Just because the image is online doesn't make it free to use or profit from.
Educate yourself...
Assume all images are copyright protected and you can avoid being in a copyright lawsuit.
Just because the image is online doesn't make it free to use or profit from.
Educate yourself...
Assume all images are copyright protected and you can avoid being in a copyright lawsuit.
Just because the image is online doesn't make it free to use or profit from.
Educate yourself...
Assume all images are copyright protected and you can avoid being in a copyright lawsuit.
Have you been caught using unauthorized images?
This page
will help you understand what you can expect from our members.
===================
If I just remove the image after I'm contacted, that's all I'm required to do.
No, that's not true. Removing
an image isn't enough to keep you out of trouble.
The artisan may seek to protect his or her copyrights against unauthorized use
by
filing a civil lawsuit in court.
In cases of
willful infringement for profit, the
U.S. Attorney may initiate a criminal
investigation.
===================
Was your image removed by your host with a DMCA Notice?
Then the artisan has taken their first step towards legal pursuit to damages.
The
Digital Millennium Copyright Act requires hosts to comply with artisans
demands for removal
of
protected copyrighted works and once they are removed, if you place that
image online again,
your
host will pull your website from the Internet.
===================
What happens now, am I going to be sued?
Most
artisans will contact you requesting information about your sales of their
work. Be honest,
remember
that the artist can get the correct amount of sales in court, so save
yourself some
attorneys
fees and be cooperative, it's the right thing to do. Remember, you are the one
who
has taken
protected works of art, and the artisan is going to collect what they are
due.
Most
artisans are willing to cooperate with you and settle the infringement
quickly.
It's
important to realize that the artisans are not trying to put you out of
business,
they
are only collecting money that was taken from their protected works.
===================
It's a common mistake to
think that unless you have taken an image from a corporation like Disney
for
example, that you won't have to pay damages when an artist finds that you
are using their art.
Claims
of "I thought it was public domain" is the most often excuse
that artisans hear.
So, what does this mean? It
means that this is a very wrong assumption! If
you have been approached by one of our members about copyright infringement What
can "you" who infringes upon someone's copyright expect to pay?
If you settle out of court,
you will pay actual damages to the artisan. Sound steep? It's
not, when you consider that you could easily pay 150,000 for your unauthorized
use The typical outcome can be over 250,000 for that one
infringement. And if
the artisan has proof that you have infringed upon other artisans, that
evidence can be used if you
decide not to pay, when an artisans serves you with damages, you may be
making the biggest mistake of your life.
===================
What happens if you were just
hosting a site and one of your clients has been caught WHY?
Because as a mall owner, you are actual owner of the site, and you Remember,
a site owner is responsible for site contents. ===================
Artists
have the law behind them, and no matter how small the artist is,
they
have the law and the resources now to collect on damages of
their copyright
infringements.
Members
of the Equine Arts Protection League have many resources at
our disposal
our members
use these
resources or their own attorneys to collect damages.
it's
in your best interest to cooperate and try to settle your infringement.
WHY?
Because
this league has already gathered every amount of evidence that we need to
take
you and your company to court and win a statutory damages lawsuit.
For
example, if you sold their unauthorized work for 20.00 each @ 30 sales,
your profit was 600.00
However,
you didn't have a license to sell that item, and each artisan has their
own licensing fee.
If that artisans licensing
fee is 200.00 then you can expect the damages to be 6,000.00 for your unauthorized
use.
plus all
attorneys fees for yourself and the artisans attorneys as well.
Under US copyright law,
copyright
protected work that is presented in court is always awarded actual damages,
statutory damages,
and all attorneys fees for both sides.
in
court and the judge may sentence jail time as well as the monetary
awards.
and
their image removed from your site with a DMCA Notice?
Online malls are very popular, and
yes you are liable for
copyright damages by hosting that stolen image.
are
responsible for the content of that site. If you have a contract
with your vendors,
that
makes them liable for any damages sought against you, then you can sue
them for placing
copyright
protected images on your site. Breech of contract can be used against your
vendor, however
since
you are the site owner, you will be served for collection of damages as
well as the vendor.
If
you are a site owner and you have vendors, you better have a strong
contract like EBAY, or you could
find
yourself paying for damages a vendor has caused and you have no recourse
with that vendor.