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Image Copyright Infringement in India. Can he sue me?

Discussion in 'Legal Issues' started by vortexvibe7, Oct 22, 2013.

  1. #1
    I inadvertently posted an image in my article and it was a copyright image(i mistakenly posted it). Now the owner of the photo is asking me to remove the image (which i did instantly) and also pay for the infringement. I live in India and the owner lives in UK. I would have paid him the money but in India I don't have any credit card to pay from. He threatens to sue me if i don't pay him. What am i supposed to do now? Can he sue me? How shall I proceed? The website server is located in US.
    Please help
     
    vortexvibe7, Oct 22, 2013 IP
  2. Spoiltdiva

    Spoiltdiva Acclaimed Member

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    #2
    The fact that you did remove said image should help you. I very much doubt that he will push the lawsuit. He is more than likely only seeking some compensation from you, thinking it to be easy money. I personally wouldn't lose any sleep over it, good luck to you with all.
     
    Spoiltdiva, Oct 22, 2013 IP
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  3. stoner3221

    stoner3221 Notable Member

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    #3
    It cost a lot of money to sue you especially if you live outside his country. Chances are slim to none he will sue.
     
    stoner3221, Oct 22, 2013 IP
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  4. vortexvibe7

    vortexvibe7 Peon

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    #4
    I'm losing sleep over it because this has never happened before. I'm willing to pay but due to restraints of electronic transfer I can't. For western union one cannot just send money to outside country without being questioned.
    How shall i negotiate with him? Please tell me. I'm very tense about the situation, frankly speaking.
     
    vortexvibe7, Oct 22, 2013 IP
  5. stoner3221

    stoner3221 Notable Member

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    #5
    Just ignore and he will go away.
     
    stoner3221, Oct 22, 2013 IP
  6. WonderingCoder

    WonderingCoder Greenhorn

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    #6
    This guy is a joke. Please, do not give him a dime. Hell, put his image back up on your website, this time just credit the source. (i.e. Picture takers name / Getty Images etc.)

    This is extortion, he's trying to get money out of your with threats. Do not give him a dime, and don't lose sleep.

    A tip would be, somewhere in your website or privacy policy putting a note saying images are not subjected to copyright.
    I have this on my website:
    Important Information:
    Disclaimer: All pictures included in this blog post, and every blog post on 101 Baseball are not liable for copyright, as any copyrighted pictures have the chance to be removed. If you see your picture, or creation, on this site and wish to see it elsewhere, please email the webmaster at providing the link to the post, and the picture will be removed ASAP.
    Thank You - 101 Baseball Management

    Seriously, don't give this guy anymore time. You should have never replied to him in the first place. If you ever get an email like this again, take the picture down and replace it with a different one. He has no proof you put one up. And if he screenshots, anybody can be convinced it's photoshopped.

    Seriously, this guy is a joke. Tell him to screw off our just ignore him.
     
    WonderingCoder, Oct 22, 2013 IP
  7. browntwn

    browntwn Illustrious Member

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    #7

    I don't really care what you do with your website, but you need to stop giving horrible legal advice to others. I could easily take five minutes and report your site and the various infringements to the parties that would do something to stop you. You obliviousness to the law and to its very real consequences makes me thing you are just a high school kid who simply doesn't know better. Here is a tip, you can believe what you want but don't push your bullshit legal theories on others looking for actual advice. Also, don't be an idiot posting links to your infringing site all over the place admitting that you are purposely turning a blind eye and infringing right and left knowingly.
     
    browntwn, Oct 23, 2013 IP
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  8. Agent000

    Agent000 Prominent Member

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    #8
    Worst advice I have seen in a while. What he did was illegally use an image that he had no right to. He did the right thing by removing it.
    If it was me, I would have had the host take the site down. I never have problems getting hosts to take sites down if anyone copies my content or images.

    That disclaimer will not protect you from legal action and will not protect you from having the host take you down. If anything, it will help those who images you stole, as you are admitting that you are knowingly doing ti!
     
    Agent000, Oct 23, 2013 IP
  9. Agent000

    Agent000 Prominent Member

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    #9
    BTW, I see your site is hosted at GoDaddy --- GoDaddy are very co-operative at taking down sites like yours that steal images when requested!
     
    Agent000, Oct 23, 2013 IP
  10. WonderingCoder

    WonderingCoder Greenhorn

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    #10
    sorry guys, I was wrong. Forgive me.
     
    WonderingCoder, Oct 23, 2013 IP
  11. sarahk

    sarahk iTamer Staff

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    #11
    What is wrong with being questioned? You are paying royalties to a copyright holder. Sounds like a standard business transaction to me.
     
    sarahk, Oct 23, 2013 IP
  12. vortexvibe7

    vortexvibe7 Peon

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    #12

    Yes but the place I'm from its a disputed one. There are always second thoughts for the person who sends a payment outside of the country/state.
     
    vortexvibe7, Oct 25, 2013 IP
  13. ryan_uk

    ryan_uk Illustrious Member

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    #13
    I think you are worrying too much. You are no longer using the image, have learnt your lesson (so it seems) and hopefully now using images with permission, attribution and paying fees (there must be some kind of stock images site and payment system you can use??).

    If you really want to, explain the situation and offer the rights owner services (if you have useful skills) in lieu of payment. I think you should be able to come to an agreement with any reasonable person.
     
    ryan_uk, Oct 25, 2013 IP
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  14. browntwn

    browntwn Illustrious Member

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    #14
    He is not going to sue you. And even if he does, then you will have an easy way to pay him. Stop wasting your time on this.
     
    browntwn, Oct 25, 2013 IP
  15. vortexvibe7

    vortexvibe7 Peon

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    #15
    Ya you are right. I think i should offer him some service for the money.
     
    vortexvibe7, Oct 25, 2013 IP
  16. sarahk

    sarahk iTamer Staff

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    #16
    Don't expect that to go well.
     
    sarahk, Oct 25, 2013 IP
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  17. vortexvibe7

    vortexvibe7 Peon

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    #17
    Actually i was expecting it might turn out to be a good idea indeed
     
    vortexvibe7, Oct 25, 2013 IP
  18. WonderingCoder

    WonderingCoder Greenhorn

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    #18
    Ignore all else I said, I think you learned your lesson (and so did I) and you just ignore this guy and not do it again.
     
    WonderingCoder, Oct 25, 2013 IP
  19. XPEric

    XPEric Well-Known Member

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    #19
    I'm not a lawyer, so don't take my words as fact.

    Being he lives in another country, a lawsuit would be expensive (probably more than he'd actually get out of it), so I doubt he'd actually follow through with it. That being said, I'd suggest you check all the images you post in the future. Just because they're on Google Images, doesn't mean they're free to use.
     
    XPEric, Oct 25, 2013 IP
  20. sarahk

    sarahk iTamer Staff

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    #20
    We don't know who the "guy" is, if he turns out to be a rep from Getty he'll take the financial loss and gain from the hard-arsed reputation.
     
    sarahk, Oct 25, 2013 IP
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