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Share a photo, get slapped with a lawsuit: copyright attorneys look for unauthorized use

Advice on what to do, what to avoid
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Posted at 4:20 AM, Nov 29, 2023
and last updated 2023-11-29 09:22:00-05

So you find an image online and want to post it or share it. Do you ask for permission first?

Rob found a photo on Facebook and used it in a post. It was Memorial Day and the photo showed a cemetery where those who served in the military were buried.

"It just touched me... I shared it to our company page, in honor of our three boys in the military and forgot about it," he said.

Picture a cemetery at dusk with rows of tombstones and an eagle perched on one.

I'd show you the photo, but that's the issue here.

What can happen if you use an image without getting permission?

Rob tells ABC15 two years after using that cemetery picture, he got an e-mail from an attorney.

"Out of the blue, stating unauthorized use of the photo. And they wanted $7,000 ....It instantly freaked us out. It was terrifying," he said.

Rob says he apologized, found the photo and immediately removed it.

It wasn't enough.

In a follow-up e-mail to Rob, the attorney writes: "The issue of damages is still outstanding."

The attorney talks of courts awarding $30,000 in one case, but their client would settle for $7,500.

"I just innocently shared it to our Facebook page, and forgot about it," said Rob.

Daniel Noblitt is a Scottsdale Intellectual Property Law attorney who says newer tools make finding images much easier.

"Automated search bots that go out and crawl the internet," he says.

Noblitt is not associated with Rob's case but does represent image owners and those accused of using without authorization.

He says copyrighted images don't have to show a copyright symbol and just removing the image may not be enough.

"Most images out there are copyrighted, meaning that whoever took the photo probably owns the copyright or their employer does. And if they catch you, they can come after you," said Noblitt.

But a $7,500 email demand from somebody you know nothing about?

Are they legit?

I'd never just blindly pay it. I also would not ignore it.

We reached out to the attorney who says the image has a registered copyright.

She says her client is "upholding the integrity of the photo and would not be opposed to discussing licensing or formal request for use, but she strongly disapproves of any unauthorized use... of the photo."

Noblitt advises clients not to pay a large initial demand.

If you did use the image, ask for details.

"If you can demonstrate that you are, in fact, the copyright owner, if you can demonstrate that you have registered it and a series of other things," he advises.

Then he says to be open to paying a much smaller amount.

If you ignore it, Noblitt says you could face a lawsuit, or they may decide it's so small that it's not worth pursuing.

It's something Rob is hoping for.

"We had no intent to do anything to anybody. And it was just an innocent mistake on our part," he says.

Take no chances.

If you really want to use an image found online, there are licensing places to go and pay for copyrighted image uses.

My advice: stick with your own photos or those you know you have permission to use.

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