Intellectual Property Law

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I just lanuched a website and it seems my programmer added 2…

Customer Question
Hi I just lanuched...

Hi I just lanuched a website and it seems my programmer added 2 images that needed a license to be able to put on my website and now the owner of the images are trying to sue us for $6500 they hired an attorney

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No I have not, nothing has been filed in court but they said they will file it they get a settlement before than

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing else

Submitted: 8 months ago.Category: Intellectual Property Law
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Answered in 5 minutes by:
9/29/2017
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 12,231
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 8 months ago
i accept
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Many times people get demands like these from those that supposedly own the images on a website. However, one important thing to keep in mind is that unless you were ordered by the court to do something, you do not have to do it. Also, you can always negotiate the price with these people as well. One of the things that I would recommend is ask them what is the basis for their demand of $6,500. You could suggest that $6,500 would be an appropriate amount it unless they provide you some sort of legal Authority that allows them to request that much, then you should not pay them. On the other hand, you could agree that you will pay them $6,500 but in exchange you should make sure that you require that they will not bring a lawsuit in the future for the use of these images. Did you have any other questions for me at all?

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Customer reply replied 8 months ago
we can talk by text
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago

No problem. I just sent an answer to your question. Let me know if you have any other questions at all.

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Customer reply replied 8 months ago
The attorney said if it goes to court than they will ask for the max $30k, but they said if we settle for $6500 the will not pursue the lawsuit
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago

That is typical posturing by an attorney. A court would probably not allowed them $30,000. This is just an effort to attempt to get you to settle. I would work on offering them some lower amount of money to help settle the claim. The cost, time, complexity, and expense of having to go to court is usually not worth the effort. There's a good chance that that attorney is going to advise his or her clients to just go ahead and settle for that amount.

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Customer reply replied 8 months ago
they are saying if I go to court that they will ask the court for me to pay for legal expense that the client is enduring?Where can I find the laws of copyright? I also am trying to find where I get a copy of the images that were on my website since the programmer did all image uploading
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago

One of the best resources that I have found is through Stanford University. If you click hear you, you can learn a little bit more about the Copyright Act and what are some exceptions as well. You can also go to the United States. One of the best resources that I have found is through Stanford University. If you click here you, you can learn a little bit more about the Copyright Act and what are some exceptions as well. You can also go to the us copyright office for more information as well.

Also, it's relatively common that they will threaten you with having to pay the legal fees as well. In my experience, they want to settle and they don't want to have to go to court. I would use the $6,500 as a starting point to kind of find out what's going on. You can also kind of find out what their interests are. Maybe it would be easier for you to just take down the images all together and they may count that towards what they are demanding from you.

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Customer reply replied 8 months ago
okay thank you..
IP Lawyer: Legal Eagle, Lawyer replied 8 months ago

The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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