Local guy that owed me money did my web page. He said he used copyright free photos. Now a company, Corbis, says they own the copyrights to these photos (5-6) and they want 7,000 dollars for the past three years of my use,plus triple penalties.
Help? What can I do? What is reasonable? My business can't just go and hide. Attorneys cost a bundle also!
I had no idea, but as the business owner I guess I am responsible.
dustiiart
Favorite Answer
Wow! Is this 'designer' still in business? If so (and even if not) the following might pertain to this situation, although I do strongly recommend you speak with your Legal Council regarding this issue.
" Q: Who owns my Web site design?
A: If you used a designer, he or she does unless you agreed in writing with the designer to transfer the copyright to you by a signed writing that specifically states the design is a work for hire.
In conclusion, photographers want their Web sites to generate sales not lawsuits. These suggestions may help you achieve that objective.
© Andrew Berger. Andrew Berger is an attorney specializing in intellectual property matters. "
The link for this extracted Question/Answer is below in Source section. Given the above statement, it might be possible that your 'designer' continues to remain the owner...because he was a Contractor not a direct employee of your firm. When a direct employee designs a site for the business he works for, the site and all content including photos, logos etc becomes the intellectual property of the Business/Owner. As a contractor/outside firm the content of the site and its design remain the intellectual property of the contractor unless he releases it in part or in full and specifies such on the document of transfer. This document can be a simple form letter that stipulates his agreement to release to the hiring party all rights, content and image copyrights. In this instance tho you want to make doubly certain that ALL content is original from top to bottom and inside out.
This is a very fine line however especially if the person who designed the site was or is a hobbyist who does not get paid and thus could by rights claim that his time, effort and all web design content was a donated project. This would then make you fully responsible.
Stress....contact your lawyer before making any payment, but you've likely been told to take the photos down so have that done immediately to show that you are in compliance...it will work more to your favor regarding the Contractor property issue.
Best of luck!
newyorkgal71
There has been a lot of talk about copyright infringement on this website. It is taken very seriously. Now you know the reason!
Yes, you are responsible. Hire an attorney!
TM Express™
Oh my gosh, what a nightmare! I'm so sorry to hear that you're going through this. I know this is likely not what you want to hear but my only suggestion is to contact a copyright attorney. You're going to want the help of someone who specializes in this field & can guide you through the next best steps.
Hope that helps! The very best of luck to you!
©2009
As the owner of the site, you are responsible for it's content but as a sub-contractor, the person who made your site bears the responsiblity. Unfortunately, you may need to hire a lawyer or pay the fees.
oldsoftee2001
have you tried explaing what happened to the company sueing you? Have them name the web designer in the lawsuit too. Then when you go to court the blame and possibly the penalties may shift from you to the web designer.