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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41221
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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I sold a CD with images that I own (they are my images) but

Customer Question

I sold a CD with images that I own (they are my images) but One image on the CD was not mine on the CD. Total accident it got on there. I had no idea it was there. It was accidently copied into a file. Some companies used the image online for their website. Now the owner/company of the image is asking them to pay a fee for using the image. What do I do? It was a pure accident. Do the company's just pay the fee and move on? I sent an email to every company I sold a CD to asking them to not use that image online and if they did to pull it down immediately. Trying to avoid a lawsuit over an accident. Thanks for the help.
Submitted: 4 years ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

It is irrelevant if the image was accidentally or intentionally copied over, if it was used for profit, it is a potential infringement claim on part of the victim. The best thing you can do now is exactly what you have done--informed the parties that the image is copyrighted by a third party, and a request that the image not be used. The company here has the option of paying the fee and then suing you for the false affirmation that the image was not protected, or simply move on, pay the fee, and let it go. But in this case it makes no sense to offer them financial assistance until they actually demand it from you, should it ever come to that point.

Good luck.

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