If I receive papers that I am being sued for an image on my business website, that was placed there by the web designer, what should I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I receive papers that I am being sued for an image on my business website, that was placed there by the web designer, what should I do?
I received a document saying I was being sued for having an image on my website, that was placed their by a web designer that I paid. The letter was a cease and desist of using the image and that because I used it, I know owe the photographer $1,185. I didn’t know that the image was copy written because I wasn’t the person that got the image from the internet. What steps should I take and am I responsible or should the person that designed my web site be responsible?
Asked on June 5, 2012 under Business Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have receive an actual summons and complaint, start by filing an answer denying liability--if you fail to answer, you will lose by default. If you received simply a demand letter, let the other party know that you had no idea the image belonged to somone else because a designer put it up for you, provide them the designer's contact information, and tell them you'll take the image down immediately. If you did receive a complaint and answered it, you can then also let the other party know this, in the hope they will dismiss their complaint.
If the other party (the owner of the image) is determined to sue you, they can--as the website owner, you are responsible for the images on it. They could only seek the actual fair value of their image, which is likely substantially less than they are demanding, and will have to prove that fair value.
You in turn should be able to sue the designer for his/her negligence (or carelessness) in exposing you to liabilty, and/or for breach of contract, since in purchasing a website, a design, and/or images from him or her, you were purchasing ones which you could legally use--providing ones you could not use would be a breach of contract. You should be able to recover any of your own losses from the designer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.