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Author Topic: Image used was part of our Portfolio  (Read 3752 times)

Rusty Shakelford

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Image used was part of our Portfolio
« on: July 02, 2013, 02:51:25 PM »
Hey everyone.  I just got my first Extortion Letter for a tiny image on our site, and have a clarifying question.  The Getty image was used in an Ad we designed for a client over a year ago, and we displayed that Ad in our portfolio of previous work,,  Would this still be considered a copyright violation?

Thanks for your time!

brianjclark

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Re: Image used was part of our Portfolio
« Reply #1 on: July 02, 2013, 06:38:53 PM »
I would expect them to claim it is, as you "stand to make money or benefit from it".

They will probably also pursue the customer of yours as well claiming he is benefiting from it too.

If its any consolation, I just think of that pine tree shaped air freshener they got sued over.  Poetic justice...

Jerry Witt (mcfilms)

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Re: Image used was part of our Portfolio
« Reply #2 on: July 02, 2013, 08:37:29 PM »
The way MOST of the industry works is that images you license for a larger project ARE allowed to be displayed as a portfolio piece. I think there is actually a legal precedent for this (But I'm not 100% sure and not a lawyer). However, I also know that Getty's record on this is rather sketchy. When you inform them that this image WAS licensed and you have permission to use it in your portfolio, I would be very interested to hear how they reply.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Robert Krausankas (BuddhaPi)

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Re: Image used was part of our Portfolio
« Reply #3 on: July 03, 2013, 08:43:55 AM »
I'll take  a stab at their reply: "This image is "Rights Managed" and a licence must be purchased for each use" or something along those lines. I " think" (I'm no lawyer either) if there were some commentary along with the image, one "might" be able to argue fair use in this instance..
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

SoylentGreen

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Re: Image used was part of our Portfolio
« Reply #4 on: July 05, 2013, 11:14:19 AM »
It's actually very common for these companies to claim infringements with regard to works in a "portfolio".
Masterfile is well-known for this practice.

As usual, the real concern is not speculative lawsuits in most cases.  They would be unlikely to sue.
It's all the harassment and threats along the way that are a real pain.

S.G.


Oscar Michelen

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Re: Image used was part of our Portfolio
« Reply #5 on: July 07, 2013, 02:05:49 PM »
It really all depends on the license you paid for when you licensed the image originally. But the current use is so minimal, part of an ad that is part of your portfolio, that any damages would be miniscule. Getty will not likely pursue this in court.

 

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