If you do not have evidence of an appropriate license for any images used on your website you may be infringing the “Copyright, Design and Patents Act of 1988″ and fuelling an increasingly lucrative industry in pursuing you for substantial payments.
For example, Getty Images owns a business that has developed a software tool that indexes websites looking at images (often using code embedded in the image or by matching pixel compilation) then sending out significant bills for deemed copyright infringement.
A high risk area are images that may have been simply copied from Google Images and other sites and used without license on a website. A quick search of ‘Getty image letter’ shows plenty of activity with requests for an infringement payment starting at around £400-£600 for unlicensed use of one of their images (or just as important proof that an image license had been purchased) to as much as £4,000+. In each case it’s a very matter of fact letter, with the web address that the images was on and their estimate of the damage its caused. These do often result in a substantial (albeit negotiated) payments as the web owner may be technically in breach of UK copyright law.
As the owner of the website the company listed in the footer is seen as responsible for ensuring all of the images are correctly licensed, although the likes of Getty do say that the site owner can ask their web design company to consider contributing. Most web designers make it clear they are only responsible for the images they supply and not those that are provided by the customer or their agents. It is also not their legal responsibility to check providence for any existing images supplied by the Broker (e.g. used on an existing website being refreshed)
As ever you need to be careful with stock images and ensure they get them from known libraries – in particular be wary of free stock photo libraries – as some of these may have been ‘borrowed’ from other commercial libraries.
Images from sites like iStockphoto (a Getty company) range in price depending on size, topic and popularity. With a small version starting at £4.25 and the largest being £14.50. You also need to be aware of what license you are buying, e.g. is it web only or also can be used in any published material such as brochures?
• Get on the front foot, check the providence/evidence trail for all licenses for web images (or be clear with your web developer which images they sourced/licensed). If in doubt, source new images with the appropriate license
• Image copyright also extends to newsletters or blogs hosted online by the business. (Visuals for these tend to be locally sourced to support the story – often ‘for free’ through Google Images…)
• Only use images purchased from large/reputable stock photo sites e.g. iStockphoto or Shutterstock
• If you are using a family member or friend to do your web build – ensure they are fully aware of UK web image copyright law
• Ensure you have the appropriate license (image size, is it used web only or also for published material as a wider license may be required)
• If you are engaging with a new web developer – ask them about their image sourcing policy – be clear in your discussion who is liable for what should an infringement letter be received
• Keep all image purchase receipts and the master image in a folder on your computer and back it up for the future. There are plenty of examples of image licenses being originally purchased but evidence of purchase being lost over time – particularly if changes of web developers/marketing teams.
Following these recommendations will no doubt be cheaper than a letter with threat of legal action from the likes of Getty Images….remember their business model is to find you then pursue you for substantial payments for breach of copyright and as ever, ignorance of the law doesn’t count as a defence. Insurance Brokers as regulated businesses will be seen as a softer target in view of the potential reputational damage a court case could create.
Finally, the amounts for damages they request and the amount often agreed to settle are two different things, but they are likely to have the law on their side and they are also geared to ‘go legal early’, so be wary of ignoring any letter received.
We would be pleased to talk through the options with you, give us a call on 0161 831 7199.