UK who runs her own small marketing firm. She sells a complete branding/identity plan and if that includes a web site refresh, she calls me. The clients do not know who or where I am, or even that the work is being subbed. Like many designers, I often use Corbis and other photo merchants to mock up layouts for review. It is legal to download images (comps) from Corbis to use offline for the this purpose. If the client likes the design/images, I get a quote from the photo vendor and the client has the option to purchase. If the price is too high, which it often is with Corbis, I turn to less expensive or free alternatives." The problem comes when the site goes live and images from Corbis (or others of its ilk) aren't replaced, which is an honest mistake as long as it doesn't happen excessively. How does one handle isolating the customer, fixing the problem, and paying the proper fees (professional legal consultation here goes without saying) without everything getting blown out of proportion?

One of her clients, for whom I recently designed a site, just received a $25,000 invoice from a law firm in London representing Corbis, who claimed their content was on the client's site. The client of course was frantic when they received the bill and called my marketing friend, who called me. I investigated and sure enough, there were images on the site that were rightfully the property of Corbis, which I put there. In this instance I neglected to swap out the comps with legal images I purchased for the client from another online source before I made the site live. As a designer I respect content rights and did not, would not, maliciously steal images. The client and my friend had no idea.

I moved quickly to correct the situation — scrubbed the site and looked through other clients' sites to make sure nothing else had gotten through. I called Corbis and told their legal department what happened and they told me I would have to deal with the law firm, who handles "all our overseas affairs." I then sent a certified letter to the law firm telling them what happened in an attempt to exonerate the client, and by default, my friend. That was today.

I quoted the images in question on the Corbis site and the total would have been about $800. I did my due-googling and in the spectrum of copyright infringement, I want to believe I'm closer to the speeder than I am the serial-killer. Other photo houses (Getty) send out cease and desist letter and it's done. There is mention of similar situations on some forums, especially in the UK, but I can't seem to find any precedent as to what my fate might be. Does anyone have any idea? I made about $1,000 for the site about a year ago, and as much as it would pain me, would be willing to give that up to make this go away. However, something tells me this is going to get ugly."

112 comments

  1. | ouch by Lehk228 · · Score: 1

    duck and cover?


    or perhaps bite the pillow

    --
    Snowden and Manning are heroes.
  2. Lawyer by nbehary · · Score: 5, Insightful

    The little () about consultation is your answer. You need to talk to a lawyer.

    1. Re:Lawyer by cliffski · · Score: 3, Informative

      why is th answer to everything "talk to a lawyer", and the first thing a lawyer says is "dont talk to them diretc, it must go through me. no comment".
      Lawyers get dollar signs in their eyes when they hear this kind of crap. Its not beyond the skill of man to draft contracts that intelligent people can understand. lawyers try to create some bullshit that "only lawyers can talk to lawyers" to perpetuate their gravy train. Once you see this attitdue for what it is, its laughable.
      Some company just unleashed a lawyer at me, with a long rambling letter that they probably got charged $300 for. A simple 2 minute, 15 cent polite phonecall would have got them what they were asking for, but instead they decided to throw the cash at their lawyers.
      Very few problems are made better by the application of lawyers.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:Lawyer by Entrope · · Score: 3, Insightful

      Thank the courts and bar system for that, plus the fact that a lot of people make newb mistakes when it comes to legal issues.

      For example, sending a letter admitting that you are responsible for copyright infringement (as the questioner did) is bone-headed. A lawyer knows how to spin things and what to get in writing, and it can hurt a litigant's chances quite a lot if the litigant says or does the wrong things.

      Courts and the bar system hold lawyers responsible for advocating in the most effective way possible within the bounds of legality and ethics. As much as it might make sense, a person cannot have "a la carte" representation or assistance of counsel. There was recently a court case in the US (I think in New Jersey) where a judge blasted a pro se litigant who had some filings ghost-written by an attorney.

    3. Re:Lawyer by Simon+Brooke · · Score: 3, Informative

      The little () about consultation is your answer. You need to talk to a lawyer.

      Is the wrong answer in this case.

      As this is in the hands of a UK law firm, talking to a US law firm is going to do you exactly no good at all - except run up a huge legal bill as they consult a UK firm.

      My first approach would be to phone the person who sent the letter (yes, I know, international call charges - tough) and speak to them directly. The UK is not as litigious as the US, and it's quite possible that if you're humble enough and apologetic enough they'll agree not to pursue the action further. Don't be embarrassed to grovel - it could save you a lot of money. Be very, very polite. If Corbis have effectively farmed out their UK collections business to this firm, they may feel that they have costs to recover, in which case get them to tell you - over the phone - what they will accept.

      The next question is what your business - and personal - relationship with your friend is worth. If you want to keep those relationships, you can't walk away from the problem - you have to indemnify your friend and your friend's customer against this action.

      If, in the end, you cannot get Corbis' law firm to agree to a sum you can afford, then you should get yourself a lawyer. You need to find out whether they propose to take action under English or Scottish law (which are quite different) and get yourself an English or Scottish lawyer as appropriate. I strongly recommend that if there is a hearing you come personally across to the UK. British judges are much more likely to be persuaded by a polite and apologetic personal appearance than by any letter.

      Best of luck, my sympathies, and in future take your own photographs.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    4. Re:Lawyer by ScrewMaster · · Score: 3, Interesting

      Yes, well, pretty much everyone who's fortunate enough to have created a gravy train will do anything to stay on it. Doesn't make it right, but it does make it common.

      Many problems are averted by the pre-emptive application of a lawyer. That is, dot the i's and cross the t's before you walk into a business situation that might have negative consequences. Generally, only someone intimately familiar with the applicable law can do that for you.

      Sometimes you can operate on a handshake, but unless you have a certain degree of trust (and history) between you and your customer, it's generally best to put it on paper. I've always found that the people that did not want to have a business arrangement committed to a written contract were the ones intended to shaft me later. Fifteen years as a contract developer taught me that much.

      My beef isn't so much with attorneys themselves (who, after all, are just paid employees, corporate tools like the rest of us) but with the suits who own them using them as a first line of defense, rather than as a matter of last resort. Granted, the lawyers often encourage that kind of thinking.

      Sometimes it works out. I was on a contract job about twenty years ago where we delivered on our milestones for the project, and (as you might think) expected to get paid. The customer started coming up with lots of additional things that he wanted to have included in the program (stuff not in the spec) ... we added a few, as a matter of goodwill, but called a halt when the hours started adding up. Next thing I know I get a call from their company attorney. He was pleasant enough, actually, but wanted to know why we had chosen not to fulfill our obligations. I said we had fulfilled all of them to date, that I'd be happy to prove that if he wished, and that we only wanted his employer to fulfill their obligations.

      Apparently, the manager of the project had actually lied to the lawyer, thinking that we would immediately cave in because of the implied legal threat. This guy was interesting though, and really tried to serve as a negotiator, asked me "come on, I still sense some enthusiasm for the project, isn't there any way we can work this out?" I told him, sure, enthusiasm isn't the issue, money is the issue. We're a business too, and we expect to get paid for our trouble. Once he realized that I wasn't kidding, that he'd been lied to ... well, he told me he'd call back. He did, and said I could drop by and pick up a check. I was more than a little surprised at the outcome, but the rest of the project went much more smoothly.

      I got the feeling some attitudes adjustments got made. Lawyers don't like being made into fools. However, I was impressed that this lawyer didn't come down like a ton of bricks right off the bat: he tried to get all the facts first.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Lawyer by Anonymous Coward · · Score: 0
      a) You're entitled to your opinion, and if you don't want to consult a lawyer when similar cr*p happens to you, fine.

      b) There are indeed bad lawyers, and ones who add no value while charging fees.

      c) If you go to a decent lawyer specialising in the subject (ie not some some randomly chosen one, or the cheapest) then your chances of encountering (b) drop significantly.

      d) Lawyers of the kind in (c) can often be identified by searching law reports (using keywords judiciously) to see who in your area covers this sort of stuff and is successful, or by asking a big firm, and then seeking lower-priced recommendations if you can't afford them.

      I am a lawyer who does a decent amount of this work, and a decent proportion of what I do consists of trying to save the client from the stupid, liability-incurring, damages-increasing stuff that they said and did before they got advice. Things like sending letters saying "Yes I did it, but..." and hoping they will take pity are a good example. Sure, that kind of thing sometimes works, but you need to know when that might be.

      It's exactly the same thing that underlies not talking to detectives without a lawyer present. Many, many people are charged solely based on what they say while being interviewed. This is a real problem if the person is innocent and just said something dumb.

