What is copyright infringement?
Copyright infringement occurs when a copyrighted work is used without authorization. Even the simple act of making a photocopy of a copyrighted image without permission can be considered infringement. In such cases, the copyright owner has the right to pursue legal action to seek compensation for damages. Copyright infringement involves the unauthorized exercise of one or more exclusive rights granted to the copyright owner, such as the right to reproduce or distribute a copyrighted work. In the context of file-sharing, downloading or uploading significant portions of a copyrighted work without permission also constitutes infringement. If infringement occurs, the copyright owner has the right to initiate legal proceedings to claim damages. It is important to note that ignorance of the law does not excuse individuals from its consequences.
Who is managing the claims in regarding Boxist.com Stock Photography?
The management of claims regarding Boxist.com Stock Photography is handled by a team of experienced professionals. We work closely with world-class attorneys who have a global legal network and collaborate with copyright enforcement agencies to address any instances of infringement related to our stock photos. In cases of copyright infringement, our most assertive approach involves pursuing legal remedies by initiating lawsuits.
It is unfortunate that copyright infringements are prevalent on the internet, as infringers find it easier to locate and copy images online. Additionally, many individuals mistakenly believe they have the right to use these photos or assume they won’t face consequences for their actions.
I am currently facing a copyright infringement lawsuit in court, and it appears that Boxist.com (Sam Mugraby) is being represented by a lawyer in this matter. I would like to inquire if it is possible for me to establish direct contact with you in order to discuss and potentially reach a settlement for the case?
Regrettably, the current situation has reached a point where we are unable to intervene or participate in the matter. As per our contractual agreements with our lawyers, they have received and are handling your case. Once a case has entered the court system, it becomes a definitive course of action, and you will need to directly address the issue with our legal representatives. Going to court is typically a last resort for us, pursued when infringers refuse to comply with or reject previous settlement attempts. This course of action is necessary to safeguard our intellectual property and uphold the integrity of our business.
I have recently received a demand letter from a copyright agency or attorney representing your company, specifically handling copyright infringement cases. They have expressed their intention to initiate legal proceedings and file a lawsuit. In light of this, I would like to know if it is possible to engage in direct communication with your company to address and potentially resolve this matter, rather than proceeding with litigation?
If you have been contacted by an attorney or have received letters from a copyright enforcement agency regarding copyright infringements on our behalf, it is necessary to resolve the matter directly with the lawyers. Our contractual obligations prevent us from engaging in direct communication with you regarding these issues. While we may proactively reach out to offer a resolution in certain cases, the sheer volume of infringements makes it impractical for us to personally address each one. Infringements not only violate the law, but they also consume our time, devalue our work, and we simply cannot afford to allocate resources to address every single instance. When our lawyers are involved in a case, we refrain from interfering in the matter.
If you receive a letter from a copyright owner or their attorney, you should not ignore it. Ignoring the letter may result in further legal action against you, such as a lawsuit. Ignoring the letter might be interpreted as intentional infringement, which can result in increased damages.
It is advisable to engage in negotiations with the attorneys to seek a mutually agreeable resolution. This could involve discussions to potentially lower the settlement amount, obtain a license, or establish other terms that satisfy both parties. In the event that we are unable to resolve the matter directly, our attorneys will proceed with filing a lawsuit in court. Should this occur, it will be necessary for you to retain legal representation to defend your case and respond to the complaint, adhering to court procedures and deadlines. Failure to do so may lead to a default judgment being issued against you.
I have recently been sent a cease and desist letter along with a settlement payment demand from Boxist’s copyright compliance team regarding my use of an image, and your company is requesting payment for the usage of the image?
We urge you to take advantage of this opportunity by paying the required fee. By doing so, we will be pleased to close the case and move forward. Our company strives to address and resolve claims before they escalate, aiming to prevent any additional costs for both ourselves and the unauthorized users involved. Similar to many other companies, we collaborate with law firms that specialize in copyright matters, seeking their expertise and guidance whenever legal advice or escalation becomes necessary.
