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9/22/2017 12:11:25 AM
Posted: 1/30/2006 1:31:30 PM EDT
Well, I HAD a photo on my website that we bought for a catalog. I didn't know we could only use it for that one catalog printing. We used the photo on the homepage for a short time.

We created a new homepage about a year ago, but we never bothered to delete the old page from the server. Apparently the folks that own the photo somehow found it on the server, and now the lawyers want $900 or "else".

We didn't even know the photo was still on the server, and we deleted the old homepage from the server the day the lawfirm contacted us.

Am I responsible for this? It was hosted on another company's server.

Thanks,

Roy

Link Posted: 1/30/2006 1:36:55 PM EDT
You friends w/ any lawyers that could maybe give you some advice on this?
Link Posted: 1/30/2006 1:37:54 PM EDT
[Last Edit: 1/30/2006 1:38:53 PM EDT by dolanp]
Ignore them until they actually do sue you. Then contact a lawyer. They probably want to see if they can make a quick buck.

I doubt they have a case because really I think they are supposed to give you a cease & desist letter before getting compensation from copyright infringement (if that is the case). I may be wrong, IANAL.
Link Posted: 1/30/2006 1:38:14 PM EDT
Do you have a copy of the liscense that you agreed to when you bought the photo?
Link Posted: 1/30/2006 1:39:14 PM EDT
[Last Edit: 1/30/2006 1:40:15 PM EDT by dread-pirate]
You need to talk to a lawyer. Chances are they are just trying to scare you to payup. If they meet legal resistance they will probably drop the whole thing.

ETA: I also think they need to give you a cease and desist and then give you a certain amount of time to either challange it or comply.
Link Posted: 1/30/2006 1:50:48 PM EDT
I have no idea where the original photo contract is. We used the photo for a catalog cover about four years ago. My wife had a copy on her old drive, and I put it on the homepage.

Thanks everyone for responding.

Roy
Link Posted: 1/30/2006 2:00:06 PM EDT
Stick it in thier pooper and post a pic...yours of course...it just seemed....right... An oldie but goodie.
Link Posted: 1/30/2006 2:02:54 PM EDT
[Last Edit: 1/30/2006 2:03:12 PM EDT by JB69]

Originally Posted By dolanp:
Ignore them until they actually do sue you. Then contact a lawyer. They probably want to see if they can make a quick buck.

I doubt they have a case because really I think they are supposed to give you a cease & desist letter before getting compensation from copyright infringement (if that is the case). I may be wrong, IANAL.




This is absolutely correct.

A cease and desist demand must be sent you, before any suit can be filed. There IS no 'crime' if you comply with their demand and remove the image from your accessable pages, etc.

A good friend back home is a well established patent, copyright and trademark attorney.... Unless they can prove you've continued to use the image improperly AFTER you've received the C&D letter, they have absolutely no basis for any suit and are fishing for you to offer something to them, to 'resolve' it, most likely. ie. the 900 bucks mentioned for the additional usage fee.


Take it out of circulation and tell them to blow it out their collective asses.....


Link Posted: 1/30/2006 2:06:54 PM EDT
Link Posted: 1/30/2006 2:12:53 PM EDT

Originally Posted By JB69:

Originally Posted By dolanp:
Ignore them until they actually do sue you. Then contact a lawyer. They probably want to see if they can make a quick buck.

I doubt they have a case because really I think they are supposed to give you a cease & desist letter before getting compensation from copyright infringement (if that is the case). I may be wrong, IANAL.




This is absolutely correct.

A cease and desist demand must be sent you, before any suit can be filed. There IS no 'crime' if you comply with their demand and remove the image from your accessable pages, etc.

A good friend back home is a well established patent, copyright and trademark attorney.... Unless they can prove you've continued to use the image improperly AFTER you've received the C&D letter, they have absolutely no basis for any suit and are fishing for you to offer something to them, to 'resolve' it, most likely. ie. the 900 bucks mentioned for the additional usage fee.


Take it out of circulation and tell them to blow it out their collective asses.....





You folks made my crummy day a lot better. Thanks

Roy
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