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1

Legal Controversies Forum / Use of copyrighted images for educational use - legal?

« on: November 19, 2012, 07:12:44 PM »

Hi, i sometimes uses Goggle images (that may be copyrighted) for educational use:
- no sale
- examples for my students
- etcs
- no distribution
- only published on students school-owned website

Am i in an infringment situation?

Thanks!

2

Getty Images Letter Forum / Claim from Masterfile Canada - Help needed from Oscar - Can pay.

« on: November 12, 2012, 10:33:10 PM »

Hi, four years ago, ive searched thru the Internet for a small photograph to complement my visual for a website i was doing.
I found one, cropped it a bit and placed it on the home page, where it is nowhere near of dominant.

It came up that that picture was (you guess it) copyrighted by Masterfile. And my client received a claim from Masterfile. After some researches, Masterfile was right. This i dont deny.

Some facts:
- the culprit image fills very liitle of my main visual of the main page
- the image does not appear on other pages
- the image was there for 4 years
- the image does have a link with the business my client runs
- my client is a social club, they make no money out of that, only memberships
- the image was quickly removed (within minutes ive received the letter). Removal confirmed by MF.
- the WHOLE website drags about 3000 request per months, mainly from local members looking for their schedule
- i can honestly say it was in innocent infringment
- ive bought some images from MF before
- MF asked to more than several thousands $ initially then reduced to to 1/3 after my acknowledgement of the infraction.

Their policy in case of infringment is either $1500 OR 3 times the cost of the rights, if they would have been paid.

- I counter-offered what Oscar suggests. Offer they refused, sending me back to their $2800
- I am willing to pay but a reasonable price

Questions:
1) What to do next?
2) Any suggestions?
3) What are my chances of being sued?

Thansk for your help.