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Image Copyright Infringement and Enforcement

Image Copyright Infringement and Enforcement on the Internet may be more important to you than you thought. Copyright enforcement is far more advanced and prevalent than in years past. Companies managing the rights of image owners have technology and copyright laws on their side. They use software to scan thousands of Web pages looking for copyright infringement, and the software is better than ever before. It can recognize unlicensed images and alert rights managers to unauthorized use. If you are caught, it will cost you big.

In this edition of our newsletter we will address the importance of keeping your image licenses and avoiding a copyright infringement claim for the illegal use of images on your Website. We will also help you know what to do if you are in doubt.

Did you break copyright law?

by Mark Aaron Murnahan (blog)

This topic came up recently when I received a call asking for my knowledge in the area of image copyright. The caller had just received a letter and a phone call from a well known company that manages and enforces the rights of image owners. They demanded immediate payment, claiming the unlicensed use of copyrighted images. Like many people, he did not really know where to turn, and he never thought he had done anything wrong. He hired a Web developer to produce the Website, and never gave much thought to the graphics on the site or whether he should have kept a license agreement and receipt on file as proof of the right to use the images. Now he is scrambling to get his hands on documentation of his rights to use the images.

Where did your graphics originate?

There are many people who believe that since they found the image on Google Images or on some other Website, the image is free for the taking. This is very seldom the case, and you do not want to find out the hard way. A lot of people will remember the big lawsuits over music copyright infringement that cost Napster and others millions of dollars. Now that the technology is catching up images may be the next wave.

Who is responsible for copyright infringement?

Obviously, the first question is "who pays for this?" The answer is "whomever owns the Website". This may come as a shock to many people, but it is something to be considered whenever you interview a Web developer or hire a graphic design firm. Whether it is a completely custom Website, or a pre-designed template, it is the responsibility of the Website owner to know whether they have the legal right to display the images. In the case of my caller, the copyright infringement claim was for many times what he paid for the Website development.

Is your Website safe?

This question may not be comfortable for a lot of people. Some people will assume that they will never be caught, but the odds are changing. Copyright enforcement is a huge industry, and technology is making it easier with the use of software scanning millions of images to find the ones it can recognize. The software used to enforce copyright infringement in images is more advanced than ever before, and it is not just looking for whole images. You can modify the image, rename it, make it a different color, and change it up completely, but it can still be found, and you can still be liable. The risk of using copyrighted images without proof of license is a gamble. You may not be caught, but if you do it will likely be very costly.

What if you just remove the copyrighted images?

Removing the images will not release you from liability to the copyright owner. If you are in doubt, it is best to rework the Website and replace the illegal images with new licensed graphics before you get a letter from an attorney. That letter is about the last thing you want showing up in your mailbox. It will be stressful, and costly. The odds are high that if you do not pay up you will be sued, and you will likely lose.

Web Developers and Image Copyright

If you ever wondered why there is such a big disparity in the cost of Website development, image copyright is one of a long list of reasons. Having been in the industry for a decade, I have seen a lot of Website developers come and go. There are relatively very few Website development firms that really understand what it means to do the job right, and understand copyright issues. When your site is complete, the developer should provide you with all relevant documents. This includes image licenses, software licenses, domain registration agreements, Web hosting terms of service, and copyright release.

Who can help with this?

If you are unsure about image copyright issues, it is best to remove the doubt. The seriousness of this is measured in dollars and cents. It will often be much less costly to hire a professional Web development firm to rework your Website with new properly licensed images than to face a copyright infringement claim. YourNew.com can help. Contact YourNew.com 24 hours at 877-898-9500 and let us help you remove all doubts.

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