Where do you get the pictures you use online?

Like most people, do you simply do a Google Search to find something that matches what you’re looking for?  Another really common practice is to just use clipart.

Unfortunately, just because you can find it online doesn’t mean it’s free to use.

There is a growing trend for artists and image copyright holders to send out letters of demand to people using their images.  If you read forums you’ll find that there are people who think this is a scam and unfair. To give you some context, if artists gave away all of their work for free, they would starve and there would be a lot less high quality images for you to use. Copyright law came about for the purpose of protecting the livelihood of creative people and to make it worthwhile for them to continue to produce creative works for the rest of us to use or appreciate and enjoy.

Claims for payment for use of copyright images are not often scams.

When a copyright owner starts to lose income from their work, they have the right to chase up people who are breaching their rights. Copyright is a bundle of rights rather than just one thing and can be breached in a variety of ways. Copying, distributing, republishing, changing, adapting and translating can all be breaches of copyright. If you are in breach, there is a chance that you will receive a letter of demand.

Letters of demand vary depending upon whether they are a form letter, such as those sent out by Dun & Bradstreet on behalf of Getty’s images, or a letter specifically sent out by a legal firm on behalf of their client. We’ve worked with all sorts.

A letter of demand for breach of copyright will usually cover the following:

·         it has been found that you are using the image on your website “for online promotional purposes”

·         the writer is the artist or is authorised to represent the artist or distributor

·         the artist or distributor holds copyright in the work

·         the writer has been unable to verify that you have permission or are licenced to use the image

·         you are requested to immediately remove the image

·         you are asked to pay a licence fee

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