If a company has a Copyright of images of items it sells. A person utilizes these images as part of a system designed to sell these items on authorized reseller sites.
No permission was obtained from the company for use of these images to increase sales of authorized resellers. The images are displayed on authorized reseller sites only which have agreements to use the company images and logos for marketing and sales purposes.
1.The images have been used for over 10 years with the companyís knowledge on these resellerís web site, over 500.
2.The company has requested from time to time the images be displayed in a different manner.
3.The company has had contact with the person displaying the images over the years by Emails, phone calls, and physical meetings to discuss strategy.
4.The company has not been harmed in any way by the display of these images.
5.The company has sold, though itís authorized resellers, in excess of $100M in items
6.The person who designed the system to displaying these images receives no income from the images. The person receives a commission on the items shipped.
There are a number of questions:
The company now wants to exercise its copyright claim. The question is, ďIs there still copyright?Ē
If I have a copyright I know is being used and I do nothing for some period of time, was not harmed, benefitted from itís use and have requested changes of its display over the years, but never gave formal permission for use, can I still claim copyrights?
If a reseller has a right to utilize the images for marketing and sales, is there copyright infringement.
If a sales commission is realized from the use of a copyright image, this could even be posted on eBay and eBay getting an ad fee and commission, is the commission seen as profiting from infringing on the copyright, if there is one.