by nicky.androsov
15. October 2011 21:58
We have had a few clients who have purchased images but then receive demands for backdated royalty payments over their use of the images on their website. How can this be avoided?
The first step is to check the usage rights for those images. For example:
• Are there any limitations on your use of the image?
• Are you able to use them on your website? Any other website?
• Is the use limited to a specific time period, after which you need to pay an additional fee if you wish to continue using the material?
• Have you obtained the images from a reputable source/from someone who has the right to sell the image to you? Images can often be sourced by website developers, but their licence may not cover the use of the image on your website.
If you do receive a claim regarding unauthorised use, you should:
• Suspend use of the image while you investigate;
• Contact the third party who supplied you with the image to ascertain how the problem arose;
• Do an internet search to see if anyone else is complaining of a similar problem with the photo agency in question and how they have dealt with it.
In most cases removing the image should be sufficient, but if not you will need to consider settling. It should be possible to negotiate the amount due.
