I am a web designer and created a website for a voluntary organisation here in the UK demonstrating about the inequality in Zimbabwe. They forwarded me an email they have received where 2 images have been used on their website. One is of a riot and the other is of Zanu with some editing. It is not for me to say whether these images are right or wrong but simply to set up their website for them to include their blogs. So their blogs include their own sourced images and they have control / administration over the blogs. I simply created the website and my company deal with the hosting of the website.
The main administrator contacted me and forwarded the email from PicRights advising of the infringement. Obviously, this is their issue as they add the blogs and pictures, but i feel responsible for assisting them if i can. I have constructed an email to them to forward to PicRights stating:
"any infringement on our part occurred unknowingly and wholly unwittingly, based on a mistaken assumption that the image was being made freely available by the copyright owner. We were completely unaware that the use of this image was unlawful. A previous member of our voluntary organisation sourced these photos and we had no knowledge that they were copyrighted and no reason to suspect they were not to be used when they created the blogs that these images are attached to. The images have been removed and we offer our apologies for this."
I wondered if someone could kindly offer some advice or guidance for me to offer to this voluntary organisation.
Image Copyright Infringement for The Associated Press
Re: Image Copyright Infringement for The Associated Press
Hi tara,
As you are probably aware the outcome of this will entirely depend on the goodwill or otherwise of PicRights. From experience I would not expect them to withdraw the claim just based on this explanation. Copyright infringement is a matter of strict liability and the motives or beliefs of the alleged infringer don't really come into the equation unless there is a legal exception which could apply. In this case I can't see any of the exceptions being relevant.
I don't think you or your company are liable as you were working on the client's instructions and with images supplied by the client. I appreciate that you are trying to help your client but it is their problem. As the hosting service you acted promptly to remove the disputed images once you were made aware of them and so you face no ongoing liability on that specific issue.
If the voluntary organisation is prepared to fight it there may be an argument to say that, if they are an unincorporated body, they (the voluntary organisation) are not liable for the acts of its individual volunteers, but it's not a strong argument, especially as the organisation has control over the website.
Sorry not to be able to offer more positive advice.
As you are probably aware the outcome of this will entirely depend on the goodwill or otherwise of PicRights. From experience I would not expect them to withdraw the claim just based on this explanation. Copyright infringement is a matter of strict liability and the motives or beliefs of the alleged infringer don't really come into the equation unless there is a legal exception which could apply. In this case I can't see any of the exceptions being relevant.
I don't think you or your company are liable as you were working on the client's instructions and with images supplied by the client. I appreciate that you are trying to help your client but it is their problem. As the hosting service you acted promptly to remove the disputed images once you were made aware of them and so you face no ongoing liability on that specific issue.
If the voluntary organisation is prepared to fight it there may be an argument to say that, if they are an unincorporated body, they (the voluntary organisation) are not liable for the acts of its individual volunteers, but it's not a strong argument, especially as the organisation has control over the website.
Sorry not to be able to offer more positive advice.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: Image Copyright Infringement for The Associated Press
Hi Andy
Your response is massively helpful and kind of you to do so. This organisation are trying to stand up for human rights in Zimbabwe and so feel very strongly about this subject and just ordinary people who wouldn't have given a second thought if a photo is available to download and copy on the internet then it must be freely available. So a huge oversight on behalf of the organisers for not scrutinising what goes on their website and making sure there is nothing breaching copyright - furthest thing from their minds.
I have passed on your advice and suggested they go through and check everything else their guys have put on.......
On a personal note i am now far more aware of this situation and will ensure to pass on to all website owners that they must have the permissions to use any pictures on their website with no exceptions. Not sure - don't use it!
I don't like the way that PicRights goes about this but i do understand the reasons behind copyright.
Your response is massively helpful and kind of you to do so. This organisation are trying to stand up for human rights in Zimbabwe and so feel very strongly about this subject and just ordinary people who wouldn't have given a second thought if a photo is available to download and copy on the internet then it must be freely available. So a huge oversight on behalf of the organisers for not scrutinising what goes on their website and making sure there is nothing breaching copyright - furthest thing from their minds.
I have passed on your advice and suggested they go through and check everything else their guys have put on.......
On a personal note i am now far more aware of this situation and will ensure to pass on to all website owners that they must have the permissions to use any pictures on their website with no exceptions. Not sure - don't use it!
I don't like the way that PicRights goes about this but i do understand the reasons behind copyright.
Re: Image Copyright Infringement for The Associated Press
So as expected they have come back and said thank you for removing the picture but obviously still want some compensation:
"It is up to the owners of any website to ensure they have appropriate permission for every single image on their website – ‘appropriate permission’, in legal terms, means either direct permission from the copyright holder (the photographer), or a licence from a legal representative of the copyright holder (such as AP is with respect to the images at issue). The lack of proper due diligence by the owners of http://www.cccreading.co.uk/ does not mean our photographers should not get paid for the past unauthorised use of their work.
After further review of your email I was able to offer you a 21% discount on the original request for payment as per your NPO status. We are willing to settle this matter for £ 250 in settlement if payment is received by 24th November 2022."
This still seems a lot for a small voluntary organisation to stump up. I was wondering about suggesting they offer £100 in full and final settlement?
Thoughts would be much appreciated.
"It is up to the owners of any website to ensure they have appropriate permission for every single image on their website – ‘appropriate permission’, in legal terms, means either direct permission from the copyright holder (the photographer), or a licence from a legal representative of the copyright holder (such as AP is with respect to the images at issue). The lack of proper due diligence by the owners of http://www.cccreading.co.uk/ does not mean our photographers should not get paid for the past unauthorised use of their work.
After further review of your email I was able to offer you a 21% discount on the original request for payment as per your NPO status. We are willing to settle this matter for £ 250 in settlement if payment is received by 24th November 2022."
This still seems a lot for a small voluntary organisation to stump up. I was wondering about suggesting they offer £100 in full and final settlement?
Thoughts would be much appreciated.
Re: Image Copyright Infringement for The Associated Press
Hi Tara,
It's certainly worth making a counter-offer. If you are able to find the cost of a licence from AP for the image concerned, that is the amount that the photographer and AP would have earned had the image been licensed correctly and so it should form the basis of a counter-offer. Civil claims are not a means of administering punishment, especially where the wrong appears to have been inadvertant.
It's certainly worth making a counter-offer. If you are able to find the cost of a licence from AP for the image concerned, that is the amount that the photographer and AP would have earned had the image been licensed correctly and so it should form the basis of a counter-offer. Civil claims are not a means of administering punishment, especially where the wrong appears to have been inadvertant.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: Image Copyright Infringement for The Associated Press
Andy
Thank you so much for your response, once again much appreciated. It is rather difficult to find out the information as to how much they should have received, Neither myself nor the website owners have a clue how to do this. So i suggested an offer of £75 in full and final settlement. Let's see if they accept, they can only say no and demand more but it's a starting point i thought and shows willing that they accept they have done wrong and willing to pay something.......
Thanks again Tara
Thank you so much for your response, once again much appreciated. It is rather difficult to find out the information as to how much they should have received, Neither myself nor the website owners have a clue how to do this. So i suggested an offer of £75 in full and final settlement. Let's see if they accept, they can only say no and demand more but it's a starting point i thought and shows willing that they accept they have done wrong and willing to pay something.......
Thanks again Tara