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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, my question is regarding copyright law and internet images.

Resolved Question:

Hi, my question is regarding copyright law and internet images. in 2012 an image from a plant retail site was downloaded and inserted into a blog on my web-site (this was a plant of the month blog from a design perspective, I don't sell plants). I've been contacted by someone who says they own the copyright and a demand for £200. I now realise I was in breach of copyright, I have apologised and removed the image. I am not trying to avoid paying but how do I know who owns the copyright (?) as it's not the retail site who are pursuing this? I have asked for proof and an invoice - so far all they have sent is a screen shot from Picasa 3 software with a offer to send a hi-res image???

Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was this your blog or someone else's please?
Customer:

my blog.

Alex Watts : You just took the Image online?
Alex Watts : I am just on the train so may be in and offline.
Alex Watts : Ok.
Alex Watts : You just for
Alex Watts : Have they provided any evidence they own the imagine or just said so?
Alex Watts : Did you contact the owner if the website for the image you used and ask permission?
Customer:

Ii downloaded the image from a plant retail web site

Alex Watts : ok
Customer:

they have sent a screen dump of picasa 3 and have offered to send over a hi-res image - how does this prove ownership I could do that with any image from my camera-

Alex Watts : It does not, you should ask for proof.
Alex Watts : IF yhey
Customer:

I didn't ask permission from the retail web-site - didn't realise I needed it!

Alex Watts : If they do not provide it you do not have to pay.
Alex Watts : Ask to see the licence agreement for the pic between them and the retail website.
Customer:

what would constitute proof - this is my problem?

Alex Watts : If they can't provide it then they can't prove ownership.
Alex Watts : An agreement to start with
Alex Watts : They should have the original image with image number or date on it.
Alex Watts : Then you know.
Alex Watts : Also the agreement with the retailer.
Alex Watts : They must have had a licence to use the image
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : Or you could co t
Alex Watts : Or you could contact the retailer and ask them where they got it from
Customer:

how would I know it's the original image? I'm reluctant to contact the retailer as I concerned this will escalate as I have have breeched somebody's copyright!

Alex Watts : Just say you like the image and want permission to use it, who do you contact
Alex Watts : Ic th
Alex Watts : If the retailer owns the Image they will say.
Alex Watts : If the retailer does not they should give you the originator information.
Alex Watts : Does that help?
Alex Watts : In any event this other company have to satisfy you they own it, a screen dump is not enough. They will have a dated image so you can see the true date it was took
Alex Watts : Anyway they need to show a loss of £200. If they can't prove they have lost £200 they can't claim it
Alex Watts : Can I clarify anything else.
Customer:

no , I think that's ok, thanks.

Alex Watts : Great, if I could invite you to rate my answer before you leave today.
Alex Watts : If the system won't let you please do say.
Customer:

will do - how do I keep this info so that I can refer to it?

Alex Watts : Once you rate the format chances and you can come back to the page at any time or copy and paste it
Alex Watts : If you need more help please click reply.
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