Legal Question in Intellectual Property in Tennessee

I purchased a website template online in February. Yesterday I received a cease and desist letter from a stock photography company claiming I am committing copyright infringement by using one of their images on my website. The image in question was included as part of the website template. They also included an invoice for $2168 for damages.

I have no idea how to proceed with this. Do I reply and let them know the image is part of a template being sold on the website? Am I really responsible since I purchased from a company that said they own the rights to all content? Any and all help is appreciated.

Asked on 6/24/10, 9:32 am

3 Answers from Attorneys

Daniel Pepper Pepper Law Group, LLC
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This is, unfortunately, not an uncommon problem, and I have a pretty good idea who the stock photography company is due to the number of cases I've handled with them. The first step is to review the terms of the contract or online agreement you agreed to when you purchased the website template. It should contain your rights in this sort of event.

If not, you should still demand that the seller of the website assume any costs or damages associated with this claim.

If you'd like to discuss the matter further, feel free to contact my office.

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6/24/10, 1:26 pm
Kevin B. Murphy Franchise Foundations, APC
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The other attorney is right on point here. A review of all facts, documents, etc. is required. After that, a personal consultation is needed. This is not a simple bulletin board type question. Consult with an attorney for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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6/24/10, 1:56 pm
Robin Gordon Gordon Law Group, PLC
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I would have to agree with the prior two posts. My office has handled similar cases in the past and would be happy to have you come in for a free consultation to discuss this matter. Please feel free to email one of our IP lawyers at noah@gordonlawgroup.com.

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6/24/10, 2:40 pm

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