Fortunately, the majority of copyright claims can be successfully resolved without the need for litigation, offering a quicker and more cost-effective outcome compared to going to court. We highly recommend that you seize this opportunity to resolve the matter. Paying a fair and generous fee for the image serves as a relatively inexpensive settlement, especially if it adequately compensates for all past uses of the allegedly infringed works.
If you receive a legal demand letter from Boxist.com asserting that you or your company has engaged in copyright infringement, there are several courses of action available to you:
- (a) Reach out to us directly for a discussion, aiming to amicably resolve the matter. Rest assured, we are open to communication and willing to find a mutually agreeable solution.
- (b) Hire a legal counsel who can represent you or your company and effectively respond to the allegations on your behalf.
- (c) Disregard the issue entirely and hope that it resolves itself without any further consequences. However, this approach carries the risk of potential legal repercussions and may not be the most advisable course of action and could potentially exacerbate the situation.
- (d) Shift the blame onto the photographer or copyright holder for the alleged infringement and proceed to challenge us by daring us to file a lawsuit. It is important to note that adopting an antagonistic stance will escalate the situation and potentially lead to further legal action. It is best to approach the situation with respect and open dialogue to seek a resolution.
Please consider these options carefully and select the approach that aligns with your interests and the desire to address the copyright infringement issue effectively.
I have used an image(s) owned by Boxist.com’s Stock Photography without a license, What Next?
In certain situations where it becomes evident that an individual or entity may not be aware of infringing on the intellectual property rights of Boxist.com or where the unauthorized use of our image may have been unintentional, our Copyright Compliance Support team may initiate direct communication with the infringers. The purpose of such outreach is to amicably resolve the issue without resorting to litigation. One of the key advantages of this approach is that it enables a swift resolution without the costs and time associated with legal proceedings.
Our approach is centered around attempting to reach an amicable resolution and constructive dialogue with infringers before resorting to legal actions. It is a common misconception that individuals can freely use images without permission due to the vastness of the Internet, assuming that photographers will never discover the infringement. We strive to provide individuals with an opportunity to address the issue directly with us before it progresses to the legal system. Recognizing that mistakes can occur, we extend a straightforward settlement offer at a fair price to resolve the infringements concerning our image(s) and bring the case to a close.
Copyright infringement can take place regardless of the infringer’s knowledge or intent. When addressing unauthorized use cases, Boxist.com operates under the assumption that the use was likely unintentional, unless there is compelling evidence to suggest otherwise. It is unfortunate when individuals are unaware of the licensing requirements, but this lack of awareness does not absolve them of liability.
It is important to note that copying, publicly displaying, or publicly distributing a photograph without permission constitutes copyright infringement, regardless of whether the infringer was aware or unaware that their use was infringing.
I have received a letter from Boxist.com regarding a copyright infringement, what to do now?
If you have received a letter directly from our company regarding a copyright infringement, you may be wondering how to resolve this matter. There are several steps you can take to address the issue:
- Carefully review the letter: Read the letter thoroughly to understand the specific allegations and claims made against you. Keep in mind that cease and desist claims often have short response deadlines. It’s essential to ensure that your legal advisors have enough time to take your instructions and prepare a robust response, so act swiftly if you receive a letter – failing to reply could lead to court proceedings and, potentially, an adverse judgment
- Contact our company: Reach out to us directly to discuss the matter and explore possible resolutions. We are open to communication and willing to work towards a resolution.
- Seek legal advice: It may be beneficial to consult with a lawyer who specializes in copyright law. They can provide guidance on the best course of action and represent your interests.
- Negotiate a resolution: Engage in negotiations with our company to reach a mutually acceptable resolution. This may involve discussing options such as payment, licensing agreements, or other terms that can resolve the copyright infringement claim.
- Cooperate and respond promptly: It is important to cooperate with any requests for information or documentation and respond to the allegations within the given timeframe. Failing to do so may result in further legal actions.
Remember, addressing the copyright infringement matter promptly and in good faith can lead to a resolution that satisfies both parties involved. Once the infringer complies with our settlement demands and fulfills the payment for the image(s), we will release and discharge them from any and all claims related to copyright infringement concerning the use of the image(s) up to the present date. This will effectively close the case.
To ensure transparency and documentation, we will provide a detailed invoice outlining the settlement payment. Additionally, upon completion of the settlement payment, we will send a confirmation email stating that we are closing the case.
