Help needed I got post by Corbis lawyers

[sued]

Its been long time ago, when I visited this forum.

Thats why I did not remember my username. I even did some contribution like the enhancement of the low stock report in the past.

I don´t know whether this still exists. That was all in times I was studying.

 

The reason why I am back here is the following.

I got post from lawyers of Corbis Image Stock agancy, because of one picture on my website.

I am sure I did nor steal that picture. I remember that I got it from a design template or a stock picture CD.

Thats why I am back in this forum. It wa sin times when I was very deep into osc and it might be a template of this shop .

But maybe it just was on a CD.

 

Maybe You can help me to find the source where I got the picture from, so I can fight back. Even if I am not a student anymore, it is hard to pay more than 1500 EUR, even knowing I did nothing wrong but I can not proof it.

 

I don´t want to link the picture directly.

 

The picture I have been sued for is the same lioke in the header of this website.:

http://www.aceflex.co.nz/webdesign.html

Its the 3 carts

the website http://oscommerceshoppingcart.com/ used the same picture. He told me it was on a CD but he better removed it .

 

 

Corbis Picture looks slightly different. It has 4 carts on it

http://pro.corbis.com/popup/Enlargement.as...1-30788a4964de}

 

its corbis ID ax028163 on www.corbis.com

 

I really did not modify the image (4 to 3 carts) but I really don´t know the source where I got it from.

I am a hobby photographer on my own, I respect peoples rights and pictures.

That is why I am realy angry because of this.

 

Thanks in advance for Your help .

If somebody remembers the source of this picture I would be really happy and send a package of our good wine in my region to You.

Yours

Mounir

[helixia]

i have seen those e-in-cart image in some website, but dun remember where.

 

shouldn't corbis give you warning letter to remove it first before serving lawyer's summon order?

I don't know how sue system or sue culture works, but I think this is too much.

how can anybody establish a system of making money by hunting for people to sue?

Maybe becos I don't come from western society so I find this particular case too unforgiving, and cold-hearted.

[MrPhil]

Well, the "three cart" image is clearly derived from Corbis's "four cart" image*, so they do have cause for complaint. Now, a lawsuit as their first contact is clearly excessive -- you didn't ignore any previous attempts to contact you? Unless you can come up with the template or stock CD to show the judge, you're going to have a hard time showing that you acted in good faith in using this image. Is this actually a lawsuit, or are they just billing you for use of the image? A lawsuit is excessive as the first point of contact, and thus might be tossed out as unjustified, but a bill for use of the image would be a bit hard to fight, unless you can show that you acted in good faith. Did you take down the image immediately upon being shown that it was stolen, and otherwise cooperate with the owner? Could you show that the amount they're asking is excessive, for what you've made on your site?

 

It's possible that a bill (or even a lawsuit) is Corbis's stock response to theft of its property (their legal department may just pump them out all day long). Have they given you an opportunity to apologize for the inadvertent use of their property and promptly remove the offending image? I don't think they'll just go away if you ignore them, but perhaps they'll settle for a much smaller payment if you're willing to work with them ("something is better than nothing").

 

Have you tried contacting the other site using this image (aceflex.co.nz) and asking them where they got it, so you could use it too? I wouldn't mention that Corbis is after you. Maybe this would lead to the stock CD that you got it from. IANAL, so please don't construe anything I've said as solid legal advice (it's common sense, but the law doesn't always work that way). Best wishes, and I hope you can get out of this with minimal financial damage.

 

* you can see where the removed cart overlapped the left-hand cart, and was Photoshopped out.

 

Whenever you use stock images or other graphics that you yourself did not create, always keep a record of where you got them from and what the stated terms of use were. You should have a "chain of custody" for any material on your site.

[♥kymation]

IANAL as well, so take anything I say with a grain of salt.

 

It doesn't much matter where you got the image. Even if somebody else stole it and gave it to you, you are still in violation of the owner's copyright. You might be able to get the amount lowered if you can make a case for innocent infringement, but you would still have to pay. And that's after paying a lawyer and possibly going through the court system.

 

The amount they are asking is really not all that high. I have seen artists ask much more for stock images, even photographs. If you ignore them, or try to get around them in court, you could end up paying thousands more. I agree that your best bet is to contact them, explain the situation, and try to negotiate an acceptable fee.

 

Again, this is not legal advice, and you should consult a lawyer who practices copyright law for some real advice.

 

Regards

Jim