    6. Re:Lawyer by rtb61 · · Score: 1
      Further to that you can pretty well guarantee any company that sends a bill for $25,000.00 for a couple of photos via a lawyer in the first instance, not even a request for removal, is not interested in anything fair or reasonable, they are just interested in the money.

      In fact the whole Corbis thing has the real stink of a copyright trap. With so many hundreds of thousands of images out there on the net and the growth of the creative commons, those photo companies are a dead end and are obviously becoming desperate for revenue.

      The only real legal defence would be that Corbis intent is setting up the web site and freely making their content available for download is to create a trap, to trick people into using their media and then charging outrageous amounts for it. Although it is fairly clear on the site that they intend to charge licence fees for each of their photos, although perhaps it might not be so clear that they intend to charge tens of thousands of dollars for a generic photo. Well at least that fellows clients are free and clear, but the web designer is screwed and likely to get a bill from both the photo trap site and his clients.

      For content go here http://creativecommons.org/ don't even think of going else where.

      --
      Chaos - everything, everywhere, everywhen
    7. Re:Lawyer by GWBasic · · Score: 1

      The little () about consultation is your answer. You need to talk to a lawyer.

      It's a good thing that this post was made on Slashdot. I'm sure there are other slashdotters who've (cough) accidentally used images from Corbis or another firm.

  3. Your problem was by Anonymous Coward · · Score: 3, Interesting

    that you exposed yourself by sending a letter. You should have just scrubbed the site, ignored the legal letter or sent a polite response that there was no infringing content on there (now), and forget about it. IF worse comes to worse, claim that they hacked your site and file countersuit - that'll shut them up fast. They want easy prey.

    By explaining yourself to them in writing, you opened yourself up to all sorts of things. Never write down. Just clean it up and forget about it.

    1. Re:Your problem was by X-treme-LLama · · Score: 1

      Too bad I didn't have mod points, otherwise you'd get:

      +1 Not a bad idea.
      -1 Might make things much, much worse.

      So I suppose it all evens out..

    2. Re:Your problem was by Anonymous Coward · · Score: 1, Informative

      I should have been more specific about telling them about the site hacking - only allege it and that you may sue them, not that you will. Otherwise it will be misrepresentation (which they can sue you for) if you don't follow through. This is wholly a tactic to get the vultures looking elsewhere, don't dig yourself deeper. Don't write them a letter, make a phone call that is not recorded - do not have it documented. Documentation is bad. If you have to write a letter - use weasel language - "you may have", "may have to look into further" - nothing concrete.

    3. Re:Your problem was by Anonymous Coward · · Score: 5, Insightful

      You should have just scrubbed the site, ignored the legal letter or sent a polite response that there was no infringing content on there (now), and forget about it. IF worse comes to worse, claim that they hacked your site and file countersuit - that'll shut them up fast. They want easy prey.


      You need to read closer.

      One of her clients, for whom I recently designed a site, just received a $25,000 invoice from a law firm in London representing Corbis, who claimed their content was on the client's site.


      It is not the site designer's site but his design work. Not only that its work he/she sub-contracted for the friend. The designer can't ignore it or it just becomes a bigger financial and reputational headache. They can end up with not only one judgement to pay for but the cost of three judgements and accompanying law fees, not to mention gaining the bad reputation of not standing behind their work.

      The right way is to get a lawyer and arrange a settlement suitable to all parties concerned. This will protect their and their friend's reputation. Of course, if they can't afford the settlement it brings up another problem. IANAL and designer in question needs to see a real one. IMO as part of the settlement they should request that Corbis send notice to the company the site was created for that the matter has been handled to their satisfaction by the marketing firm that contracted the job. Of course the lawyer they hire will probably need approval to negotiate a settlement from the website owners.
    4. Re:Your problem was by X-treme-LLama · · Score: 1, Redundant

      Oh on part of that we agree.

      NEVER ADMIT GUILT! (Especially to the OPPOSITIONS LAWYER!!!)

      That works in movies and sit-coms. It *MIGHT* have worked if the company itself had contacted you. But to their LAWYER?!? Bad, BAD move. As far as the lawyer is concerned, you just won them their case. Now all they have to do is take you for however much they can get away with.

      Remember: not all lawyers are evil, but they certainly aren't out to help you over their *client*.

    5. Re:Your problem was by sumdumass · · Score: 1

      well, It the lawers are smart, they can track his confesion from here and use it.

      All they need is their own search engine spider that looks for the name of the company holding the rights to the picture. This is probably how they find offenders in the first place.

    6. Re:Your problem was by Tim+C · · Score: 5, Interesting

      That has to be one of the worst ideas I've ever seen on slashdot. This is the guy's *job* you're talking about - ignoring allegations (especially ones that are correct!) and filing spurious counter-suits is extremely unprofessional.

      The bottom line here is that he fucked up, and has been caught out. His only real option now is to handle the situation as professionally as possible; anything else risks real and lasting damage to his reputation, especially as first contact in this situation was made via the client who's site it was that was infringing. In fact, it's not just his reputation, but that of his friend and her firm.

      Everyone makes mistakes from time to time, the question is how you go about recovering from them. Something like this you simply cannot afford to ignore.

    7. Re:Your problem was by Psychotria · · Score: 0, Flamebait

      The problem is--and I bet I'm not the only one wondering this--is that (from the summary) this doesn't seem like a one-off thing. It appears that the (C) violations have been occuring in the past and the poster has recieved previous warnings. So, in that case it's not a "mistake". The only "mistake" is that the poster thought that he/she could get away with using copyrighted material.

    8. Re:Your problem was by Stoned+Necromancer · · Score: 0

      Well, not everyone is a coward like you, you know.

    9. Re:Your problem was by erroneus · · Score: 1

      In true and perfect form, this advice comes to you from Anonymous Coward who also doesn't expose himself.

      The bottom line is not to provide evidence against yourself EVER. I think most all of us can understand the "stand-up-guy" urge, but "honorable" in a legal situation should only apply to the title of the judges. Attempting to bring things like common sense, mercy, altruism, reason and hope into a legal setting will only get you mowed down like the deer-facing-the-headlights that you presently are.

      "Reasonable" is probably the first human attribute to leave a lawyer when he becomes one. The thing about lawyers is that they probably don't even believe their own bullshit. This is bullshit generated on behalf of their clients intended to do the most thorough and complete job possible. Compromise comes during the settlement phase which you were attempting to bring on sooner whether wittingly or not.

      Their first step is to say "you owe us BILLIONS if not TRILLIONS!" Yours should be "I owe you nothing!" Then theirs would be "let's settle this now or go to court!" You should then decide what is next. Got a case? Take it to court. You don't? Settle. If you're settling, put up a good fight and act like you're ready to take it to court.

    10. Re:Your problem was by Psychotria · · Score: 3, Interesting

      I didn't mean the above comment as "flamebait". However, if a person came on here complaining that the FSF was after him for violating the GPL, and that person said "yes, I included the code, but I forgot it was there", that there would be much sympathy. Anyway..

    11. Re:Your problem was by Simon+Brooke · · Score: 3, Insightful

      "Reasonable" is probably the first human attribute to leave a lawyer when he becomes one. The thing about lawyers is that they probably don't even believe their own bullshit. This is bullshit generated on behalf of their clients intended to do the most thorough and complete job possible. Compromise comes during the settlement phase which you were attempting to bring on sooner whether wittingly or not.

      Their first step is to say "you owe us BILLIONS if not TRILLIONS!" Yours should be "I owe you nothing!" Then theirs would be "let's settle this now or go to court!" You should then decide what is next. Got a case? Take it to court. You don't? Settle. If you're settling, put up a good fight and act like you're ready to take it to court.

      This may be good advice in a US context - I don't know. It's really, really bad advice in a UK context. Most UK lawyers are reasonable; and, furthermore, UK courts cannot be bought and are always reasonable. But one thing they won't tolerate is unreasonableness.

      If you go to a UK law firm and say, 'look, I messed up, it was an honest mistake, I won't do it again, I'll happily pay your reasonable costs for sending that letter', you'll probably end up with a bill for under US$100. If they refuse and take the matter to court, then the judge will certainly look positively at that sort of approach. But if you attempt to do anything 'tough' or 'clever' you are going to be in such deep trouble.

      Be humble. Be contrite. Be apologetic. Grovel. It will save a whole heap of trouble and money.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    12. Re:Your problem was by Anonymous Coward · · Score: 0

      No, the problem was he exposed himself when he most likely didn't have a proper contract drawn up right at the start. It's work for a friend, who needs a contract? Everyone! You know, simple contract terms that are along the lines of informing the friend and the client that stock images are being used and that they must be licensed before deployment and most importantly whose responsibility it is to do the licensing.