By settling the matter and fulfilling the agreed-upon payment, the infringer can resolve the copyright infringement claim and bring the issue to a satisfactory conclusion.
What is the Cease and Desist and Settlement demands?
Our Cease and Desist and Settlement demands are aimed at finding a compromise for disputed claims and avoiding the expenses and complexities of prolonged litigation. It’s important to understand that a Cease and Desist letter serves as a pre-suit notice, indicating that it is the final opportunity to address the issue before legal action is pursued, seeking monetary damages.
If you have received a Settlement Demand letter from Boxist.com Stock Photography, it means that you have been identified as using one or more images represented by Boxist.com for online promotion and/or editorial purposes. Our terms outlined in the Cease and Desist letters are fair and reasonable. We are seeking the licensing fees that should have been paid for the period during which the infringing image(s) were used, along with any additional costs associated with pursuing this matter.
Here are our specific demands:
- We require the immediate removal of the image(s) and a commitment to cease any further infringement of Boxist.com copyrighted works.
- We are providing the infringer with the opportunity to settle these claims through a settlement payment fee.
As copyright holders, we have legal protections that allow us to seek remedies through the court system for copyright violations. Copyright holders are granted legal protections that enable them to pursue legal remedies in court when their copyright is infringed upon. If someone violates copyright law by using copyrighted materials without permission, the copyright holder has the right to initiate a lawsuit seeking remedies and claim damages.
In such cases, the person who violated the copyright law can indeed be sued for their infringement. It is important to respect and adhere to copyright laws to avoid potential legal consequences.
What happens if I comply with the Settlement demands?
In order to reach a resolution before resorting to litigation, we require complete adherence to our settlement demands. Once these demands are fully met, we will release and discharge “the infringer” from any and all claims related to copyright infringement regarding the use of the Image(s) up until the present time. Subsequently, we will consider the case closed.
Complying with the Settlement demands provides an opportunity to address the infringement and avoid the potentially costly and time-consuming process of litigation. It allows for a resolution that benefits both parties involved.
If you choose to comply with the Settlement demands, the following outcomes can be expected:
- Resolution of the matter: By complying with the Settlement demands, you would effectively resolve the dispute concerning the unauthorized use of the copyrighted images.
- Release from claims: Once our demands are met, we will release and discharge you from any and all claims for copyright infringement related to the use of the specific Image(s) up to the date of compliance. This means that you would no longer be legally liable for the infringement.
- Closure of the case: Upon full compliance with the Settlement demands, the case would be considered resolved, and there would be no further legal proceedings or actions required from us.
What are the potential consequences if I choose to disregard copyright infringement letters?
It is advisable to take copyright infringement claims seriously and respond appropriately. Ignoring such matter may be seen as willful infringement, which can increase the likelihood of facing legal consequences and potentially higher damages. We take the unauthorized use of our copyrighted image(s) very seriously and will take strong action to protect our rights. We strongly advise infringers to seek legal counsel to assess their legal situation. Non-cooperation from the infringer will result in increased legal costs as we work towards resolving the case.
If the infringer fails to comply within the specified timeframe or does not respond at all, it may be interpreted as a deliberate act of infringement. In such cases, we reserve the right to consider this non-compliance as evidence of intentional copyright infringement, commonly referred to as “willful infringement.” Willful infringement carries more severe penalties compared to unintentional violations.
The presence of our copyright settlement notice and letters serves as evidence that the infringer’s actions were intentional. This notice can be beneficial in a lawsuit seeking damages for the infringement. By including the notice, it prevents infringers from claiming in court that they were unaware of the copyright or that their actions did not constitute infringement. The defense of “innocent infringement,” which may result in a lower damage award, is negated by the presence of the notice.
Copyright infringement carries significant consequences, including substantial penalties. Ignoring a copyright notification or a cease and desist letter is not advisable. While it may be tempting to disregard the letter, remove the infringing content, and hope the issue disappears, doing so can result in the copyright holder investing more resources to protect their rights. When a copyright holder has to allocate additional resources, it can potentially increase the damages they seek to enforce against you or your company. The copyright owner is entitled to seek compensation for the damages they have suffered as a result of the infringement.
