There is no such thing as a free lunch
There is no such thing as a free lunch
There is no such thing as a free lunch
An old friend, who, although she will remain nameless, runs a stock photography cross media company based in London, once told me about a phone call she got from her then Lawyer. He asked her for lunch. Nothing unusual about that although there was when she received, post lunch, a 1,000 invoice for time spent at said lunch.
I've always been amused by this story and although her Lawyer had his reasons for billing her, all wrong whatever they were, it highlights one aspect of doing business that does not change, namely, that something with zero cost is rarely free. Any normal' Lawyer would use the luncheon engagement to further any business relationship, which he would hope would lead to more work and thus more cost to the client. OK, enough said about such business practices.
I'm not even writing about free images per se, more copyright abuse, which is becoming a mainstay problem for stock licensing businesses and a big source of revenue too.
If you want use free images, that's fine - as long as the image fits the bill, no problem. What you must do though is trust the source because the image could be stolen or important metadata, such as model releases, incorrectly detailed - just a couple of the potential pitfalls.
Never ever use an image you found' on the Internet, or one that you believe is in the public domain, unless you can be very, very certain that is the case.
Getty your cheque book out
What you may end up with is a cash demanding settlement letter from Getty, Corbis or any of the other agencies with deep pockets: read legal teams, tracking software and rights managed licensing models. Why rights managed and not royalty free you may ask?
Firstly, if an agency does sue over illegal use of an image, and it's a royalty free image that they have for sale at $50, that will likely be your sum penalty unless you have done something really stupid with the image. Rights managed licensing is a different ball game, as the agency sets the price based on usage and if you haven't paid up front expect a large demand will likely be made.
Secondly, it is very difficult to track usage of an image sold as RF, with its open license that means it can be used over and again without added cost. Once a client buys an RF image, that client effectively owns rights to use it forever, so how are agencies going track illegal use of images sold in this way? They are generally not going to.
Getty in particular are catching a lot of clients using images illegally. Just take a look at some whining messages on sites where clients that have stolen, remember, stolen images are griping like babies about being caught. You'll find them by searching for "Getty legal letter" on Google. The choice of links is huge, around 620,000 in fact.
My designer, who has moved Cuba, sourced the images
Here are my favourite excuses used by people who have been caught using images illegally:
"My secretary bought the image from a site based in Zimbabwe, we think, which we believe is no longer active."
"My website was designed by a Siberian farmer, who doesn't understand copyright like I do."
"I told Anthony to stay off my computer, he's only four you know."
It may be the case that you, as client, did not obtain images directly from the copyright holder but if you use them, it becomes your problem. It is important, therefore, that you trust the source that buys images on your behalf, as it will be you that will ultimately get that settlement letter, not them, if the images are used illegally.
If you do happen use an image illegally, by mistake I hope, try and sort it out with the copyright holder. Be honest and don't be fooled by lawyers that say they can get you off. If you didn't pay for an image and proceed to use that image commercially, chances are you will be forced pay at some point.
What then is the best solution from here on in?
DON'T STEAL IMAGES.
Make sure you know where images come from. If necessary, ask for proof of payment if a designer or anyone else sources images for you and be wary of free lunches - especially those offered by lawyers at top of Google searches.
Laughter Heals In Tucson Your Windshield's Sacrifice Should Not Be in Vain Order Master's Thesis Sanyo projectors – The best is available now What Makes Uniquehoodia The Most Effective Kind Of Hoodia? Allow God To Heal Your Past Car Hire Options Mouthwash – novelty or necessary? Finding the best exchange rates Custom Master's Thesis What brand of cream cheese is the best? Why Should I Choose Uniquehoodia? Tipping advice