    13. Re:Your problem was by honkycat · · Score: 1

      I don't think that being immediately confrontational is good advice in any context. All it will do is piss off the other party and steel their resolve to bring as much harm to you as they can. This was an honest mistake -- the web designer (or his client) really was in violation of the law. If this goes to court, he (or his client) will almost certainly lose if the other party had even a modicum of sense to document the violation properly. They're not going to be intimidated out of pursuing this (especially not by the AC's ridiculous suggestion of threatening a countersuit for hacking... that's the silliest thing I've read in weeks, and I read a lot of slashdot). Given the circumstances, I think he was better off trying to placate them without litigation.

      Still, it's probably not a good idea to take responsibility in writing before talking to the other party or their lawyer to determine how they're going to respond to it. If they are already resolved to absolutely demanding their $25k, then he'll really have no choice but to fight back and at that point, everything really better go through a lawyer.

    14. Re:Your problem was by Anonymous Coward · · Score: 0

      The bottom line is not to provide evidence against yourself EVER.

      Well, unless you're in pre-trial discovery and they ask for it.

    15. Re:Your problem was by jjon · · Score: 1

      If you go to a UK law firm and say, 'look, I messed up, it was an honest mistake, I won't do it again, I'll happily pay your reasonable costs for sending that letter', you'll probably end up with a bill for under US$100. If they refuse and take the matter to court, then the judge will certainly look positively at that sort of approach.

      I'm not a lawyer, but I'd hope that the judge wouldn't award costs against you if the final bill is the same as the amount you offered to settle. If your offer is totally unreasonable, you might end up paying the opposition's legal bills.

    16. Re:Your problem was by Selanit · · Score: 1

      I'm not a lawyer, but I'd hope that the judge wouldn't award costs against you if the final bill is the same as the amount you offered to settle. If your offer is totally unreasonable, you might end up paying the opposition's legal bills.

      I'm not a lawyer either. But I do know that the UK has a "loser pays" judicial system - if you go to court and lose your case, then you pay both your costs and your opponent's costs anyway.

    17. Re:Your problem was by greginnj · · Score: 1

      ...if a person came on here complaining that the FSF was after him for violating the GPL, and that person said "yes, I included the code, but I forgot it was there", that there would be much sympathy....
      To run with your analogy, Eben Moglen has given us a rather detailed discussion of what happens when exactly this issue comes up with GPL'd code. Key phrase:

      "A quiet initial contact is usually sufficient to resolve the problem. Parties thought they were complying with GPL, and are pleased to follow advice on the correction of an error."

      It looks like the original question involved someone who corrected an error after a not-so-quiet initial contact, but they still want money. As might be expected from a for-profit enterprise.
      --
      Read the best of all of Slash: seenonslash.com
    18. Re:Your problem was by Achromatic1978 · · Score: 1
      Wow. Your solution is, for someone who has admitted wrongdoing ... to suggest PERJURY as a serious option?

      Wow. Were you dropped on your head as a child?

      "Allege" that they hacked your site? Why didn't you go to the police? Can we say defamation?

      He may have opened up all sorts of things by explaining himself. Your "solution", on the other hand, exposes him to further legal costs, exposes him to all manner of things, including CRIMINAL SANCTIONS for, I don't know, BREAKING THE FUCKING LAW to try to escape liability.

      I can't believe you seriously think this is a wise course of action for a business to take. That you got moderated Informative and Interesting for it would make me cry if it didn't make me laugh.

  4. MOD PARENT UP [Re: Your problem was] by corychristison · · Score: 1

    This is great info. Please mod the parent AC post up. :-)

  5. hmmm by Anonymous Coward · · Score: 3, Funny

    Lock the door. And hope they don't have blasters.

  6. Re:| ouch by X-treme-LLama · · Score: 1

    Yeah. I might also add: run.

    Or perhaps (in the immortal words-and voice--of Edie McClurg from Planes, Trains and & Automobiles): You're fucked.

  7. You'd didn't mark the images for review only? by Matt+Perry · · Score: 5, Insightful

    In the future you might want to place the text "FRO" (for review only) or something like that over all the images that aren't licensed. That way it's clear that the images in the mockup are not the ones to be used for the final site. I picked this up from some colleagues when I worked in print. The text was placed over all mockup images and was faint enough that it wouldn't interfere with the idea, but clear enough that anyone could read it and notice it.

    --
    Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    1. Re:You'd didn't mark the images for review only? by metamatic · · Score: 1

      Yup, first thing I thought of when I read the writeup.

      Put "SAMPLE" or something over every photo as a watermark. End of problem.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  8. your story is doubtful. by Anonymous Coward · · Score: 0

    In other words, you sold them a site, and just didn't mention the unlicensed stock images from corbis? very bad. Sorry, but I don't buy your fairy tale about how you'd just neglected to replace the images .. how many images could their possibly be on your whole site? five? ten? It's a very rare, and large, site that has more than a few stock images.

    Anyway, your immediate response should have been to license the images, instantly, and then informed the lawyers there was no infringing content. Assuming you have licensed everything now, I doubt you'll be in any danger - they won't bother dragging you to court for some tiny thing like that, and if they did, not many judges would care to hear them.

    Your real problem is going to be your reputation, which is now mud - and I'm sorry to say, deservedly so. You've caused a whole lot of trouble for your friend, and I doubt you'll get more work from that source. Be more careful next time.

    1. Re:your story is doubtful. by Achromatic1978 · · Score: 1
      Yeah, little hints like "it doesn't matter if this happens every so often, that's an honest mistake"... really bring out the skeptic in me.

      Who'd like to take a bet that the purchase date of the images from the other site that he "neglected to replace" is actually after the date of receipt of the letter from Corbis' legal counsel?

  9. Umm, hang on by Psychotria · · Score: 3, Interesting

    Other photo houses (Getty) send out cease and desist letter and it's done

    How do you know this? It happens often?

    1. Re:Umm, hang on by MyDixieWrecked · · Score: 1

      I did my due-googling and in the spectrum of copyright infringement, I want to believe I'm closer to the speeder than I am the serial-killer. Other photo houses (Getty) send out cease and desist letter and it's done.

      I understand that he learned about the cease and desist letter through his googling.

      Also, I'm surprised that they are going after the site so hard. The reason for the $25K invoice is probably because it's overseas and it's a lot more work for them to have to hire a UK lawyer to take care of things rather than doing it on their local turf.

      In my experience, Corbis seems to generally have much better stock photos than anyone else, but they also charge significantly more for the rights to use them. They also have much more strict rules for the usage and base their quotes on how the item's being used, how many people will see it, the size of the final print, etc.

      I've done mockups for clients and Corbis has quoted $10,000 for a pair of ultra-high res graphics. The cost of the job was only around $900, which made that quote prohibitively expensive. The client even asked if we could just use the mockup for production, they didn't care if the quality was bad, but we refused.

      --



      ...spike
      Ewwwwww, coconut...
  10. This is all so very stupid by pembo13 · · Score: 0, Flamebait

    So much time wasted over such an abtract, and mostly useless concept.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:This is all so very stupid by Anonymous Coward · · Score: 1, Insightful

      Well, it wasn't exactly useless when the poster snarfed the content from Corbis and used it to sell a site, now, was it?

    2. Re:This is all so very stupid by meme+lies · · Score: 4, Interesting

      So much time wasted over such an abtract, and mostly useless concept.

      I know it's instant mod points to call copyright law bullshit, but come on.

      These images have value. It is not trivial to shoot a commercial photograph. Photographers, models, art directors have to be paid and locations, props and equiptment have to be bought and rented. To obtain an original image of the equivalent quality would have cost this person far more than the license fee.

      It's a shame that he got popped for it and I do hope it can be resolved painlessly, but they have a right to protect their product.

    3. Re:This is all so very stupid by pembo13 · · Score: 0

      I know it's instant mod points to call copyright law bullshit, but come on.

      I didn't do it for any mod points. I truly think this is all highly ridiculous and a mostly a waste of time.

      These images have value.

      The images having a value in and of it self is subjective, and also highly abstract - but more importantly, not at all worth all the trouble. I would like to believe the photo was taken to meet some need, and that need was not to be copyrighted. That is to say the value of the photo was alreayd used up. If the implication is that the photo was taken purely for copyright purposes, I find that even worse.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    4. Re:This is all so very stupid by Blikkie · · Score: 2, Interesting

      I don't know if you are familiar with stock-photography, but many (if not most) of those pictures are shot, just to be sold on the site. Like it or not, but I think it's a great service, since it spares those copywriting persons a lot of hassle, and gives them great pictures in exchange for a little (or sometimes a lot of) money.