The Berne Convention for the Protection of Literary and Artistic Works serves as a common ground for international copyright protection and the rights of authors. While copyright laws vary among countries due to different legal systems, the Berne Convention establishes minimum standards of protection to be granted by its signatories. It provides a framework for copyright law, and countries have the freedom to go beyond these minimum standards to enhance copyright protection.
Moral rights, which encompass various types of protected works, are generally recognized in most European Union (EU) countries. However, in the United States, moral rights are primarily associated with visual arts. In terms of damages, the United States has provisions outlined in 17 U.S.C. § 504 of the U.S. Code. The court has discretion to award basic damages of up to $30,000 per work, while plaintiffs demonstrating willful infringement may be entitled to damages of up to $150,000 per work.
In Canada, the Copyright Act allows for statutory damages of up to $20,000. In Australia, the Australian Copyright Act 1968 states that unauthorized use of copyright material infringes on the rights of the copyright owner, and individuals or corporations can be sued for damages. Penalties in Australia include fines of up to $117,000 for individuals and up to $585,000 for corporations.
Will the matter be resolved if I remove the images without fulfilling the settlement payment demand?
While removing the infringing images from your website may help mitigate your liability, it does not entirely resolve the issue. The use of copyrighted images requires proper licensing to cover all uses, and thus, a license fee payment is necessary to fully address the matter.
Although we appreciate the removal of our represented images from your website, it is important to note that removal alone does not settle the dispute. It is merely a step toward reaching a resolution. Our objective is to prevent legal escalation whenever possible by arranging for a license fee to compensate for the previous period of unlicensed usage.
As copyright holders, we are entitled to compensation for the use of our copyrighted work. Therefore, we will continue to pursue a settlement payment demand for the unlicensed use of the image(s). It’s crucial to note that the use of our images without a valid license is considered copyright infringement in any country that is a signatory of the Berne Convention. Therefore, we will continue to pursue the settlement payment demand for the unlicensed use of the image(s) to ensure proper compensation for the unauthorized usage.
To ensure a satisfactory resolution and to resolve the matter completely, it is advisable to engage in good-faith discussions and reach a mutually agreeable settlement that compensates for the previous unlicensed use of the image(s). Consulting with legal counsel can provide guidance on the appropriate steps to take in addressing this copyright infringement issue.
After being notified about the copyright infringement regarding your image(s) that I have used on my website, I acknowledge the issue but I do not intend to take it seriously or comply with the settlement payment demand. The only action I am willing to take is removing the image from my website.
Upon receiving a letter demanding payment to prevent legal action, you will be faced with the decision of paying to avoid a lawsuit or hiring an attorney to defend yourself. Either way, there will be financial implications involved.
Unfortunately, some copyright infringers resist paying anything, leading to the necessity of involving lawyers, which significantly increases the costs. It’s worth noting that if a copyright infringement case goes to court, the defendant may be liable for substantial statutory damages, as well as the plaintiff’s attorney’s fees and court costs if the plaintiff prevails.
We expect to be fairly compensated for the use of our work. Ultimately, using someone else’s property without permission and without payment is not acceptable. We believe that the best solution, both legally and morally, is to engage in negotiations for a reasonable out-of-court settlement.
Please note that if this matter of unlicensed use is not resolved within the specified time frame, it will be escalated to one of our partner attorneys for legal action. We are committed to holding those who infringe upon and violate copyright laws accountable.
When Does Copyright Exist?
Copyright protection is automatically granted to a work, including photographs, from the moment of its creation. It is not necessary for the work to contain a watermark or copyright notice in order to be protected. Therefore, it is important to understand that all online images are generally subject to copyright. In the case of photographs, the copyright is established as soon as the image is created, regardless of whether it is captured using a traditional or digital camera. The act of pressing the shutter button to capture the photograph instantaneously confers copyright ownership to the creator of the photo.
Can you provide evidence or documentation confirming your ownership of the image?
