FAQ Flashcards
Why have I received this email/letter?
We have found an image belonging to one of our partners in use on a website that you are responsible for. Our partner has not been able to locate a licence for the use of this image on the domain in question and therefore, we have reason to believe that the use of this image is unauthorised and in violation of copyright law.
Who is Copyright Agent?
Copyright Agent is a company that was born out of a deep-rooted respect for people - writers, photographers and creators of all kinds - who have the talent and courage to be original. From day one, our purpose has been to safeguard and salute originality.
Copyright Agent was established by a group of photographers and entrepreneurs with the common goal of solving an increasing problem: the misuse of image material online that is protected by the Copyrights, Designs and Patents Act of 1988. Today, Copyright Agent collaborates with a large number of professional photographers and image agencies across the globe to ensure the protection of their copyright online.
Copyright Agent is a Danish company with our headquarters in Copenhagen.
I didn’t realise the image was copyrighted
As a general rule, all image material is covered by copyright law. Any use of image material that makes it available to the public requires prior agreement with or licensing from the copyright owner. This licence or agreement must be in place before the image material is published online.
It is the duty of the person publishing the image material to investigate whether the image is covered by copyright and/or requires licensing before it is published to ensure that its publication does not violate or infringe the copyright owner’s rights. Lack of knowledge regarding copyright law is not a defence in these cases.
If an image is published online without a valid licence or agreement with the copyright owner, it is considered a breach of copyright law and the copyright owner is able to seek compensation for the improper use of their work. Copyright Agent partners with image agencies and professional photographers to make claims for the improper use of our partner’s images.
Can I keep using the image once I have paid the claim?
No. The payment of this claim provides compensation for the infringing use of our partner’s material. It does not represent or provide you with a licence for the continued use of the image. If you do not wish to buy the licence to continue using this image, you must immediately cease the use and distribution of the image in question. Any continued or future use of the image must be licensed correctly.
I would like to keep using the image legally - what should I do?
If you would like to keep using the image legally, your Rights Manager will direct you to the copyright owner so that you can obtain the correct licence for the image material.
Can I just remove the image and consider the case closed?
No. An agreement or licence is required to be in place prior to the publication of an image online. Publishing the image without these agreements or licences is an automatic infringement of copyright law and, as the infringement has already occurred, the copyright owner is entitled to compensation for the unauthorised use of their material.
What happens when I have paid?
When we receive your payment, your Rights Manager will check to see if the image material has been removed or if you have outlined that you will be buying the licence from our partner. When we can see that the material is no longer infringing (either through licensing or removal of the material), you will receive official written confirmation from Copyright Agent that your case has been closed.
Will I receive more claims from Copyright Agent in the future?
It is possible that you may receive future claims from Copyright Agent relating to the use of other image material on your website. We recommend that all our counterparties, upon receiving a claim from Copyright Agent, go through their website and remove any image material that is not licensed properly. It is important to note that even if an image has been removed, there is a chance that its unlicensed use may have been documented by our system and we maintain the right to pursue cases based on our documentation.
What if somebody else made my website?
We understand that websites are often designed and maintained by a contractor outside of your business. However, it is the company that owns the website that is ultimately responsible for ensuring that all published material is in line with copyright laws.
If you are unsure whether the image material has been licensed, we recommend that you contact your website administrator to ensure that they obtained the necessary licence(s). If they have, we kindly ask that you provide the documentation for this.