      I have browsed the Corbis site regularly, just for the pure fun of it, and their standard is very high. If you can afford them, they are worth it.

    5. Re:This is all so very stupid by Psychotria · · Score: 2, Interesting

      Yeah, and that software has value is also subjective. I sell stock photos AND I develop software. For you to label either as "subjective" just indicates your myopic attitude. How is spending 400 hours to get a great photo worth any less than someone else spending 400 hours to do what they do?

    6. Re:This is all so very stupid by Dogtanian · · Score: 2, Insightful
      I agree with the others who replied; you clearly aren't familiar with the concept of stock photography.

      The images having a value in and of it self is subjective, and also highly abstract No, the value of an image is what people are willing to pay for it.

      I would like to believe the photo was taken to meet some need, and that need was not to be copyrighted. If the implication is that the photo was taken purely for copyright purposes, I find that even worse. Why? Just because you dislike copyright, or does it offend some other fundamental principle that you hold? Do you get annoyed that shops are full of goods that weren't produced with someone specific in mind? Do you believe that the market for intellectual property should be reliant on one-off customised productions?
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    7. Re:This is all so very stupid by Anonymous Coward · · Score: 0

      I truly think this is all highly ridiculous and a mostly a waste of time.
      So is posting your crackpot views about copyright on Slashdot.
    8. Re:This is all so very stupid by pla · · Score: 1

      These images have value. It is not trivial to shoot a commercial photograph. Photographers, models, art directors have to be paid and locations, props and equiptment have to be bought and rented. To obtain an original image of the equivalent quality would have cost this person far more than the license fee.

      And unless talking about a website specifically devoted to high-quality photography, what ends up online consists of a 17KB 300x200 fragment of the original that any hack with a 2MP digital could have snapped.

      Photo aggregator sites like Corbis serve one purpose and one purpose only - Tagging. For the purpose of small-scale private web designers, he could almost certainly get what he wanted from the likes of Flikr, if it didn't take so much effort to find, for example, "a young brunette woman getting out of a blue sedan in front of a hotel, shot from the second story across the street". The ability to find that picture quickly has value - But that value has nothing to do with photographers, models, art-directors, locations, props, or equipment. Just convenience.



      It's a shame that he got popped for it and I do hope it can be resolved painlessly, but they have a right to protect their product.

      I think you missed the point of the G(G?)P... The FP author made a small mistake that involves no harm at all, he offered to make good, but the Dogs of War (aka "lawyers") have decided to try to get blood from a stone rather than accept his clearing the photos after-the-fact along with a small nuissance-fee as punishment. That represents the real "crime" here, not the copyright infringement.

      "Hey, guys, I have this great idea - Let's ruin one our regular customers just because we can! Sure, he'll never, ever use us again, and this will likely cost us hundreds of thousands of dollars in the long run, but we have the legal high-ground!"

    9. Re:This is all so very stupid by Dogtanian · · Score: 1

      Photo aggregator sites like Corbis serve one purpose and one purpose only - Tagging. For the purpose of small-scale private web designers, he could almost certainly get what he wanted from the likes of Flikr, if it didn't take so much effort to find, for example, "a young brunette woman getting out of a blue sedan in front of a hotel, shot from the second story across the street" Uh, no. As far as I know, even the CC-licensed images on Flickr don't normally come with a model release, and you could end up in all sorts of hot water if you used them in certain ways without that. IANAL, so don't ask me about the implications, but please be aware that model releases *are* a major issue.

      Also, although Flickr has a lot of *very* high-quality images, I'm sure that there are certain situations where it's hard to find something that fits exactly. Stock photography can be generic and bland (and is often obvious for being such), but since it's not customised, it *has* to be that way; it's designed with its end purpose in mind. I suspect you'd find it much harder than you think to get innocuous "business-type" images for a website from Flickr.
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    10. Re:This is all so very stupid by JesseMcDonald · · Score: 1

      No, the value of an image is what people are willing to pay for it.

      No, the demand for the image is what people would be willing to pay for it. The value of an image is subjective and impossible to measure, as it exists only in the mind of the one evaluating the image. Demand is a function of the potential buyer's resources, the available alternatives (competition), and the relative value of the image compared to all the other goods that person might wish to acquire. The thing is, absent the threat of coercion by the government via copyright enforcement, the "competition" for the image (assuming it was already available to the public) would obviously include the potential buyer's ability to duplicate the image at zero cost. Just as water, or air, is extremely valuable and yet would be difficult to profit from selling, copies of images may be valuable while yet commanding little or no demand after the initial publication. There is nothing unfair or unjust about that.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    11. Re:This is all so very stupid by Anonymous Coward · · Score: 0

      Just as water, or air, is extremely valuable and yet would be difficult to profit from selling Just to let you know that I heard the water selling market is quite in shape.
    12. Re:This is all so very stupid by JesseMcDonald · · Score: 1

      Just as water, or air, is extremely valuable and yet would be difficult to profit from selling

      Just to let you know that I heard the water selling market is quite in shape.

      I realize that water was probably a poor choice compared to air. Still, the common price for preprocessed tap water (or even bottled water) is hardly proportional to the "value" of water as most would estimate it -- particularly after going a few days without Similarly, people often pay others to make copies of various content ("commercial copyright infringement") despite the fact that they could, in general, make said copies more cheaply themselves from a purely monetary point of view. As with water, the supply of such copies is essentially unlimited, and their prices derive mainly from the convenience of getting them pre-made rather than the "value" of the content to the buyer.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  11. Pageviews & watermark by maggard · · Score: 3, Insightful

    Apparently /. is low on pageviews for the month so the editors are looking for a thousand IANAL (half of whome will give legal advice anyhow, a further half of whom are unable to comprehend that US law isn't universal (not for wont of trying.))

    • Pay the money, try and save what you can your employer's (your friend) reputation by fixing this as quickly and as quietly for the client as possible.
    • In the future, put big watermarks all over material unsuitable for public display - something like "NOT for publication / MUST license from CORBIS"
    • Spend a sum equal to the fine on a gift for your employer/friend who has been professionally injured by your carelessness.
    --
    I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
  12. IANAL... by Robotech_Master · · Score: 3, Informative

    ...and neither are more people on Slashdot. And even those who are would probably disclaim that they can't provide you with legal advice.

    Talk to your lawyer. You should have talked to them before you even sent that letter.

    Asking about the problem on Slashdot is a great way to throw a pity party, but a poor way to get sound legal advice.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
    1. Re:IANAL... by Anonymous Coward · · Score: 0

      Asking for anything on slashdot is a great way to see how many people wish they were comedians. You are lucky if 10% of the posts even contain an answer, much less a good answer. Mostly inane attempts at humor and other wannabes modding them up.

      BTW, the best advice has already been given. Talk to a lawyer. Why you even presented this question here is unknown. Most of these people think everything should be free - how can you hope to get a response that has meaning in the real world.

    2. Re:IANAL... by Anonymous Coward · · Score: 1, Interesting

      And yet, you (Robotech_Master) seem to be providing that legal advise you advocate against on Slashdot.

      From the question, we can see that an invoice from a legal firm representing Corbis has sent the client an invoice. Big deal. No one has filed suit. Treat it as a warning, fix the issue and let Corbis's law firm work out the numbers on if they REALLY want to go to court over images valued at $800.

      Even then, mistakes happen. Don't get so worried about it. The marketing friend in the UK and her client probably will understand.

  13. Just slaughter the lawyer without fucking mercy by Anonymous Coward · · Score: 0, Flamebait

    Seriously. In a sane world with sane people, this could have been over in 10 minutes.

    The moment lawyers get involved, the only possible outcome is total and complete scorched Earth. Lawyers love nothing more than fucking people in the ass until death from bloodloss occurs.

    I sometimes think you have to have a complete sociopath to be a lawyer.

    Their desire to financially hurt, terrorize and ruin people over things that, really, in a rational world would be complete trivilaities, is a sickness.

    If you are a lawyer and reading this ---> FUCK YOU, SCUMBAG! Do the world a favor and drop dead, you sack of pig shit.

    1. Re:Just slaughter the lawyer without fucking mercy by X-treme-LLama · · Score: 1, Funny

      Man, no regular lawsuit experience could cause anger like that...

      So I guess her divorce lawyer was better than yours eh?

  14. Just follow the blokes in the Monty Python film... by Anonymous Coward · · Score: 0

    "Run awayyyyyy!"

  15. Dumb and dumber. by DerekLyons · · Score: 1

    As a designer I respect content rights and did not, would not, maliciously steal images.

