Be sure you have the right to use images, photos, graphics and other materials on your company’s website. Even if you hire a third party developer to design your website, you are still liable for copyright infringement if you in fact do not have the right to use images, photos, graphics and other information in your company’s website. There are a number of stock photo companies which, for a fee, grant a license for you to use the stock images, photos and graphics.
There is a company called Getty Images which buys and owns a large amount of the images, photos and graphics which are seen on the Internet. It is my understanding that Getty Images has sophisticated software which scans the Internet, and has the capability of locating websites which use images, photos and graphics that do not have licensed rights to do so. Getty Images then sends threatening demand letters, asking for a substantial sum of money for each image, photo and graphic used in order not to sue for copyright infringement. Accordingly, in reviewing your company’s website, be sure to have license or other rights (or use your own material) to use the images, photos and graphics displayed there. If you use a third-party to develop your website, be sure to stress the importance of using images, photos and graphics where you have a legal right to use them. It is possible to obtain an indemnification agreement from the third party website developer, indemnifying you or your company if images, photos and graphics are used without the right to do so (although indemnification is only as good as the third party website developer is able to reimburse you).
© Walling Law Firm, P.C. 2014