Infringing Photos on your Website - Getting Caught!

If you get someone else to post content directly to your blog or website, it will save your time and potentially stop your readers from being bored to death. Until a lawyer’s letter arrives, accusing you of infringing copyright. It turns out that the other person also wanted to save their time by using someone else’s work that they found on the internet.

Although you did not put up the infringing material, the allegation is that you authorised the infringement.  Now, there are many legally intriguing replies to this allegation, but the cheapest response is to take it down immediately.

Lawyer’s letters do not usually stop there. They want money. Over $1,000.00 for a photograph is not unusual. 

If you have seen the film Dirty Harry, you will know the question to ask yourself. “Are you feeling lucky?” If so, do nothing and hope the lawyer goes away after a couple of reminders. If not, or if you have a reputation to protect, then see your lawyer.

Your lawyer will tell you “authorising” is to “sanction, condone, or countenance” the infringement which, although unhelpfully vague, sure sounds great.

The court will look at:

(1) Your power to prevent the infringement;
(2) The nature of the relationship;
(3) Whether or not you took any reasonable steps to prevent or avoid the infringement.

In one main case, a library installed a photocopier, but did not monitor use or even warn users that copying books without permission with say, a photocopier, was a copyright infringement.

Your lawyer will want to argue that you:

1. Took the photo down on receiving the complaint;
2. Regularly monitor for such infringements;
3. Have a policy/contractual term prohibiting such conduct.

I warn you that copyright law may seem dull, but lawyers find it fascinating. Or is that just me? 

 

Easy IP© Paul Brennan 2017. All rights reserved.

Paul Brennan's practice includes online law and he is also the author of  Easy IP - How to use the law to protect your money-making ideas. A book and DVD.

Sponsored by Brennans Solicitors

Brennan law

 

 

 
 

Paul Brennan, lawyer

sponsored by Brennans solicitors - a Queensland, Australia law firm - Individual Liability limited by a scheme approved under professional standards legislation.
ABN 60 583 357 067
email: info@brennanlaw.com.au

Please see the copyright notice and legal disclaimer