    Ah, but you would nicely steal their images? The fact is, you *did* steal their images. Not only that - but you matters worse by taking action on your own, *and* posting to ask Slashdot, when you should have consulted your lawyer *first*. (Mostly it seems in the vain hope that the problem will just 'go away' and you won't have to pay the price for your own actions.)
    1. Re:Dumb and dumber. by Dogtanian · · Score: 1

      Ah, but you would nicely steal their images? The fact is, you *did* steal their images. If we take him at his word, he didn't; he inadvertently left some images (which he was legally allowed to use for offline preview) in the site when it went online. I'd say that theft implied that it was intentional.
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  16. You fucked up big time by jeff4747 · · Score: 2, Insightful

    (IANAL)

    You really screwed up when you wrote the letter to their lawyers. It made the problem much, much worse for you, your friend, and her client.

    The normal first step for a copyright holder in this situation is a cease-and-desist letter, not a huge fee. Their fee is exorbitant, they likely know that, and they would probably have settled for something close to the money you should have paid them to use the images. They might have even been happy once their images were removed from the web site and forgot about the fee. By writing the letter, you've bent over, dropped your pants and decided to forgo any lube.

    If you have any insurance that would cover this sort of thing (liability for your business or an umbrella policy), now is the time to call your agent. (Actually, the time to call your agent was when you first heard about it the problem)

    If you don't have insurance, you have three options:
    1. Pay the ridiculous fee.
    2. Screw over your friend.
    3. Get your own lawyer, and hope that getting yourself out of this mess doesn't cost as much as the fee.

  17. IANAL by julesh · · Score: 4, Informative

    Like so many others here, IANAL. However, I do have one thing to add that seems to have been missed: the legal actions so far have occurred in the UK. UK copyright law is different to US copyright law in that we don't have statutory damages. The insanely high demands are not legal in the UK: if you could have licensed the images for $800, $800 is the highest award a UK court will make to them. Plus their lawyers fees.

    What you do right now is talk to a *UK* lawyer, and mention this idea to them, asking for their opinion of it:

    Write a letter back, headed "WITHOUT PRIVELEGE, SAVE AS TO COSTS". Offer to make a payment of $800 in settlement, stating that you believe this is the true market price of the material you used, and are more than happy to pay it.

    If they accept your offer, you pay up, and that's the end of it.
    If they don't accept, you go (or send a lawyer to) a UK court, and when an award, probably in the region of $800, is made to them, you (or your lawyer) shows the judge a copy of that letter, which should ensure that no costs award is made against you.

    1. Re:IANAL by julesh · · Score: 2

      I wrote: headed "WITHOUT PRIVELEGE, SAVE AS TO COSTS"

      I meant to write: headed "WITHOUT PREJUDICE, SAVE AS TO COSTS". That's an important difference. Doh!

    2. Re:IANAL by Red+Flayer · · Score: 1

      I work in magazine publishing, and have faced a very similar situation, but in the US. Take a look at the standard usage contract that Corbis issues. You'll notice a very steep penalty for using without attribution, even if the images are licensed.

      I haven't seen the images posted by the submitter, nor their context, nor the online publishing contract. However, it would not surprise me to learn that the $25,000 is inclusive of the penalty for using the image without attribution, in which case Corbis could, I beleive, recoup that from submitter even in UK court, if Corbis chose to be jerks about it.

      In my experience, Corbis is very reasonable (we regularly pay 6 months after publication). The problem here is that they've most likely 'sold' the whole kit and kaboodle to their solicitor, who is looking to make bank on it. The trick is to make sure Corbis is aware that you'll be using them in the future should this be resolved amicably. Having a prior business history with them helps.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:IANAL by Anonymous Coward · · Score: 0

      you are right, here in the UK if you have previously offered to pay them £800, say, and the judge awards them £799 they get nothing from you, save for maybe lawyers fees, which the judge will award as he sees fit (it might be none, it might be all, it might be in between)... anyway, the parent is right, get a UK lawyer

    4. Re:IANAL by Achromatic1978 · · Score: 1

      I'm curious, though... if the letter is apropos the use of images without license, I don't at all see how Corbis' usage contract would apply, given that there is no contract /for/ usage in the first place - the crux of the issue. "You used our images without permission. The usage contract that you didn't agree to says you owe us $25000 for unauthorized use."

  18. No, your problem was by KlaymenDK · · Score: 3, Insightful

    No, your problem was not managing your art resources properly. The simplest things could be done to avoid it happening again --- for instance, any photo for which you would eventually need to pay, you can rename it to include some unique tidbit (say ".."), and then all you'd need to do is search your resource folder for that tidbit. Found anything? Then it's not cleared for deployment.

    1. Re:No, your problem was by Dogtanian · · Score: 2, Insightful

      I appreciate that this isn't going to help the guy in question, but would it make sense to lightly deface each image with (e.g.) an 'X' across the picture? Not enough to destroy it, just (a) to be clearly visible as a non-licensed image and (b) if it did accidentally leak, it might (IANAL) work in your favour, as you could correctly point out that this would look bad on any real website, and thus did not benefit you (and replace a correctly-licensed image) and was clearly an oversight.

      The defacing would have to be sufficient for the above, whilst not destroying the accuracy of the impression given by the offline preview.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    2. Re:No, your problem was by Dogtanian · · Score: 1
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    3. Re:No, your problem was by thc69 · · Score: 1

      What are you suggesting, that the problem be avoided in the first place? That somebody who is concerned about possibly violating copyrights ought to try to avoid violating copyrights?

      Well, now that you mention it, it does seem like a good idea. I bet it would be easy to filter all images through a program that will automatically watermark them such that the customer sees what they would look like but doesn't accept them the way they are.

      --
      Procrastination -- because good things come to those who wait.
    4. Re:No, your problem was by stubear · · Score: 1

      Most images on stock photo sites, and Corbis is no different, are low quality, making them difficult to use even on the web, and they have a watermark across the image. Some sites, such as Masterfile, allow non-watermarked images to be obtained by people with an account but these are still of sufficiently low quality as to make them useless on the web unless you really don't care about quality at all. There are some exceptions to these rules of course, but for the most part comping images are at the very least low quality.

  19. Use Burningwell.org by Anonymous Coward · · Score: 0

    Why use copyrighted images in the first place? Many free alternatives exist. For example, Burningwell.org offers thousands of public domain images that you can use in your site design, and then use in the final product if the customer likes them.

  20. Send a cheque "in full and final settlement" by Andy_R · · Score: 3, Interesting

    One of the quirks of British law is that if someone accepts a payment "in full and final settlement" then that's the end of the matter. I suggest posting Corbis (not their law firm) a cheque for $800 (but in UK pounds) with an accompanying letter stating what it's for and including the magic phrase "in full and final settlement". If the cheque is cashed, send the lawyers a photocopy of the letter, and tell them your offer of $800 in full and final settlement was accepted and the matter is now closed. If not, it's only cost you the price of an envelope and some stamps.

    Next time, why not use iStockphoto (disclaimer: I sell images there so I'm biased). Their system is to charge a few dollars for images at the comping stage, but this includes the rights to use the images in web pages, so you can't end up in this situation.

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  21. I dont know 'what' now but i know what 'then' by unity100 · · Score: 1

    You, or none of your designer friends, nor any of the designers reading this commend should use Corbis or any affiliated sites & services from now on.

    filing $25.000 for $800 worth material is SHIT, and RIAA behaviour.

    if you designers see the stupidity and bastardly greed in this and choose not to use Corbis, that will give Corbis enough spare time to shove their copyrights up their lawyers' arses.

    1. Re:I dont know 'what' now but i know what 'then' by jamesh · · Score: 2, Insightful

      filing $25.000 for $800 worth material is SHIT, and RIAA behaviour.

      I believe that in Australia a private organisation cannot impose what amounts to a penalty/fine like that, they can only seek to recover the damages. As the quoted poster elegantly put it, $25000 is a stupid amount to try and claim. Given the roots of Australian law, perhaps something similar could apply in your case?

      While all of this is very interesting and educational to discuss, anyone replying to you on slashdot is almost certainly not a lawyer (lawyers are known for their black, black hearts, and are unlikely to be handing out free advice on the internet :). The _only_ legal advice you should take notice of on Slashdot is "Don't listen to any legal advice anyone gives you on slashdot - get a lawyer!" (now there's a paradox!)
    2. Re:I dont know 'what' now but i know what 'then' by unity100 · · Score: 1

      all is well but im not the guy with the issue.

