Thank you for the clarification on the case being just a reference case, I thought it was one she had been involved in.
BuddhaPi, I knew you would inform any of your clients as to the dangers of pictures off of the net, but I wonder how many others do. I know when I was having my site designed, I had 3 face to face meetings with the designers and never once was I told about this, but in fairness to them I provided all the images which were all shots I took of my work. But still, if I had been told about it I would have never looked for a “free” picture to use in my blog a year later.
I imagine it would be frustrating to warn people and have them not listen. If they are not listening either they don’t care about infringement or they think it will never happen to them, which is just as bad as it means they know it’s wrong but they are playing the odds that they won't get caught.
A couple of quick notes to add..
This was just a referenced case on the photoattorney.com site, Carolyn was not involved in this case, nor does she state this..She or Leslie Burns whom assisted with the article did however pick a really bad example, certainly not a "win" I would be bragging about, and I would venture to guess Corbis would like like to see anymore of these "wins"..
Now onto the web designers and developers, and I'll speak for myself here, but I find that even educating and "providing a warning" generally falls on deaf ears although I try my best to give them fair warning. I have all of my clients supply any images to be used with the exception of layout elements, that I may create from scratch, if they don't supply me images, they get no images, it's as simple as that. I also go the extra step in my contracts to state that my clients will hold harmless my company should any issues arise. I'm considering requiring clients to supply me with license / reciept copies to keep on file, so I know they have obtained images properly, but at this point I think it would be overkill.. Bottom line is today's web developers need to change with the current environment, to be proactive in not just protecting themselves, but also in educating their client base to the best of their abilities.. Something the stock photo industry refuses to do. Besides these forums I find myself discussing this issue almost on a daily basis, and if I was confident in my public speaking abilities I would go so far as Jerry ( McFilms) and address meet-ups and groups in the area. I would hope that most if not all legitimate web designers/developers are already aware of these issues, but we'll always have the fly-by-nighters and side businesses that won't know any better..
There is a lot of information here and I will be going back and re-reading it again to take it all in but this was indeed a very costly win for Corbis.
It is also very interesting that they found they web designer partly liable especially since it was not proven who provided the images as each blamed the other. Perhaps web designers should start providing a warning about copyright infringement and the dangers of the so called “free” images and not using anything unless you created the image or got it from a government site where the images are copyright free.
Matthew once again hit the nail on the head; while Carolyn E. Wright can say that this was a win for her, I’m not sure how current or potential clients would feel about her abilities if they knew the win ended up costing her client (Corbis) a 127k.