Attorney Steve® Photo Enforcement Essentials - Top 11 Excuses for Photo Infringement that probably won't work.

The Top 20 Excuses for Photo Infringement that probably WON'T WORK!!!

1.   I did it by accident, just wasn’t thinking

2.   I didn't mean to infringe anyone’s rights (no intent to harm). Note: Copyright law is known as a "strict liability" offense. Intent only goes to the issue of damages.

3.   The photo is not very creative or original. Note: the U.S. Copyright Office has a very low bar as to what is considered a “creative work” – not the best defense.

4.   I immediately took down the picture after receiving the cease and desist letter or takedown notice. While this is good it does not prevent a copyright infringement claim.

5.   The picture was resized into a thumbnail (defense theory may work for a search engine though – check with your copyright legal counsel there was a case on this issue)

6.   I gave a link back to the photographer's website and even cited their name

7.   The web page where the image was posted literally gets no traffic or no hits and I can prove it with google analytics

8.   I didn’t do it, one of my employees or agents must have (ex real estate agents)

9.   I could have taken a photo just like that myself with my iPhone (ex. San Francisco Golden Gate bridge). The question, why didn’t you?

10. I don’t make a single penny from the use of the photo (often raised by someone who had the image posted on a business website for a number of years)

11. I posted a disclaimer that this was “not our image”

12. I had no way to know this was copyrighted, they did not use the copyright symbol

13. The pic is embedded on Facebook or Instagram's server (not on mine), they are responsible. Note, they have DMCA registered agent and “safe harbor” protections. You don’t.

14. It was only posted for a few days

15. We didn’t do it, it was our social media company or webmaster (principle-agent)

16. I found the photo in a google image search and it said licensed for reuse (note: google images has a warning that images may be subject to copyright law)

17. Let them sue me, I will just shut down the company (don’t forget, officers and directors can be held personally liable if there is “willful” infringement, which normally includes reckless disregard of the rights of the artist.

18. I found this on a free image website

19. The photo said it was governed by a creative commons license which I thought was to allow me to share and use it?

20. If the photo is shared on the internet isn’t this in the public domain?

For more information and to discuss our contingency fee photo infringement collection service email us through our website at VondranLegal.com.

We can help collect fees for unlicensed posting, distribution, and display of copyrighted images, illustrations, artwork, painting, videos, drone aerial footage, and more.