    3. Re:I dont know 'what' now but i know what 'then' by Overzeetop · · Score: 1

      Ahh, but what you are allowed to collect, and what you can claim as damages at this stage is totally irrelevant. There is easily $20-30k in international legal fees to be spend over this $800 (plus maybe treble damages at $2400). You would likely have to go to court to fight that (unreasonable) sum, and even if you win you've spent the money. They're offering to give him the easy way out and just pay all the lawyers fees upfront and be done with it ;-)

      It just so happens that a similar situation occured for my professional website. I got a panniky email from the woman who did my site (~$800 total fee) saying that she had been contacted about some (unintentionally) unlicensed content on my site. I presume she didn't get a $25k letter, though. This was from a CD stock photo product for which she throght she had the rights, but didn't. Anyway, she shot some new photos for the site and sent them to me to replace the infringing content and that was it. I'm not sure what the ultimate outcome was, but I don't think any money changed hands.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    4. Re:I dont know 'what' now but i know what 'then' by westlake · · Score: 1
      You, or none of your designer friends, nor any of the designers reading this commend should use Corbis or any affiliated sites & services from now on.

      You haven't the foggiest notion of where Corbis stands in the world of art and design.

    5. Re:I dont know 'what' now but i know what 'then' by unity100 · · Score: 1

      Did corbis have landed on an alien spacecraft from outer space ?

      Nay.

      People can build better.

      Refer to Linux vs Windows case.

    6. Re:I dont know 'what' now but i know what 'then' by Achromatic1978 · · Score: 1

      Plenty of people can build better. I'm curious, though, are all these models, set designers, lighting equipment, camera gear, film, developing costs, production staff, editors, licensing fees for photography rights in cities/buildings/etc, supposed to not be compensated?

    7. Re:I dont know 'what' now but i know what 'then' by unity100 · · Score: 1

      they gotta adapt to new business models methinks.

    8. Re:I dont know 'what' now but i know what 'then' by Achromatic1978 · · Score: 1
      I'm kinda curious. What exactly is the new business model? "Provide paid support for downloading of images"? "Give images away for free"? Because I'm not seeing what exactly the business model need here is.

      "I want shit for free" is not always a valid retort to people's desire to make money from their work. Again, I'm still curious as to what this supposed business model actually is. Please, enlighten.

    9. Re:I dont know 'what' now but i know what 'then' by unity100 · · Score: 1

      well, there are lots of models that can be used, from paid advertising to subscription service, or just selling tracks people actually want one by one (for music), and much more can be invented. we live in an era of possibilities.

  22. no, you did by theonetruekeebler · · Score: 2, Insightful

    (IANAL)

    You really screwed up when you wrote the letter to their lawyers. It made the problem much, much worse for you, your friend, and her client.
    The little "(IANAL)" basically translates as "I am unqualified to tell you that 'You really screwed up when you wrote the letter to their lawyers.'" You don't know what the letter said. If the letter said, "This was an accident, not the client's intention, nor mine, wires got crossed somewhere, terribly sorry, and I took the offending material down and am taking steps to make sure this never happens again," then he and his client are a lot better off than if the letter said "I stole those images on purpose and the client didn't seem to care. It's obvious that we're in the wrong, have violated numerous laws, and owe your client at least $25,000. Please tell me your legal fees so I can cover those, too. Attached is a full accounting of my company's assets and revenue streams."

    I can tell you're not an attorney because of all the things you didn't notice in the article. The client, not the Asker, is the one who received the shakedown notice. The client is the one with legal trouble and they are the ones in need of an attorney. The Asker may need one too, later, if the client (or anyone else) sends him an invoice, but the Asker hasn't received any threatening letters.

    Based on what I've seen in the past -- as an interested outsider, not as an attorney -- an accused offender swiftly and voluntarily taking steps to remove infringing material is looked on very favorably by the courts. The $25,000 "invoice" is a shakedown by an outside contractor who probably has a semi-automated process that spiders for images then pastes a name in address into a boilerplate demand letter. Maybe in the UK that's a standard opening gambit. The client needs to get his advice from a professional who is qualified to act in the UK, not you or me, although I suspect I'm being more rational and realistic than you. A run-of-the-mill lawyer would probably be happy to advise the client, and even send a letter or two on his behalf, for less than $1000. Of course, if things progress, well, so do fees. One of the first things the client's lawyer will do is look at the letter that Asker send on client's behalf. If he sees it as harmless or positive he will probably send a letter to the shakedown artists (and the copyright holder) saying that the offending material was taken down, that the "invoice" is inappropriate, and the matter is now closed. The attorney will also advise the client on the actual limits of their liability.

    Your gloating suggestion that Asker has "bent over, dropped your pants and decided to forgo any lube" is a fine example of why people should be asking lawyers, not Slashdotters, what to do when they need legal advice.

    --
    This is not my sandwich.
    1. Re:no, you did by DerekLyons · · Score: 1

      The little "(IANAL)" basically translates as "I am unqualified to tell you that 'You really screwed up when you wrote the letter to their lawyers.'" You don't know what the letter said.

      You miss the point. It doesn't matter what the letter said. It never should have been sent - because, as you point out, the bill wasn't sent to him.
       
       

      I can tell you're not an attorney because of all the things you didn't notice in the article. The client, not the Asker, is the one who received the shakedown notice. The client is the one with legal trouble and they are the ones in need of an attorney. The Asker may need one too, later, if the client (or anyone else) sends him an invoice, but the Asker hasn't received any threatening letters.

      I can tell you a not a lawyer, and that you have no experience with business or the law. When the Client contacted the Friend who contacted the Asker - they were tossing the problem into his lap. He needed a lawyer right then, before taking any action - and especially before contacting Corbis or their law firm.
       
       

      Your gloating suggestion that Asker has "bent over, dropped your pants and decided to forgo any lube" is a fine example of why people should be asking lawyers, not Slashdotters, what to do when they need legal advice.

      And your statement is a fine example of ignorance. As soon as the Asker sent any letter to Corbis or their law firm - he was inserting himself into the middle of a potential litigation situation. Which is extraordinarily stupid to do without contacting a lawyer first.
       
       

      I suspect I'm being more rational and realistic than you.

      No, you are being ignorant of the law and legal processes - while taking others to task for doing just that.
    2. Re:no, you did by jeff4747 · · Score: 1

      You don't know what the letter said.

      The poster relayed what he wrote in the letter, so I actually do have some idea what he said in the letter. While the specific content of the letter can make him slightly more or less screwed, he's still screwed because he admitted that he is guilty.


      "This was an accident, not the client's intention, nor mine, wires got crossed somewhere, terribly sorry, and I took the offending material down and am taking steps to make sure this never happens again,"

      Congratulations, you just lost the case. In your hypothetical, "make things better" letter, you just admitted guilt. While the penalties for willful violation are larger, accidental violations are still illegal and punishable. By admitting your responsibility at the very beginning, you've guaranteed that you're going to get sued because it's going to be REALLY easy to nail you. Heck, I could do it, and as I said in my original post, IANAL.


      The client, not the Asker, is the one who received the shakedown notice. The client is the one with legal trouble and they are the ones in need of an attorney

      Wrong.

      Problem #1: The client can easily throw this back on the poster and/or his friend who got him the job. They expected a web site without copyright infringement, and did not receive it. Let's say the poster and his friend manage to avoid getting tangled in the copyright case. When that's done, the client will sue them for the damages caused by the copyright case. Either way, the poster is indeed in trouble.

      Problem #2: Unless the poster and his friend are about to retire, they'd probably like to continue working in their respective fields, and in their current locations. If they hang their customer out to dry when they caused this problem, they won't be in business much longer. So even if you were correct about the legal trouble, the realities of the business world require that the poster covers the client in this matter.


      The $25,000 "invoice" is a shakedown by an outside contractor who probably has a semi-automated process that spiders for images then pastes a name in address into a boilerplate demand letter.

      And that's why he should have kept his damn mouth shut and not sent the letter. The matter would have either gone away with the removal of the images, or the poster would have had to pay the appropriate fee for using the images. By sending the letter, he's now indicated that their boilerplate response has "caught a live one", and they've now got someone from whom they can easily get lots of $$$.


      A run-of-the-mill lawyer would probably be happy to advise the client, and even send a letter or two on his behalf, for less than $1000

      Bingo. Get the lawyer first. Let them send the letter instead of writing your own letter. That's exactly what I was saying the poster should have done. The advice is doubly-important now that he's made the matter worse, in that he needs a lawyer's help to extricate himself from the original problem as well as his response to it.


      Your gloating suggestion that Asker has "bent over, dropped your pants and decided to forgo any lube" is a fine example of why people should be asking lawyers, not Slashdotters, what to do when they need legal advice.

