I am webmaster for a small amateur theatre company and recently used a picture from Google Images on the website to promote an in-house Family Fun Day.  A few weeks later at the end of August, I received a demand for the sum of £964 for use of the image without payment. I had never heard of the company but it said it owns the copyrights to the photograph. The paperwork states there is no negotiation possible re-their payment demand. It also said it was not acceptable to say it was not known that the image was copyrighted, or that it was downloaded from another web-site, which indeed it had been. There was no intention to defraud anybody but the photo had no rights warning and so I assumed it would be in order to use it. I would willingly pay a few hundred to clear this up, but £900 plus? I am frantic.
Terry Swoffer

Case solved

The image Mr Swoffer used was from Getty Images. The amount demanded by Getty seems to be a standard fee for cases of copyright infringement. Although Mr Swoffer stated that the demand he received said no negotiation was possible, you usually can thrash out an agreement acceptable to both parties. We contacted Getty and the representative told us that it would always try to reach a compromise. It said it realised people inadvertently use its images and in Mr Swoffer’s case there was no malicious intent to defraud the photographer or itself. However it pointed out that if someone uses a photo without permission, the photographer doesn’t get paid his or her royalties so it is very hot on copyright infringement.  We explained he had tried repeatedly to reach the company to no avail. We are happy to report that Getty contacted Mr Swoffer, who incidentally had immediately removed the image from the website, and withdrew its demand for payment.

Although Mr Swoffer said there was no reference anywhere to state that the image had copyright restrictions, it is always best to assume this is the case when using material that is not your own. We should also point out that on Google images it does clearly state those photos are subject to copyright. If you are not sure don’t use the image. The same rule of thumb applies to music, videos, works of art, published text etc.

The 1988 Copyright, Designs and Patents Act
UK copyright law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. The Intellectual Property Office (IPO) has more information www.ipo.gov.uk/copy.htm