A warning to anyone having a website built for them....

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kylieb

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I am so hacked off right now! As some of you know I had a website made for me a good few months back now.
I have received a letter fom the solicitors stating that i have to pay £1098.25 to corbis images, as I do not have a licence to display the picture that the web designer had put on my site.
I have been in contact with the solicitor and appologised as I really had no idea!!!! I have have taken the picture off my site but they still say I am liable to pay these charges. It isnt ME that has actually broken the law though, but apparently that doesnt matter :irked:

I am going to seek legal advise, however I just thought I would warn you all to be very careful.

Has this happened to anyone else?I'm in much need of some advice right now :mad:

xxxx
 
Oh Kylieb you poor thing!
I def remember there being a post about this a few yrs back. Another geek had exactly the same thing! Your website designer should have sorthed all that for you, without doubt!
Have a search on here as there was def something. :hug:
 
Oh Kylieb you poor thing!
I def remember there being a post about this a few yrs back. Another geek had exactly the same thing! Your website designer should have sorthed all that for you, without doubt!
Have a search on here as there was def something. :hug:

Cabinkel thank you huni, I shall have a look xxx
 
Yes, another geek had this happen to them last week! She has got a solicitors called Limeone to write to the solicitors in London to contest the charge.

To be honest, I consider these demands to be legalised extortion myself though.

But it's certainly made me ultra-paranoid about copyright issues at my end, and I'm being very careful that any purchase of stock images for use on any of my websites is documented and audited, should this ever happen to one of my clients.

Incidentally, Corbis images reportedly use a company called PicScout in Israel who run some automated web crawler software that trawls the Web looking for "unlicensed" images (apparently they get a fee for every image that they find that Corbis et al successfully collect the big bucks for). Consequently, I have taken the (somewhat paranoid) step of blocking certain Israeli IP addresses (reportedly used by PicScout) on my firewall - as far as I'm concerned, why should they be stealing my bandwidth to sneak on images on my server?

But hearing about you and this other geek has certainly opened my eyes to potential copyright issues - and I'm taking a very paranoid approach at my end, despite already being covered by my professional indemnity insurance against such claims...
 
Ruth thank you very much! I dont know what will happen now. I really dont see why I should be made to pay this and over 1k!!! what planet do they live on?
xxx
 
Here's another site concerning this issue... The Getty Images Settlement Demand Letter: Reporting on the Extortion Letter Scheme

Definitely worth reading up on the legal side of things, especially with respect to UK law. As I remember reading that any damages for copyright infringement have to be in proportion with the level of infringement that has taken place - and over a grand for an image on a web site owned by a small business does seem rather excessive to my mind - so it's questionable as to whether their demands would stand up in court - best checking with a solicitor though, as my degree was in chemistry, not law!
 
Oh great!! Im worried now! Ive purchased some images from istock and although my website isnt up and running yet Im not very good at all this stuff!!
 
Here's another site concerning this issue... The Getty Images Settlement Demand Letter: Reporting on the Extortion Letter Scheme

Definitely worth reading up on the legal side of things, especially with respect to UK law. As I remember reading that any damages for copyright infringement have to be in proportion with the level of infringement that has taken place - and over a grand for an image on a web site owned by a small business does seem rather excessive to my mind - so it's questionable as to whether their demands would stand up in court - best checking with a solicitor though, as my degree was in chemistry, not law!

Ruth thank you sooooooo much :hug: I have emailed Limeone to see what they recommend I do. I shall keep you posted chick. Thank you xxx
 
Oh great!! Im worried now! Ive purchased some images from istock and although my website isnt up and running yet Im not very good at all this stuff!!

You should be fine if you keep the receipt from istockphoto.com as this will be proof that you purchased the images. Am a bit miffed that I recommended them now (a couple of people I did sites for purchased images from them back in August and early September) and I only found out about the dodgy tactics of PicScout et al last week! Makes me want to start up my own stock photo company that isn't evil!
 
Ruth thank you sooooooo much :hug: I have emailed Limeone to see what they recommend I do. I shall keep you posted chick. Thank you xxx

Cool, I hope they can help! Am shocked that you've been targeted too though - it sounds to me like they're probably down on sales what with the recession and so are targeting small businesses with legal scares to see what they can screw people for...
 
You should be fine if you keep the receipt from istockphoto.com as this will be proof that you purchased the images. Am a bit miffed that I recommended them now (a couple of people I did sites for purchased images from them back in August and early September) and I only found out about the dodgy tactics of PicScout et al last week! Makes me want to start up my own stock photo company that isn't evil!


Ive seen a lot of websites with photos I have seen on istock!! So hopefully I will be ok. I have kept my receipts of purchase also!
 
Ive seen a lot of websites with photos I have seen on istock!! So hopefully I will be ok. I have kept my receipts of purchase also!

Yep - show them the receipts and they won't have a leg to stand on!!!
 
