I appreciate your taking the time to provide more detail. Okay, I’m convinced it’s a potentially serious issue. And wow – sorry you had to go through it! But, also sounds like it had a positive resolution (though I’m guessing getting to that point was no fun…).

Read and heed, everyone. Always ask the origin of any stock photos that appear in any samples you have on your site. And know that should it happen, it’s not a foregone conclusion that you’ll have to shell out money.

PB

And as you’ve probably guessed, it happened to me. And yes it involved an Indian web designer used by someone who I had thought was my friend but who subsequently behaved extremely badly (as with politics, it’s often not the original offence but the attempted cover-up that’s really wrong). I was assured that the pictures were free…and then I get a threatening demand for around £1,500 per image (I’m in the UK) – with four images that’s the equivalent of about $10,000 they wanted. After a couple of legal letters I got them to go away.

But enough people have obviously paid up to make it worthwhile for them to continue making these demands. And now Masterfile and others are copying them.

Anyway, I now warn people to be very careful of using any images anywhere, even the smallest thumbnail or crop. I also recommend clients with websites to use their own pictures where at all possible, not stock photography. And I advise fellow copywriters to be careful!

I’m not trying to minimize the dangers here, but again, in nearly 20 years of doing this, I’ve not only never run into this personally, but up until reading the full account of Chan’s ordeal, had never even heard of it happening to anyone else.

And I think that’s largely the case because the kinds of clients we’re dealing with are much more buttoned up when it comes to covering the intellectual property base as it relates to images when creating marketing materials. Chan’s situation (and apparently many others) are a case of someone hiring a web designer in India, and it turns out that many of these designers have, shall we say, a much less rigorous understanding of, and regard for U.S. copyright law.

But, I’m glad you put this on my radar. It’s good to know this stuff, and, have some perspective to reference should we (or someone we know) encounter such a scenario.

PB

This is actually a major money-spinner for them, prompted no doubt by the decline in revenues of stock photography (given that digital cameras mean almost anyone can take a decent picture). Time was when they would simply ask you to take them down. Now they demand four figure sums and make heavy legal threats if you don’t pay up.

More on this is at: http://www.extortionletterinfo.com/

Knock on wood, but I’ve had samples up for 15+ years, and many have pics (though I don’t know their origin) and haven’t heard a peep from anyone about it.

Though even if someone did hear from them, wouldn’t it simply be a matter of taking it down? And how can they come after you when you’re simply showing an already produced piece, which includes a picture for which the toll has already been paid for that piece?

Doesn’t intent count for anything (as in, simply displaying a piece you wrote in a portfolio vs. reusing a picture you haven’t paid for, in a different project)? I’m probably showing my ignorance here, but sheesh, in cases like that, these people need to get a life…

PB

One caveat, though. Be very careful if you’re showing any part of the work which includes a picture. If the image is a licensed one from someone like Getty, and you haven’t licensed it, even if it’s only the tiniest thumbnail or heavily cropped, you may end up getting a very nasty letter complete with a demand for a large sum of money. Getty and others send out many thousands of these letters to try and intimidate people to into paying (which is another story in itself).

Glad it helped!

PB