Recently, our firm has seen an increase in correspondence from companies like Getty Images, PicRights and Copytrack alleging infringement of copyright and requesting compensation. Business owners weary from endless scam and spam emails might just hit the delete button – but there is reason to be more cautious.
In one particular instance, our office received an email advising we were likely using an image on our website without the proper permission. The owner of the image specifically wished to enforce their image rights within Germany – where the alert could be accessed.
The email also bore some markers of a scam email that caused concern. These included: atypical phrases; an urgent deadline to respond; a repeated request for payment; directions to use various links included in the email. But a specific image was identified (one used as the cover image for a legal alert like this one) and a Google search revealed that the sender was a real company. So, the issue warranted a more considered approach.
Our records showed that the image was originally sourced from Canva through a Pro Content subscription we maintain, and as a result we had a perpetual, non-exclusive and worldwide license to use the image, so we responded accordingly and notified Canva of the demand and our response.
Copyright Law Basics
Copyright is a type of intellectual property that protects original forms or expressions of ideas or information, but not the idea or information itself. The owner of copyright has certain exclusive rights over the copyright work – both economic and moral.
Usually, copyright is infringed where someone other than the owner uses the copyright material without their permission. So, if you are using images from an online platform without the appropriate licence or authority, you are likely infringing copyright.
It is also important to note that copyright laws vary from country to country. As in our experience, you may be notified of a possible infringement of a copyright in a different jurisdiction. In these cases, the Copyright Act 1968(Cth) – which governs the protection of copyrights in Australia – may not be applicable.
If the rightful owner of a copyright were to bring an action for infringement of their copyright, remedies might be available to them. The relevant court in the relevant country may choose to grant an injunction to prevent further infringement, avoid additional loss, or award damages as compensation for loss suffered by the owner, or require that the infringer be stripped of any profits made from the infringement.
What can you do?
You should always keep an accurate record of all the material used in your company’s website and social media. These records should include:
- the date you acquired the image or medium; and
- the place you sourced the image or medium from; and
- the licence governing the use of the image or medium for your purposes; and
- any other relevant details.
So, if you ever receive an email or other correspondence like the one described above, you can easily refer to your records and confirm or deny the claims of the sender.
If you have already received such an email – although it may refer to a legitimate infringement – you do not need to simply pay what the sender is asking without further investigation.
If you require further guidance, we recommend reaching out to our capable Intellectual Property + Technology Team who can attend to your enquiries and advise you on what action to take.
Alternatively, if you own a copyright which has been infringed and you wish to take action, our team can assist you to pursue your claim efficiently and legitimately.
For further information contact Ben Gouldson.
The assistance of Hugh Jubb, Legal Assistant, in researching this article is gratefully acknowledged.
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