      Yes, because following your fine advice of "screw over the customer" is so much better. Remember, my advice was to get a lawyer and stop trying to do this own his own.

  23. I thought Corbis DID? by RingDev · · Score: 2, Insightful

    It's been a few years since I'ver perused Corbis for images, but I thought they stuck a Corbis watermark on everything that was publicly accessable on their site.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    1. Re:I thought Corbis DID? by foniksonik · · Score: 2, Informative

      Not True.

      Only iStock still has a visible watermark on downloaded comping images for account holders.

      The rest have a specific digital watermark embedded that is not visible. If you do not have an account then Corbis/Getty/Veer do put a visible badge on the image and a digital watermark.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  24. This is where liability insurance comes in by Travoltus · · Score: 2, Insightful

    A business liability form with advertising injury coverage, in particular, would guard the business just in case everything goes wrong.

    Yes, my agents offer this. No, I'm not saying who, because that could reach every state in the Union and that would mean I'm advertising out of state. I'm just saying... get business liability insurance and make sure it has advertising injury coverage. It's usually under "personal injury" and stuff like that.

    Good luck. :)

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
  25. Screw em by AlHunt · · Score: 0

    No, I'm not an attorney. If the cost of the pictures is $800, who the hell are these weasels, coming after you for 25 grand? I say, screw'em. Let those British attorneys find a US attorney and come after you. Or file suit in England. It was an honest mistake and it's been rectified. Furthermore, who uploaded the site? You, or your client?

    Now, you want to do the right thing by your client, fine. I understand that. Offer them a few bucks to go away.

    This is the kind of petulant bullshit that paints all attorneys with tar. Times like this I wish I had a law degree to defend people like you from these vultures.

    Have you made sites for other clients who purchased Cobris pictures? Point them out and let them know how much it's going to cost them in future.

    Good luck.

    --
    1 in 4 Maine children in struggle with hunger.
  26. a word about Corbis by westlake · · Score: 1
    So much time wasted over such an abtract, and mostly useless concept.

    Corbis was founded by Bill Gates in 1989 and archives over 25 million images in a secured - climate controlled - limestone mine in Pennsylvania.

    There are few institutions outside the great national museums that have the resources to do this sort of thing.

    The odds are very good that the source of any historically significant, instantly recognizable, image in print will be in the Corbis collections. The Bettmann Archieve

    1. Re:a word about Corbis by russotto · · Score: 1

      And Corbis, despite court decisions saying otherwise (including, I believe, one in which they were the _defendant_) will claim a copyright on their digital reproductions of those historically significant, instantly recognizable images.

      Screw them.

  27. You're screwed by spiritraveller · · Score: 1

    Copyright law is strict liability. "Oops" is not an excuse.

    You need to reach a reasonable settlement with these people. They have your head on a plate. If you can point to the many other images that you have purchased from them, maybe they will be kind to you.

    But before you do anything else, TALK TO AN ATTORNEY. Pay a couple hundred bucks for a consultation if that's all you have. Bring all of your records and correspondence with you to the meeting.

    Asking slashdot about this is like asking Dr. Phil how to roll your own Linux kernel.

  28. shoplifting in the US by way2trivial · · Score: 1

    many states allow a business to charge convicted shopifters an amount far in excess of the amount stolen, in order to recup their costs in having security monitor the store.

    there are usually limits, but it's always far and aware more than the amount of the merchandise stolen....

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  29. A little late now, but... by Anonymous Coward · · Score: 0

    This is one of a few reasons why you should watermark copyrighted comp images with "COMP COMP COMP COMP COMP COMP" when used this way.

    Also helps when the client says "Yeah, we decided not to go with you guys", webwhacks your entire sample site and sets it up someplace else.

    You'd have an easier time convincing a judge/jury that it was an honest mistake if the watermark was in place on the offending images.

    The big infringement fee when you goof up is a key moneymaker for stock agencies. Did I mention that Corbis is a Microsoft property? Wonder if they can afford an attorney?

  30. Train your clients by Drexus · · Score: 1

    As a seasoned designer, I make a point to note that stock photo is the responsibility of the client. We can find the image that suits the design, but ultimately it is their responsibility to pay for the material. In essence, they have to supply the material. If they do not provide hi-res material to you from the photo vendor, then they have not supplied you the necessary material to complete the job. You can shelve the job until they supply the content, or you can provide them the template design and submit your bill with the instructions that indicate their responsibility.

  31. See a Lawyer . . . by Dausha · · Score: 1

    "One of her clients, for whom I recently designed a site, just received a $25,000 invoice from a law firm in London representing Corbis, who claimed their content was on the client's site."

    First, I'm worried that a UK client was billed in dollars by a UK law firm.

    Second, I'm not schooled on UK law, but in US law, claiming attorney's fees is not the first thing you do. The first step is to C&D the infringer. Anything else is heavy handed and requires contentious court action. This is similar to the recent /. article where the attorney posted the NFL blurb and it was removed: a C&D was sent to YouTube. The C&D allows the infringer to show the appropriate excuse (e.g. fair use, parody).

    Third, how could a UK firm bill that much to send a letter to your client? At least in U.S. law, criminal infringing may result in reasonable attorney's fees. Twenty-five thousand is not reasonable for an initial letter.

    So, your client should see a lawyer to fix the problem. Anything else is like bringing a plastic butter knife to a gun fight.

    However, since you are the cause for the infringing, it is possible for your client to drag you in.

    However, I recommend you put some tag in the filename for these infringing images. Next time you ship a web site, you can filter out those images.

    --
    What those who want activist courts fear is rule by the people.
    1. Re:See a Lawyer . . . by Anonymous Coward · · Score: 0

      As a creator of content that got tired of being constantly ripped of and hearing the pathetic whines of web designers I started filing suit against infringers. My work is my livlihood and for every image stolen and posted on the web,it ends up "out there" and even reused and resold on CD's and puts an image that took alot of time and money to create into the public domain.

      I register all of my images with the US COpyright every 2 weeks. For $45,this legal doc puts me in position to collect $150,000 per infringement plus all legal costs.

      To date I have colllected 2.4 million USD from copyright infringers with all suits settled out of court.

      So, Corbis is letting you off the hook easy for $25,000. You should be more mindful in your work and checked and rechecked before you made a site live with property you had no rights to.

      I don't feel sorry for you. You stle and got caught and now you want sympathy ?
      hahaha-
      lotsa luck

    2. Re:See a Lawyer . . . by Dausha · · Score: 1

      Anonymous Coward has obviously misplaced his reply. The approach he uses is unethical and unprofessional as explained. The first step to claiming fees, as he rightly claims, is to have a validly filed copyright. When an infringer is detected, the appropriate step is to C&D to get the infringer to stop, then pursue for renumeration when infringer is recalcitrant. Just because he profits by extorting infringers does not mean it is the appropriate approach.

      I have a very strict rule against infringement.

      --
      What those who want activist courts fear is rule by the people.
  32. And choose a new provider! by Anonymous Coward · · Score: 0

    While you made a mistake, Corbis is making it too costly. Why do business with them again?

  33. Err... by Xenographic · · Score: 1

    > The little "(IANAL)" basically translates as "I am unqualified to tell you that 'You really screwed up when you wrote the letter to their lawyers.'" You don't know what the letter said. If the letter said, "This was an accident, not the client's intention, nor mine, wires got crossed somewhere, terribly sorry, and I took the offending material down and am taking steps to make sure this never happens again," then he and his client are a lot better off than if the letter said "I stole those images on purpose and the client didn't seem to care. It's obvious that we're in the wrong, have violated numerous laws, and owe your client at least $25,000. Please tell me your legal fees so I can cover those, too. Attached is a full accounting of my company's assets and revenue streams."

    Umm, if you haven't watched SCO vs. IBM, just look at how Darl's statements are sinking SCO. This is why you don't write crazy things like that in a letter, but you get a lawyer. I know it's expensive, but lawyers don't generally respect people representing themselves and that's a sure way to get screwed.

    > I can tell you're not an attorney because of all the things you didn't notice in the article. The client, not the Asker, is the one who received the shakedown notice. The client is the one with legal trouble and they are the ones in need of an attorney. The Asker may need one too, later, if the client (or anyone else) sends him an invoice, but the Asker hasn't received any threatening letters.

    Right, which is why he shouldn't have gotten involved directly like that. Now who knows what sort of liability he's created, admitting to the infringement on their behalf. That's the kind of crap you pay a lawyer to handle.

