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Re: Unlicensd Images

Active Member
Dennis P Member Since: Jan 22, 2017
1 of 14

Hello,

 

We hired **Edited for Community Guidelines** to build our corporate web site on Upwork.

 

We licensed many images to use and provided them to the contractor in advance. When they delivered the site, unknown to us they had included an image they provided, without obtaining a license to use it. It was posted as a background, almost a watermark, so we didn't question it. Now 6 months later, we get a demnad letter from Getty Images to pay $1,000 for past use and thousands more for continued use.

 

We took down the image immediately. When we asked **Edited for Community Guidelines** about this they said they only warrant the site for 30 days and it had expired. I asked them how would we know they used an image that they didn't own, unless they told us and asked us to obtain a license or find  replacement.

 

They have said they will not compensate us or make this right.How do we get reimbursed for this penalty e had no part in earning?

 

Regards

Moderator
Valeria K Moderator Member Since: Mar 6, 2014
2 of 14

Hi Dennis,

 

Since the payment was made and the contract was closed a while ago, dispute assistance isn't available for it anymore. I'd suggest you continue communicating with the representative of the agency you hired for the contract to resolve the issue amicably. Possibly, they would be able to make changes to the website or issue a refund you request.

~ Valeria
Untitled
Community Guru
Jennifer M Member Since: May 17, 2015
3 of 14

dayum you hear this stuff but don't know about it until you see it. A friend of mine talked about one of his customers going through this and being sued for trademark infringement after hiring one of those $5 logo people at fiverr.

Community Guru
Preston H Member Since: Nov 24, 2014
4 of 14

It was extremely unprofessional and unethical of that graphic designer to use an unlicensed image without informing you.

 

Ofcourse he should have showed you the design and told you that he used a Getty archive image and told you the image would need to be replaced.

 

re: "They have said they will not compensate us or make this right.How do we get reimbursed for this penalty e had no part in earning?"

 

It may be a very bad business decision to seek compensation from that graphic designer. He already told you that he does not want to be involved in this matter any more, including in any recempensatory way. Don't think about him and his needs, including his need to be made morally whole. Focus only on yourself and your business. You don't owe that jerk anything. Not even justice. This is business.

Community Guru
Preston H Member Since: Nov 24, 2014
5 of 14

I do not think that the Getty archive people are mindless automatons.

 

I think that you can reply to their request very simply by explaining exactly what happened.

 

Tell them that you know they are doing their job and you want to make things right. Tell them that in exchange for a letter from them confirming that your obligations to them have been met In full, you are willing to provide them with one of the following:

 

a) $500

[or]

b) the name and contact info of the graphic designer who is responsible for using the image, and all of their future business will be with him

[or]

c) a sincere apology

 

Conclude your message by apologizing that you are too sick about this matter to respond to anything other than their choice (a) or (b) or (c).

Community Guru
Petra R Member Since: Aug 3, 2011
6 of 14

@Preston H wrote:

I do not think that the Getty archive people are mindless automatons.

 

I think that you can reply to their request very simply by explaining exactly what happened.

 


 That is not how it works.

 

Getty's money-extorting departments do not give a hoot as to what happened, whether the OP is sorry, whether some third party put the picture there and who it is.

 

The whole thing is a money-making exercise.

 

Google Getty Images Letter ...

 

 

Community Guru
Jess C Member Since: Feb 18, 2015
7 of 14

An aside, not to take away from the dreadful behavior of this particular freelancer... 

 


Preston H wrote:

It was extremely unprofessional and unethical of that graphic designer to use an unlicensed image without informing you.


 

Please don't confuse graphic designers and website designers. These are two different areas, which, while they may overlap sometimes, require completely different skillsets.

 

If only Upwork could figure this out and give us seperate categories...

Highlighted
Community Guru
Tiffany S Member Since: Jan 15, 2016
8 of 14

You say "they." Is this a real-life agency, that has a website and offline clients and a reputation to worry about?

 

If so, you have quite a lot of leverage right now, but I suspect that it isn't.

 

If not, it probably isn't worth your while to try to pursue compensation. In that case, I would contact Getty and explain the situation, asking if there is something you can work out. At the same time, I would provide Getty with as much information as you have about the person or agency who actually stole their image. 

Community Guru
Gerry S Member Since: Nov 23, 2014
9 of 14

I guess the UpWork "identity verification, blah, blah" process failed to provide the "safety" it is intended to ... this one time I'm sure.

 

LOL

Community Guru
Jennifer D Member Since: Feb 15, 2016
10 of 14

@Gerry S wrote:

I guess the UpWork "identity verification, blah, blah" process failed to provide the "safety" it is intended to ... this one time I'm sure.

 

LOL


 How would Upwork's identity verification prevent this? It's verifying the person is who they say they are, not that they have any skills, integrity, or anything else.

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