Ive seen a lot of websites with photos I have seen on istock!! So hopefully I will be ok. I have kept my receipts of purchase also!

I have my new pic from i stock too. I will defo be keeping the reciept now lol xxx
 
iStock pics are legal and fine but print off your recipt and file it away. xxx
 
Unfortunately it is your responsible to ensure images used on your website do not infringe copyright.

Sorry to hear your web designer was not diligent. I am surprised because when i had work done for me I was charged for the purchase of the images.

If you search through some forums on the internet you will find it is hard for these companies to actually fine you.

You can respond by asking them to prove that they own the image. How do you know that their claim to copyright is authentic?
 
Ok im going to be a bit dim here.....but how do you know what you can and cant use...

For example if you go to google images and use a pic from there how do you know if you can or cant???
 
As Curly Bamboo has said, it is ultimately your responsibility to check that images and logos used on your website are copyright and royalty free and not use of somebody elses work.

If a website was designed for me which used images with which I was not familiar, I would want to know from where and how they were obtained. Actually Ruth and I had this conversation just last week. For example, the image on my home page and facials page are copyright Germaine De Capuccini images which I am allowed to use royalty free because I trained with the UK distributers and use their products.

Those images were sent to me on a disc for use on my website and other promotional material. If I stopped using their products, I would have to delete those images from my site.

Another example is the stock of images in my make-up gallery. They are my own work make-up wise and photographic except for the first 3 images for which I did the make-up, but had to purchase the right to use the photographs on my website as they were taken by a professional photographer who owned the royalty to the images. I own them now.

Kylieb, understandably it is very distressing when this happens :hug: but as Ruth said, and I do agree, it is just bl**dy greedy and extortionate to ask for that amount of money. Personally, if I ever found my work on somebody elses website or public material, I would contact them via email or in writing (so that it is documented) and ask and give them xxx amount of time to remove the image before proceeding with legal action.

You have received some great advice on your thread. Good luck hun and please let us know how things proceed. I really hope it goes in your favour because I honestly don't believe you would deliberately try to deceive and copy. I just think this needs to be something peeps really need to give serious thought to when setting up websites or having websites designed for them. x
 
Ok im going to be a bit dim here.....but how do you know what you can and cant use...

For example if you go to google images and use a pic from there how do you know if you can or cant???

Look at the web address under the image and it gives an indication. I found what I thought was a gorgeous image incorporating the Germaine De Capuccini Logo, but it came from what looked to be a private salon who had probably had it designed for them. It was not an official Germaine image and I have since ceased considered using it.
 
Ok im going to be a bit dim here.....but how do you know what you can and cant use...

For example if you go to google images and use a pic from there how do you know if you can or cant???

It's safest to assume that you can't use a pic from a Google Image search. Google Images just crawls the Web for images on web sites, and will add any images that it finds to its database (provided that the website hasn't told Google not to index any images on there, e.g. by means of the "robots.txt" file which is used to tell search engines what they should and shouldn't index on a particular web site).

Now the problem that people have been having is that their web designers have allegedly been using unlicensed images that are owned by a company called Corbis, which is an American stock photo company owned by Bill Gates. Corbis uses a company in Israel called PicScout to trawl the Web looking for images on web sites, and report unauthorised uses of their images. When PicScout finds such an image, Corbis then instruct their lawyers to write to the owner of the web site in question, demanding payment of a fee for retrospective use of the image on the web site (usually several times more than the image would have cost if they had purchased a proper license to use it in the first place). Getty Images (who own istockphoto.com amongst other stock photo web sites) also use PicScout, and have been known to demand similar sums for unlicensed use of their images.

The problem is that you don't always know the copyright status of an image if you find it on a Google Image search. If it's on somebody else's web site, then it might be one of their own images, but it might be one owned by a company like Corbis or Getty. Either way, using the images without permission would be a breach of copyright, and you'd be playing a game of Russian roulette as to whether it's a Corbis or Getty image, and subsequently found by PicScout.

The safest thing to do would be to legitimately purchase an image for use on your site, e.g. from istockphoto.com or whoever, making sure that you archive the receipt somewhere safe in case you get one of those extortion letters in the future (in which case just send them a photocopy of the receipt and tell them to stop harrassing you as you've legitimately purchased the image). Or use an image that is definitely in the "public domain", or issued under a suitable "Creative Commons" licence that allows you to use the image on your web site - visit Creative Commons for more info on Creative Commons. Or just take an image yourself using your own camera, or, if it's for a logo or graphics for your website, design them yourself or get a reputable graphic designer to design them for you.

It's a shame that there's such a lot of "spammigation" (spam litigation) going on at the moment taking advantage of people's ignorance over copyright and demanding large sums of money - so my advice if you end up getting one of these letters is to contact a solicitor (e.g. Limeone is one that I have heard of geeks using in the past in a similar situation) as it could well be cheaper to pay for a solicitor to deal with the issue than for you to pay the fee demanded in the letter from Corbis or Getty.
 

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