What is my liability regarding an unintentional infringement of a copyright?
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What is my liability regarding an unintentional infringement of a copyright?
I am a professional pet sitter. I had a friend of mine make my website several years ago. I received a letter from getty images today wanting $875 for using a picture of theirs on my wesite. I would of never knowingly done this. I never received a cease and decist letter from them, this is the first i found out and I had my web hosting company remove image immediately.
Asked on May 2, 2013 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
In addition to having to remove the infringing image, you could potentially be sued to recover either 1) the reasonable cost to have licensed the image (e.g. the $875) or 2) your profit directly traceable to having used the image illegally. If sued--if they have to file a lawsuit--they may be able to recover court costs and possibly legal fees, too.
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