3rd party software package

[webmaster888]

Just received a notice from GI concerning a dormant site built back in 08.  The image in question is part of a software package the we purchased for use on the site.  I have questions, and couldn't find anything searching the forum, on the 3rd party issue. 

As developers/site owners are we really legally liable to verify that every image used by a 3rd party and put on our site has a valid copyright?  Wouldn't the 3rd party be liable for redistributing the image without a correct license? 

If the site owner is liable is there any precedent for getting the license fee back from the original 3rd party?

[Robert Krausankas (BuddhaPi)]

I'll take a stab on this, even tho I'm a bit confused ( or maybe just braindead)..... If you purchased a software product and took a picture of the packaging and used that on your site, then you would own the copyright, however this could potentially open a can of worms in regards to trademark infringement, such is the case Getty is being sued for with the little smelly trees.....more at the link below

http://www.scribd.com/doc/67629206/Decision-Tree-Freshner-Getty

On the other hand is the software company supplied you with the image in question to use on your site, AND it was a Getty image, they would need to have a valid license to use the image HOWEVER if they did have a license, they are generally not transferrable, meaning just because they have a license, does not give them the right to give you permission to use it.

Have you been able to locate this image anywhere else? is it widely used? is it available on other stock photo sites?

[Jerry Witt (mcfilms)]

I'll take a stab too. Although take this for what it is, layman's opinion and not legal advice.

As developers/site owners are we really legally liable to verify that every image used by a 3rd party and put on our site has a valid copyright? 

Technically, yes. You are responsible for the content you publish. However if you have documentation that you have previously purchased the images as part of some software or image template, it would e hard to collect from you in my opinion.

Wouldn't the 3rd party be liable for redistributing the image without a correct license?
Yes. The stock companies letter probably recommended that you should pursue them. I would contact them to see what they have to say about this and if they have properly licensed the image. But I don't think you need to threaten to sue them.

If the site owner is liable is there any precedent for getting the license fee back from the original 3rd party?

I don't know, but this sounds like a you are already assuming guilt. There is a looooong road to get to the site owner actually being found liable. The extortion letter play is to give you the impression that you have no options but to pay. Of course you have options. By all means contact the company that sold you these images. See what they say. Tell GI that you will require them to provide proof that they have produced the images themselves or a chain of title that makes them the copyright owners. Ask them if the image has been registered with the US Copyright office. And by all means, do not rush out and cut a check. This is a long process and, if you read this site, you'll see that it is very unlikely they will file a suit against the site owner.