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The Almighty Buck Government The Courts

Violated Copyright Law — Now What? 112

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."
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Violated Copyright Law — Now What?

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  • duck and cover?


    or perhaps bite the pillow
    • 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.
    • 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. :)
  • Lawyer (Score:5, Insightful)

    by nbehary ( 140745 ) on Saturday March 24, 2007 @02:55AM (#18468601)
    The little () about consultation is your answer. You need to talk to a lawyer.
    • Re:Lawyer (Score:4, Informative)

      by cliffski ( 65094 ) on Saturday March 24, 2007 @06:13AM (#18469259) Homepage
      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.
      • Re: (Score:3, Insightful)

        by Entrope ( 68843 )
        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 poss
        • by rtb61 ( 674572 )
          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

      • Re:Lawyer (Score:4, Interesting)

        by ScrewMaster ( 602015 ) on Saturday March 24, 2007 @06:32PM (#18473921)
        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.
    • Re:Lawyer (Score:4, Informative)

      by Simon Brooke ( 45012 ) * <stillyet@googlemail.com> on Saturday March 24, 2007 @09:10AM (#18469865) Homepage Journal

      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.

      • 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.
    • by GWBasic ( 900357 )

      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.

  • Your problem was (Score:3, Interesting)

    by Anonymous Coward on Saturday March 24, 2007 @02:56AM (#18468605)
    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.
    • This is great info. Please mod the parent AC post up. :-)
    • 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..
      • Re: (Score:1, Informative)

        by Anonymous Coward
        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 ha
        • Re: (Score:2, 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*.
          • 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.
    • by Anonymous Coward on Saturday March 24, 2007 @03:51AM (#18468885)

      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.
    • by KlaymenDK ( 713149 ) on Saturday March 24, 2007 @05:11AM (#18469109) Journal
      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.
      • Re: (Score:3, Insightful)

        by Dogtanian ( 588974 )
        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 h
        • Hang on, looks like someone already had a similar idea. [slashdot.org]
        • by stubear ( 130454 )
          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
      • by thc69 ( 98798 )
        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.
    • Re:Your problem was (Score:5, Interesting)

      by Tim C ( 15259 ) on Saturday March 24, 2007 @05:14AM (#18469125)
      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.
    • 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.

      "Reas
      • by Simon Brooke ( 45012 ) * <stillyet@googlemail.com> on Saturday March 24, 2007 @09:26AM (#18469917) Homepage Journal

        "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 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 (especi
        • by jjon ( 555854 )

          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 u

          • by Selanit ( 192811 )

            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.

    • 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 l

  • hmmm (Score:3, Funny)

    by Anonymous Coward on Saturday March 24, 2007 @03:13AM (#18468675)
    Lock the door. And hope they don't have blasters.
  • 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.
    • Yup, first thing I thought of when I read the writeup.

      Put "SAMPLE" or something over every photo as a watermark. End of problem.
    • by RingDev ( 879105 )
      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
      • Re: (Score:3, Informative)

        by foniksonik ( 573572 )
        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.
        • ...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.

  • Umm, hang on (Score:3, Interesting)

    by Psychotria ( 953670 ) on Saturday March 24, 2007 @03:31AM (#18468793)
    Other photo houses (Getty) send out cease and desist letter and it's done

    How do you know this? It happens often?
    • 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 thin
  • by maggard ( 5579 ) <michael@michaelmaggard.com> on Saturday March 24, 2007 @03:37AM (#18468827) Homepage Journal

    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.
  • IANAL... (Score:4, Informative)

    by Robotech_Master ( 14247 ) * on Saturday March 24, 2007 @03:37AM (#18468831) Homepage Journal
    ...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.
    • Re: (Score:1, Interesting)

      by Anonymous Coward
      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 p
  • 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.)
    • 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.
  • by jeff4747 ( 256583 ) on Saturday March 24, 2007 @04:43AM (#18469025)
    (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.
    • no, you did (Score:3, 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 purpo

      • > 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 pur
      • 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 n

      • 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,"

        Congratulati

  • IANAL (Score:5, Informative)

    by julesh ( 229690 ) on Saturday March 24, 2007 @05:11AM (#18469107)
    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.
    • by julesh ( 229690 )
      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!
    • 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 coul
      • 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."
  • by Andy_R ( 114137 ) on Saturday March 24, 2007 @06:58AM (#18469411) Homepage Journal
    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.
  • 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.
    • Re: (Score:3, Insightful)

      by jamesh ( 87723 )

      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

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

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

        Nay.

        People can build better.

        Refer to Linux vs Windows case.
        • 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?
          • they gotta adapt to new business models methinks.
            • 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.

              • 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.
  • 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 a
    • 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....

  • 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
  • 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
  • "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 recen
  • 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
    • by shark72 ( 702619 )

      "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 dama

  • by vandelais ( 164490 ) on Saturday March 24, 2007 @06:43PM (#18474011)
    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.
  • 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 aw

  • 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

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