Legal Question in Intellectual Property in California
Our company has developed lots of websites for clients. Recently, one of our clients called me and said that Getty Image claimed that their image has been used on the client's website without their permission or purchase. Now, Getty Image requested the client to pay them $600.
The client call us and said we are responsible for the image use and demand us to pay the $600 to Getty Image.
Is there any suggestion for us? Please let me know.
3 Answers from Attorneys
If your company illegally used images belonging to Getty Images, pay up, apologize to the client, and fire the employee who did it.
There isn't really a legal question here. Focus on a business solution.
You may be able to talk to Getty Images and tell them that you are going to remove the image and replace it with another one. It depends on a cost benefit analysis for you (i.e., would it cost you more than $600 to remove the image). Again, this is not legal advice because there is no legal issue since your company clearly used an unauthorized picture.
The other attorneys are right on point here. Is it worth $600 of your time to try and win a case that's can't be won, or just pay the $600. As it stands, the only unclear issue is who put the image on the website - your company or your client. Consult with a good business attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
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