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Image Copyright Infrignement = Invoice

1 points by mgamache ↗ HN
I have a not-for-profit client that posted a image of a Las Vegas hotel on their website (where they are holding a conference). The hotel provided the image, but it turns out the hotel didn't own the rights for the image. We revived a $900 invoice from the image owner (Destination360) threatening a lawsuit. We explained the situation and agreed to remove the image, but they still want the $900 or else. Should we pay the $900? There was no previous DMCA notice or any other previous contact. I know this is not a legal forum, but others may have had similar situations.

4 comments

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Cypher
Is it the actual owner or a copyright agency that represents the owner?
mgamache
This person refers to themselves as "Legal Counsel" for the company, but I doubt he is an employee.
pwg
Given that the client was holding a conference at the hotel, and that the hotel provided the image, your client may have a fair-use defense for use of the image. Note I am not a lawyer, but you may want to investigate this aspect before you do anything.
DrScump
Did you copy the image or link to it from the hotel site?