One may think that if an image appears online, it is fair game to copy that image for your own use. This practice, however, can expose you and your company to liability for copyright infringement. A timely filed copyright registration is a powerful asset, as it allows the owner to pursue statutory damages in a sum of not less than $750 or more than $30,000. In circumstances where the infringement was willful, this amount can be increased to $150,000 per work. In other words, an infringer of copyrighted work could be liable for damages between $750 and $150,000 per work infringed, and no actual damages need to be proven by the copyright owner.

Copyright infringement issues often arise in circumstances where an individual copies an image from the internet and uses that image on their website or their company’s website. For example, many times this image use could be seemingly harmless in a company’s blog or a social media post. Some may also think that providing attribution to the owner avoids copyright infringement liability – however, this is not the case as permission from the rights holder is always required. In other circumstances, the individual may have had no idea that someone else owned the rights to that image; nonetheless, he or she has exposed their company to a copyright infringement claim from the image owner.

Copyright owners actively police unauthorized usage of their works on the internet. There are various services designed to efficiently locate and identify instances of unauthorized image use on the internet so that the owner can approach the infringer with a settlement offer coupled with a threat to file suit.

Some tips to avoid such liability are:

• Always assume that an image you find on the internet is copyrighted and owned by someone else. You need the copyright owner’s permission to use the image.
• Consider sourcing images from various image licensing services – there are even many royalty-free image sources available. Make sure that any licensing requirements are satisfied (e.g. attribution, copyright notice, etc.)
• Take your own photographs or create your own original images.
• Perform regular audits on your company websites to ensure that no infringing images are displayed.

If you find yourself in a situation where you are being accused of copyright infringement, it is important to seek legal counsel immediately. Depending on the circumstances, there are various legal defenses that can be used to lessen your legal liability, negotiate a lower settlement value, or even avoid liability altogether. On the other hand, if you are creating content that is available online, it is wise to promptly file for copyright registrations to protect that content. The experienced attorneys at Tucker Ellis are ready to assist you with navigating these complex legal challenges and protecting your rights.