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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Dear Sir I would like to ask an expert regarding copy right

Customer Question

Dear Sir
I would like to ask an expert regarding copy right issue over internet.
I have submitted my art work at fotolia.com a few months ago and recently I have found a copy of my work in a website. I was never informed by the website regarding this and I wonder if that constitutes a violation of copy right.
According to the terms and conditions of the website:
"3. Use of Works
You may only upload or download Works to or from the Website in accordance with the terms and conditions of this Agreement and of an applicable Content Upload Agreement or Content Download Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website unless you enter into a Content Download Agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable Content Download Agreement.

You acknowledge and agree that no ownership of any Works can be transferred, and that no sale of any Works can be effectuated, on or through the Website. Only the rights expressly sublicensed in an applicable Content Download Agreement are granted on or through the Website. You acknowledge and agree that Fotolia.com or its licensors retain all ownership rights in and to the Works, and that such Works are covered and protected by copyright, trademark and other intellectual property rights of Fotolia.com or its licensors."

I shall wait for the response by your expert.

Best regards.
Ms Irina Juskajeva
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

You have sub licensed your work to the website. The website then are responsible for sub licensing it further.

What the clause above says that any work licensed by the website can only be used for the purpose agreed in the license.

The question is when you loaded your work onto the site what permission did you give the site to use it for?

Essentially what has happened may be a violation of copyright however were you paid a fee for this?

Also did you sign any terms and conditions with the site?

Kind regards

AJ

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