Registering our image(s) with the copyright office serves as a powerful form of evidence, establishing a public record of our ownership and providing various legal benefits. Additionally, we maintain comprehensive licensing and usage records for our images, further supporting our claim of ownership. As the exclusive owners and original creators of the image(s), we possess the original files, including digital images with embedded metadata such as EXIF data. We also retain the original creations of any 3D graphics or vector designs in formats like AI, EPS, CDR, and more, which are never sold or distributed. These documentation materials solidify our ownership and can be provided as evidence when necessary.
I have come across your photograph online, and since the internet is considered a free platform, why would there be any issue with using it?
The fact that an image is available on the Internet does not imply that it can be freely taken and used without a license or permission. Images, graphics, designs, and photographs are all protected by copyright laws and are considered intellectual property. Although it may be desirable to assume that photos and images on the Internet are free, in reality, this is not the case. While it is free to view, appreciate, and discuss them, it is not permissible to use them without proper authorization or to engage in unauthorized appropriation.
I found the image on the Internet!
Finding an image on the internet does not automatically grant permission to use it. The default assumption should always be that the image is protected by copyright unless you have obtained explicit permission.
Simply finding an image on the internet does not provide a valid defense against copyright infringement. Copyright law grants exclusive rights to the creators or rights holders of a work, and unauthorized use of copyrighted material without permission or a proper license constitutes infringement. This means that even if an image is accessible on the internet, it does not mean it is free to use without permission from the copyright owner.
Assuming that all content on the internet is copyrighted is a responsible approach to avoid copyright infringement. Respecting the rights of copyright holders and obtaining proper authorization is crucial in maintaining ethical practices and adhering to copyright laws.
We found the photo on through Google or other web search engine, therefore it is free to use?
Finding an image through a search engine like Google does not grant you the right to use it freely or assume that it is not protected by copyright. Google Images is a search engine that indexes and displays images from various websites, but it does not own the rights to those images.
Images, graphics, designs, and photographs are considered intellectual property and are protected by copyright laws. Copyright protection applies to creative works from the moment they are created, regardless of where they are found or accessed on the internet.
Even though images may be freely accessible through search engine results or other internet searches, it does not mean that they can be used without permission or without infringing on the rights of the copyright holder. Permission to use copyrighted content must be obtained from the copyright owner, or a valid license must be acquired.
Just because they are distributed on a free medium, like the internet, doesn’t mean you can use them. Or download them. Downloading or using images found through a search engine without permission or proper authorization can still constitute copyright infringement. It is important to respect the rights of copyright holders and obtain the necessary permissions or licenses before using any copyrighted material, including images, regardless of how they were discovered.
Someone else created and designed my website?
We understand that you may have relied on a third-party designer, employee, or intern to create and design your website. However, it is important to note that if no license for the use of the images from Boxist.com exists, the responsibility for any infringement ultimately falls on the website that displays the imagery, which is considered the end user.
According to copyright law, the website displaying the images bears the liability for any infringement. As the owner or operator of the website, you are responsible for the content that appears on it. If you hired a designer or an external company to create the website or write content for you, or if you purchased a pre-made website, your contractual agreement with them should include provisions regarding the rights to all illustrations and photos, as well as who is responsible for ensuring that they are rights-free. Ultimately, it is your responsibility to ensure that you have obtained the necessary rights to use and display the images on your website.
To address the copyright infringement issue, it is crucial to communicate with the relevant parties involved in the creation of your website and determine the extent of their responsibility for obtaining proper licenses for the images used. Taking prompt action to rectify any unauthorized use and working towards a resolution with the copyright holder can help mitigate the potential legal consequences. Seeking legal advice from an attorney experienced in intellectual property law is advisable to navigate the complexities of the situation and determine the best course of action.
I did not know the images were owned and copyrighted by Boxist.com and required a license?
It is understandable that there may be a lack of awareness regarding the ownership and copyright status of the images from Boxist.com, leading to the misconception that online content can be freely shared. However, it is important to recognize that the line between sharing content and infringing on copyrighted material can be blurred. Even if there was no intention to break the law, the use of copyrighted protected images without proper authorization is still a violation of copyright law.
While you may not have been aware of the ownership and licensing requirements, the fact remains that the unlicensed use of the images has already taken place, resulting in a violation of copyright law. Consequently, payment of the settlement demand is necessary to address the infringement. It is essential to understand that in a copyright infringement lawsuit, Boxist.com would have the right to seek damages, costs, and interest as provided for by law.
