Infringment of photographic copyright

[Mercury]

What is the name of your state? NY
I received an email from an attorney representing a photographer whose photo was on my LLCs website. It was stupid of me not to verify the photo myself, but I didn't and they want $5000.00 from me. My business is in the red and I don't have any money. I immediately removed all the photos from my site until I can verify them all, and emailed an apology if I, in fact, did use a copywritten photo. What should I do?
Thank you!

 

[justalayman]

Where did you get the image?

 

[Mercury]

I had guy help set my site and he got it on the web somewhere. He has since disappeared with much of what I paid him, so I guess I will never really know for sure...

 

[quincy]

You can try to settle with the copyright owner (once confirming copyright) for less than the amount demanded.

If the photo is one that is licensed, the typical license fee is what is generally demanded, although if the photo is federally registered, the copyright holder potentially could claim up to $30,000 in statutory damages (statutory damages are between $750 to $30,000 per infringed work).

If your infringement was unintentional and innocent, on the other hand, a court could at its discretion award as little as $200 to the copyright holder, this if the matter winds up in court (which it probably won't).

There is, in other words, room for you to negotiate with the copyright holder. But, again, you want to verify copyright ownership before paying anything.

Then you potentially could go after your web designer for reimbursement of whatever you wind up paying the copyright holder.

Good luck.

 

[Mercury]

Thank you!! Could they sue me personally, even though I have an LLC?

 

[quincy]

Thank you!! Could they sue me personally, even though I have an LLC?

Possibly. For that answer, you should have an attorney in your area review your LLC setup.

Good luck.

 

[Zigner]

Thank you!! Could they sue me personally, even though I have an LLC?

Quite likely, yes. You would then have to defend against it, and, even if you are able to successfully prove that you aren't personally liable, the defense can oftentimes cost much more than the forthcoming settlement demand.

 

[quincy]

I agree with Zigner that working for a swift and simple settlement is often the best course of action.