Consequences of not following third party photo usage restrictions

Stephen Gillen

Stephen Gillen

Q: What happens if, notwithstanding your best intentions, a 3rd party photo usage restriction escapes your notice and your lapse is detected by the photographer or stock agency?

A: Steve Gillen, lawyer and partner in the intellectual property firm of Wood Herron & Evans:

“Well, about the best you could expect is that you will be deemed in breach of your contractual commitment and held to account for what you should have paid for the uses you actually made. More likely, however, is a claim that you have made an unauthorized and infringing use of a copyrighted work outside the scope of any license you might have had. In this event, the copyright owner has some very potent strategic advantages and remedies at his/her disposal: [Read more…]