    Anyhow, GP is right--at least in the US, it's normal to send a C&D letter without monetary demands. Neither of us knows exactly why they're sending $25k demands, but it's probably not a good thing and not an indication that they'll settle this quietly. Which means you need the damn lawyer, not Slashdot. Besides, unless NewYorkCityLawyer comments, pretty much all of us are going to end up saying IANAL, but...

    > Your gloating suggestion that Asker has "bent over, dropped your pants and decided to forgo any lube" is a fine example of why people should be asking lawyers, not Slashdotters, what to do when they need legal advice.

    Agreed, but I don't read that as "gloating" I read that as "Ugh! That was a terrible idea, haven't you read _any_ of the other Ask Slashdot requests for legal advice where there were 800 threads saying GET A LAWYER NOW?"

    As someone in his position, you don't want to hurt your client, which is why you shouldn't take legal matters into your own hands. About the *only* time it might be okay is if they'd sent a polite C&D with no extra demands, then you could say "oops!" let them know you removed the content and go on with life.

    How do I know? I had to do that once upon a time, back in the days of Netscape Navigator 3.2 Gold, when search engines were novel and our stupid little "look at us! we just learned HTML!" personal page hit the top of the rankings.

    1. Re:Err... by budgenator · · Score: 1

      They've probably been reading stories on slashdot abouuut the RIAAa exploits and got envious

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  34. How much infringement actually happened? by The+Rizz · · Score: 1

    General IANAL warning, etc.

    [...] just received a $25,000 invoice from a law firm in London representing Corbis
    I quoted the images in question on the Corbis site and the total would have been about $800.

    The invoice in this case is probably mostly a "scare the hell out of them and get them to settle" sort of thing. Generally, copyright infringement is limited to actual damages + expenses (atty. fees). In this case, it will be $800 (what you would have paid for these images) + attorneys' billable hours + cost of long distance calls (if any - they may have informed their lawyers via email). This is far, far less than $25,000.

    However, your best bet for a defense in this instance is going to come in two ways:
    (1) Show that the damage from the infringement was minimal: Get the website logs of this client's site, and look through it and figure out just how many people have actually viewed the images. Remember to discount the various search engine bots, yourself, your friend, and the client's employees from this count. If nobody else has ever seen an image, then no infringement occurred on that image. If only a few people have seen it, the damage can be considered minimal. While this won't get you completely out of trouble, it can help if you actually go to court (and by extension help any settlement bargaining).
    (2) Show how good a client you have been for Corbis: If you've been a paid subscriber or somesuch for years, and this is the only time this sort of infringement has occurred, you have a decent good-faith defense. Have you ever purchased images from them in the past? How often? If you've got a purchase history with them, this will also help. Once again, this probably won't cause the case to drop completely, but can work in your favor.

    I called Corbis and told their legal department what happened and they told me I would have to deal with the law firm, who handles "all our overseas affairs."

    While their legal department may not handle the overseas affairs, and can do little if anything for you, this is probably because the legal firm is not considered "part of" or "under" Corbis's legal department - i.e. the have no control over what they do. What you need to do is find some way to plead your case to whoever is in charge of their relationship with the legal firm. If you have been a longstanding customer who has made several purchases from them in the past, there's a good chance your best bet would be a call to their marketing/sales department. Explain what has happened to them, tell them how it was an honest mistake you made while trying to sell their photos, and you can probably get some slack cut for you that way - the sales drone will forward the concern to the sales director, who is probably quite willing to call off the lawyers in order to keep a loyal customer.

    In any case, the steps I would suggest you take are: (1) Wait for a response from the law firm for what you already sent. (2) Contact someone at Corbis who actually has some power over the contracted law firm (start with the sales department, and ask who you should talk to if they can't help you). If nothing else, see if it would be possible to purchase the $800 in images now in exchange for them dropping the suit. (3) Talk to the law firm again and tell them what you think is a reasonable settlement for the "limited" amount of infringement that occurred (lowball it a bit in case you need some bargaining room). (4) Compare the amount the (hopefully more reasonable) invoice from the law firm is against how much you think you'd spend on a lawyer + eventual settlement. If lawyer + settlement > invoice, then your path is pretty clear. (5) If nothing else works, you are stuck with the worst case scenario of going to court. Either lawyer up, throw yourself on the mercy of the court, or both. Make sure you've gone through the other channels first (and documented your efforts!), as this will show good faith to the court and can only help with whatever eventual judgment is forthcoming.

    1. Re:How much infringement actually happened? by shark72 · · Score: 1

      "Generally, copyright infringement is limited to actual damages + expenses (atty. fees). In this case, it will be $800 (what you would have paid for these images) + attorneys' billable hours + cost of long distance calls (if any - they may have informed their lawyers via email). This is far, far less than $25,000."

      You're lucky. FWIW, here in the US, statutory damages also apply (S504(c), if anybody's interested). The range is $750 to $30K, per the court's discretion. I believe the maximum statutory damages per case are $150K.

      --
      Sitting in my day care, the art is decopainted.
  35. How do you know the atty represents Corbis? by vandelais · · Score: 2, Interesting

    IANAL, but

    Many attorney letters start,
    "Please be advised, I represent..." without offering proof of their standing.
    At the very least, this gives sufficient response to put the ball back in their court to demonstrate their representation.

    (They should provide you with a corporate resolution of authorized signers and a written release/acknowledgment to the law firm from someone on that list)
    Bonus points to you if what I have seen happen occurs with you--
    They provide a resolution with names and the person's name signing the release isn't even on the f'ing list (very common with bank officers). Dumbass attorneys.

    Delay, delay, delay. Sometimes they just go away.
    If that doesn't work, don't pay, let them turn it over to a collection agency who will be happy to shut the books on it for pennies on the dollar.

    --
    Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
  36. Don't panic... by u38cg · · Score: 1
    First of all, it's important to figure out whose jurisdiction this comes under. If Corbis's terms and conditions are under English (not UK) law, then you do not have too much to worry about. If it's under US law, then you need to talk to your lawyers and most likely it is out of your hands. You've shown good faith in your actions so far, so I don't think you have too much to fear.

    If it does come under UK law, which is most likely, then any lawsuit is unlikely. The reason is that UK courts will only award actual damages, plus expenses. So if the price of these images was for a permanent non-exclusive licence, then you are talking about paying damages for a 12 month term, which should be something like 8% of that figure at most, so you're talking $60 plus expenses. Hahaha. I can only assume that Corbis has instructed this firm to chase up all overseas infringement, and they're doing it in the most spectacular way they can (as lawyers tend to do). If this case did come before a British judge, I suspect he would be pretty pissed that they had not settled, given your willingness to co-operate.

    --
    [FUCK BETA]
  37. If you're short of content for your site by thewils · · Score: 1

    There's lots of things you can do without using copyrighted content.

    For example, you can just use the alt tags of a non-existent or spacer image to convey the meaning of the photo you intend to replace it with. One fun way is to use an image so obtuse that no-one in their right mind would allow it's use on a live site - the copyrighted image would easily slip some people's mind to change since it looks OK the client will put it out of mind to change, so use a non-copyrighted image that sticks out as having nothing to do with the site - a photo of your cat, or your toilet, perhaps.

    This serves as a placeholder, but also every time the client looks at your site, they will be reminded that

    a) there's no way the site can go live until that image is replaced and
    b) they really must get the correct content to you so they don't have to look at that damn image any more

    --
    Once I was a four stone apology. Now I am two separate gorillas.
  38. Next time use the Wikicommons instead of Corbis by Anonymous Coward · · Score: 0

    The Wikimedia Commons is a source of free (as in freedom) images. 1,279,467 categorised media files, perfectly suited to mocking up websites. If the client isn't happy with images from the Commons, then they can go and buy something from Corbis.

  39. Corbis = Bill Gates by Anonymous Coward · · Score: 0

    Corbis was founded and owned by Bill Gates as a private company. Expect as much mercy as you might get from Micro$oft.

  40. Well then the obvious answer... by TBone · · Score: 1

    ...is to use your account for perusal, buying, etc etc etc, and use a browser/profile with no account on Corbis to actually download the for-public-consumption images. The visible watermarking is already done for you.

    The other option would be to just mogrify(1) the entire image directory to overlay your watermark on everything on the mockup.

    --

    This space for rent. Call 1-800-STEAK4U

  41. MOD PARENT UP by Anonymous Coward · · Score: 0

    Wise words you've spoken. I hope asker is listening!

  42. Re:Lawyers JUSTICE over the pond by Bob_Who · · Score: 1

    In the US Justice is blindfolded. In the UK Justice sees the scales. In Scotland, Justice is a burley dude wearing a plaid dress. In matters spanning the pond, let us reflect...What would George and Tony do? If Corbis won't bug off, then invade Bagdad.