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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111550
Experience:  Attorney practicing all aspects of copyright/trademark law
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My name is ***** ***** - The issue relates to a paid use

Customer Question

Customer: Hi - My name is ***** ***** - The issue relates to a paid for image use terminates for use on my website, if I change the domain name, and the image remains in place in the article for which license was purchase?
JA: Thanks. Can you give me any more details about your issue?
Customer: I paid a photographer for use of an image at my website and I told him it would remain on my website citing the site's then domain name. Two years (2009) later I had to change my domain name, but all the content remained intact on my server. Six years later (and we had correspondence three years after as I offered him an interview for the site at the new domain name) he's threatening to sue me for copyright infringement because my sites domain name changed. I contend that my use of the domain name to describe my website as where the image will reside refers to the website, regardless of any changes to the domain name. His image is in the same spot in the article as it has been since 2007. I've received a letter threatening up to $150,000 damages.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Intellectual Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Sure....
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Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you paid for use of the image and you are still the one using the image, then you still have license rights unless the license you bought specifically said that you could not change domain names. Just because you change domain names, if you are the same person who bought the license, then he cannot stop you from using the image and he would be in breach of his license agreement. So you should send a response and attach a copy of the license and proof you have of the license agreement and tell him that you are the same person and you simply change domain names and if he continues to pursue this you will sue for breach of contract for not honoring his license agreement with you and you will seek damages up to three times your losses since he defrauded you in issuing the license.

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