As the end user of the images, it is ultimately your responsibility to ensure that you have obtained the appropriate rights and licenses for their use. Even if you acquire images from a web template provider, you are still liable for copyright infringement if that provider did not properly license the images from Boxist.com for your use.
The most common issue many web designers face when it comes to copyright law has to do with the images they use in their layouts. For some designers, it is common practice to find images they need by doing a web search or pulling an unlicensed image from the internet, which can lead to copyright infringement concerns.
But I am not making any money by using your photos in my site?
The absence of monetary gain from the use of the photos on your site does not alter the copyright infringement issue. Whether or not money is made from the use of an image is not a determining factor when it comes to copyright infringement. The requirement for a license to display the image exists regardless of the financial aspect.
Under copyright law, the use of copyrighted material without explicit permission constitutes infringement, irrespective of whether the purpose is commercial or non-commercial. Statutory damages may still apply even if the use is non-commercial in nature.
It is crucial to understand that the ownership and rights to the images lie with the copyright holder, and their explicit permission or a valid license is required to use and display those images, regardless of the intention to generate profits. Engaging in unauthorized use of someone else’s work, even with non-commercial intent, still constitutes a violation of copyright law.
Therefore, the absence of monetary gain from the use of the images does not exempt the use from being considered copyright infringement. It is essential to respect the rights of copyright holders and obtain the necessary licenses or permissions for the use of their protected works, regardless of whether it is for commercial or non-commercial purposes.
I am running non-profit organization!
Non-profit organizations are not exempt from copyright laws and must adhere to the same legal requirements as any other entity or individual. Copyright law applies equally to all users, regardless of their profit status. Just because an image is accessible on the internet does not grant automatic permission to use it on a non-profit website or any other platform. The copyright owner holds exclusive rights to their work, including the right to control its reproduction, distribution, and public display.
To use copyrighted material legally, including images, a non-profit organization must obtain the necessary licenses or permissions from the copyright owner. This typically involves seeking explicit permission, and obtaining a license agreement from the copyright holder. By following copyright laws and respecting the rights of copyright holders, non-profit organizations can ensure that they are in compliance with legal requirements and avoid any potential copyright infringement claims.
The photo doesn’t have a copyright notice or watermark on it; does that mean I can use it?
The absence of a copyright notice or watermark on an image does not mean that it is free to use. Copyright protection exists from the moment a work is created, regardless of whether a copyright notice is included or visible. It is important to understand that copyright law applies to all creative works, including photographs, regardless of whether they are published, registered, or marked with a copyright notice or watermark.
When searching for images online, it is prudent to assume that they are protected by copyright and may not be used without permission or a proper license. As an end user, it is your responsibility to ensure that you are not infringing on the intellectual property rights of others before using any image in any context.
While a copyright notice or watermark can help identify the copyright owner and make it easier to seek permission or licensing, their absence does not invalidate the copyright protection. Copyright law does not require the inclusion of a notice or watermark for a work to be legally copyrighted.
Therefore, it is crucial to respect the copyright of all online images and seek proper authorization or licensing before using them. Assuming that all online images are protected by copyright is a prudent approach to ensure compliance with copyright laws and to avoid potential infringement issues.
I have seen lot of other websites using the same image too?
The fact that other websites are also using the same image does not justify or excuse the infringement and does not provide a legal defense or justification for using it without permission.
Each website is responsible for ensuring that they have obtained the necessary rights or permissions to use the image. Just because other websites are using the same image does not mean it is being used legally or with the proper authorization. It is possible that those websites are also infringing on the copyright of the image.
Engaging in copyright infringement poses risks, including the potential for legal consequences such as being sued for damages. It is important to understand that using copyrighted material without permission or a proper license is a violation of copyright law, regardless of whether or not others are doing the same.
Many photo sharing platforms, wallpapers sites using and sharing the same image too?
There are illegal photo sharing platforms and free wallpaper websites that engage in unauthorized use of copyrighted images. These platforms obtain images without proper consent or licensing and make a living of stealing images from photographers and monetize their websites through ads or other means.
