Intellectual Property Law

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One of my interns wrote a blog post on my website, found an…

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One of my interns wrote...
One of my interns wrote a blog post on my website, found an image to represent the post on google and attached it to the blog post. Now 6 months later, I receive an email from a company saying that image is copyrighted by a company in another country (outside the united states) "without proper licensing is considered copyright infringement and entitles (company name) to pursue compensation for infringing uses (Copyright Act, Title 17, United States Code). They said they will settle for a high amount of dollars over $1600. My website doesn't make any money and it's more of a giving out free information kind of site. During the time the blog post was made I was in bankruptcy (chapter 7) which has now been discharged. Currently I'm unemployed and can not afford to settle. What can I do?
Submitted: 2 years ago.Category: Intellectual Property Law
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Answered in 25 minutes by:
2/23/2016
IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago
Kendell Kelly, Esq
Category: Intellectual Property Law
Satisfied Customers: 593
Experience: Lawyer practicing in all areas of intellectual property, including patents, trademarks, copyrights, trade secrets and new media.
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Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.

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IP Lawyer: Kendell Kelly, Esq, Lawyer replied 2 years ago

First, make sure you have taken the image down to ensure you don't have any further issues or potential damages to accrue. Next, you aren't required to respond until you have something official from a court. In this case, the likelihood of a foreign company finding US counsel and filing on you for use of one image will cost them well in excessive of $1600. Further, unless there was a properly registered US copyright, they would be limited to actual damages -- likely very small considering you are running a free site.

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Customer reply replied 2 years ago
I have already taken down the image & post. The company that reached out to me is in the united states on behalf of the company that claims I infringed their copyright is in france.
Customer reply replied 2 years ago
In this case, the likelihood of a foreign company finding US counsel and filing on you for use of one image will cost them well in excessive of $1600"
I have already taken down the image & post. The company that reached out to me is in the united states on behalf of the company that claims I infringed their copyright is in france.
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