So you are a business person – not a common criminal. But you downloaded pictures from the internet and used them on your website, or maybe your social media postings. Maybe you don’t remember doing it because it happened years ago – but it just now became an issue.
How did they catch you? Very often, these companies embed codes into their pictures. Then they scan the internet with robots, looking for their image codes. When they find you, it’s pretty easy to find your contact information and come after you. If you used images from a company called Getty Images, you may be vulnerable. They have been known for scanning the internet and enforcing copyright violations.
From the governments copyright website:
501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be.
(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright.
This is not likely to be a criminal action. However, you should not ignore it. Technically, every time a person views your website if you have their image, a copyright violation occurs. Technically, you could be exposed for hundreds of violations, with a dollar amount specified by law for each violation.
Typically, the company issues a complaint to the violator with a demand for payment. Typically the amount is between $2,000 and $10,000 for a single violation. Usually an attorney is able to negotiate a more reasonable settlement. If the dollar amount is significant, call an attorney for advice as soon as possible.
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.