Numerous wallpaper and similar photo sharing platforms on the internet engage in unauthorized practices by unlawfully copying photographs and providing them as free downloads. many of these wallpaper websites operate anonymously without providing any identifiable information such as a name or address. They are often registered and hosted in exotic locations like Panama, China, or Russia.
It is unfortunate that these websites exist and profit from the unauthorized use of photographers’ images. Such activities not only violate copyright laws but also undermine the rights of content creators and the integrity of the creative industry.
Due to the lack of effective copyright enforcement in many developing countries, it becomes challenging for us to address infringements that occur on servers located in regions such as Vietnam, Cuba, Iran, Russia, Pakistan, China, various African countries and others. Despite the absence of enforcement, these infringements can still be visible through search engines like Google.
While it is true that some countries may have weaker copyright protection or enforcement, it does not mean that copyright infringement is legal or acceptable. Copyright laws, such as the Berne Convention, the Digital Millennium Copyright Act (DMCA), and international treaties, provide protection for creative works across borders. These laws aim to safeguard the rights of copyright holders and encourage respect for intellectual property rights globally.
Enforcing copyright on the internet can be challenging, particularly when dealing with websites hosted in countries with weak copyright protection. However, efforts can still be made to combat online piracy and protect our rights.
Copyright infringement is an individual offense, and taking a copyrighted image from a likely infringer, such as wallpaper sharing websites or pirate media, does not absolve you of liability for infringement. Just because the source of the material did not obtain the image legally does not mean you are free from responsibility.
Using a stolen image without knowledge of its infringement is comparable to taking stolen merchandise without knowing it was stolen. In both cases, you can still be held accountable for the act.
Copyright law works on a similar principle. Whether or not you are aware of the copyright status of an image, using it without proper authorization can still constitute infringement. We understand that your unauthorized use may have been unintentional, but unfortunately, being unaware of licensing requirements does not change your liability for the infringing use.
Is it reasonable to suggest and argue that the photo’s small size and poor quality make it unworthy of copyright protection?
The size or quality of a photograph does not determine its eligibility for copyright protection. Copyright law protects original works of authorship, including photographs, regardless of their size or perceived value. Even small or low-quality images can be protected under copyright law if they meet the requirements of creativity and originality.
Copyright law recognizes the effort, skill, and creative expression involved in the creation of a work, regardless of its size or quality. The protection granted by copyright law ensures that the rights of the creator are respected and that they have the ability to control the use and distribution of their work, regardless of its perceived value.
Tons of websites and people are doing it and using it, you can’t single me out!
We understand that there are numerous websites and individuals engaging in similar practices of copyright infringement. We take copyright infringement seriously and aim to protect the rights of our intellectual property across all platforms and individuals. While it is true that there may be numerous websites and individuals engaging in similar practices, it does not exempt any individual or entity from their responsibility to respect copyright laws. Each case is evaluated independently based on the unauthorized use of our copyrighted materials. Our objective is to ensure fair treatment and encourage compliance with copyright regulations.
Unfortunately, the enforcement of copyright law does not depend on the relative size or popularity of the websites involved. Copyright law is applied uniformly and does not exempt certain individuals or websites based on their prominence. While it may appear unfair that some large websites seem to get away with copyright infringement while smaller ones face consequences, it is important to remember that compliance with copyright laws is a legal obligation that applies to everyone.
The existence of individuals who disregard or believe they are exempt from copyright laws does not justify or validate their actions. Engaging in copyright infringement, regardless of the prevalence of such behavior online, is still illegal and unethical. It is crucial to respect intellectual property rights and adhere to the principles of copyright law, regardless of others’ actions or beliefs.
I have purchased the image(s) from your website and I have a legitimate license permitting their use?
We maintain strict oversight of all our image licenses, maintaining comprehensive sales records for each image and its designated use by our clients. Prior to initiating any case, we thoroughly search our records to identify any valid licenses associated with the customer’s name, company name, site name, or registrar email address. If a valid license is found, we deeply regret the error and sincerely apologize for any inconvenience caused. In such instances, we will promptly dismiss the case and provide a full refund of the original license payment, allowing the user to continue utilizing the image(s) as originally intended.
