Masterfile copyright issues

Can they sue end user?

[ashishp]

Hi,

I am a US webmaster. I had my website designed by a designer from russia a few months ago. He did a great job with nice images, etc...

I have now received a legal notice from Masterfile, that the images (5 images) that were used on my site are copyrighted images of masterfile and that I now owe them $10,000 in damages for using the copyrighted images on the site.

When I received their notice I immediately removed the images and told them that the site was designed by a designer and that i was not aware of the copyright issues, since I was assured that they were all free photos.

But they still persist in calling/mailing me and asking to speak to my legal counsel.

Any ideas or suggestions on what I should do? $10,000 is a huge amount for me! :(

Thanks!

[sandyeggo]

i wouldnt give them anything since you responded so quickly
Have they proven to you that they were the copyright holder? Or that you took these images from their site? Maybe the webmaster got the image from another site. Was a copyright image watermarked on the image?

i also would not reply to such a request at all. The more you reply, the more ammo you give them for court. If you do reply, have an attorney do it so you dont say anything wrong.

[ashishp]

No. They haven't given me any details except the notice.

I have replied to them telling them the details. Any one been in this kind of situation before?

How do I know from where the designer has taken the images? I was informed that they were illegal and I have taken them off immediately.

Can they still pursue this?

[Staffa]

The T&C on their site states that even royalty free images come at a fee to whoever wants to use them.

Have you asked your web designer if
a) he got the pics from that site and
b) if he did, did he pay the fee that comes with it
c) if he did, you need the proof for the future

[bird]

No. They haven't given me any details except the notice.

To make any claims against you, they fist need to prove that they own the exclusive rights to those pictures for your place of business. Ask them to do that before you discuss anything else with them.

Note also that any license may be restricted to certain countries, which affects both the relation between the artist and Masterfile, and the relation between Masterfile and the user. Therefore your web designer might have the right to use them in Russia (based on a Masterfile license or a direct license by the artist), but you may not have the right to use them in the USA (lacking a Masterfile license).

This sounds like a really tricky issue, and you should not rely on the answers you get here. Better present all the available information to an experienced IP lawyer.

[vincevincevince]

Surely it is the person who has taken the copyright images and supplied them to you who should be held liable. Could you just give Masterfile the contact details for your designer?

[ashishp]

Hello friends,

Thank you very much for your replies and apologies for not answering sooner.

I did tell them the designer details.

I think they know they can't sue the designer in Russia, hence they are trying to browbeat me into a settlement, either that or they really hate me. :(

Anyone has any experience like this or any views people?

Thanks!