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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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One of my prior web designers used an image that Getty Images

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One of my prior web designers used an image that Getty Images has notified me is unauthorized, i.e. not licensed by my company for use.

I actually had the web hosting company stop hosting this site and thought it would be taken down months ago as I am retiring and the site is no longer useful for marketing purposes.

However, when I checked with the web hosting company they advised that since I had been a long term customer they had left the site up on the web.

In any case, based on all I have heard it appears that I will have to get the unauthorized image off the site if the site continues to stay up and also pay Getty their charge of about $1300. Do have any case here for at least negotiating the amount of the payment or possibly getting a reduction in amount if I license the image? I understand this is a subjective question but a good sounding board will be appreciated.

Thank you.

I am happy to help you. If you need clarification with this answer, hit reply and ask a follow up question prior to providing a rating. Otherwise, after reviewing the answer, please provide a positive rating without additional cost to you so I receive credit for the services I am providing you.

What it appears that you received is a cease and desist letter to take down the copyright material or to pay a license fee. Generally, if you take down the unauthorized image, then that would be the end of it. To litigate over $1,300 is most likely not worth it for a large organization. However, sometimes organization do litigate, especially if they farm out the litigation to a firm that works on a contingency basis. Even in that case, and you received a complaint, that firm would negotiate the settlement because it would rather have the money upfront then to litigate.

Feel free to ask follow up questions before providing a rating. This information provided to you is informative and helpful. If you need clarification, feel free to hit reply so we can work on any clarification prior to providing a rating. Otherwise, please provide a positive rating now without an additional cost to you so I receive credit for the services I am providing to you. I am doing my best to help you. Thank you, Damien

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