+ Ask the Lawyer
Don’t Commit
Copyright
Infringement
by Mistake
Find out what exactly copyright infringement is so
you don’t find yourself in the middle of a lawsuit.
In order to convey the best marketing message for her firm, a friend told me that after many hours of
research finding just the right photography online and subsequently activating her website, she was
threatened with multiple lawsuits for copyright infringement by photographers, Disney World and
Universal Studios. The photographs she selected were among the thousands of cityscapes, amusement
parks and other Orlando themes. I’ve always believed photos on the internet were public domain and
for anyone’s use. Is it true that if someone displays photographs on their website copied from the
internet, they could face financial penalties and legal prosecution for violation of copyright laws?
Q:
By Kristen M. Jackson, Jackson Law P.A.
A:Simply put, yes. Most
people don’t realize that
to use somebody else’s
photography as reference for their
own website marketing, published
advertisements or generating a
painting, they need permission
from the photograph’s owner. Alternatively,
if you’re copying a photograph
only to convey an interest to
a family member, friend or a business
constituent on social media,
you’re not necessarily in violation,
provided you’re not trying to profit
from them.
12 Central Florida Lifestyle | September 2019
It’s important to understand what
copyright is before you find yourself
violating it. Copyright is a form of
intellectual property that provides
the creator of original work exclusive
rights to that work, including its publication,
distribution and adaptation,
after which time the work is said to
enter a public domain such as the internet.
Examples of copyrighted material
include photography, computer
software, paintings, music, sculptures
and literary works. Although copyrights
can be registered, in the United
States or in a country with which the
U.S. has a copyright treaty, registration
is not required. Consider the following
example of a lawsuit filed over
misuse of internet photos.
Michelle learned the hard way.
After using a picture she copied from
the internet, the photographer and
legal copyright owner sued Michelle
and won. At first, Michelle believed
she was being scammed by a fake
photographer. After ignoring his notice
to pay for use of his photo or face
prosecution, she received a notice of a
lawsuit filed against her for copyright
infringement. Michelle still didn’t believe
anyone would demand she pay
$2,000 or face prosecution for using
a single photograph found online.
Reality set in when Michelle was subpoenaed
to appear in court to face her
accuser. A photo that would have only
cost $3.50 on a stock website resulted
in Michelle paying her attorney and a
settlement to the photographer in the
amount of $37,000.
You can’t use a photograph found
on the internet for personal gain. If
you want to use photographs or other
forms of artwork in the development
of your website, advertisements or
marketing plans, there are many websites
from which you may purchase
photos for a nominal fee, such as
Shutterstock.com, iStockphoto.com
and depositphotos.com. Alternatively,
pick up a camera and take your own
photos.
Kristen M. Jackson is the founding
partner of Jackson Law PA
(407-363-9020). She is experienced
in estate planning, real estate law,
business and contract law. Her firm
has earned an AV rating by Martindale-
Hubbell signifying the highest level of
professional excellence as obtained
through opinions from members of
the bar and judiciary.
/Shutterstock.com
/iStockphoto.com
/depositphotos.com