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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."
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."
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
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.
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.