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Header Image Copyright

Discussion in 'Legal Issues' started by MaseratiGTS, Jul 5, 2013.

  1. #1
    Hello all,

    Yesterday, one of my clients got a letter from another website owner; claiming they are going to sue over the website design. (Only the header Image was same. Other than that nothing else is shared although it is in the same niche.)

    I helped one of my clients to setup a website; its a custom CMS design. Since I am not a Photoshop expert; I deferred that job to someone else to create nice banner for the website. Apparently; it was exact replica of another website, which I was unaware of. I tried to contact the person who gave me the Banner image; but I haven't heard back from it.

    I have changed the banner of the website within 2 hours of getting the email from my client. I am not too sure if I could anything else in this matter to settle it down.

    The owner of the other website is based in Switzerland and this website is from US.

    Does anyone have any idea / advice how to resolve this matter quickly.

    Thanks for the advice's.
     
    MaseratiGTS, Jul 5, 2013 IP
  2. Business Attorney

    Business Attorney Active Member

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    Generally, the best response to a claim of copyright infringement is to immediately remove the potentially infringing material, just as you have done. Although even an innocent infringer is liable for statutory damages, the statutory damages in a situation like you described would typically not be worth the time and effort to bring a lawsuit.

    The best thing you can do now is to respond to the person who sent you the notice and just say that you outsourced the header design and have removed it from the website, and thank them for bringing it to your attention. Keep it short and sweet.
     
    Business Attorney, Jul 7, 2013 IP
    ryan_uk and browntwn like this.