October 13, 2017

Copyright Infringement FAQ

Who is Pixsy?

Pixsy is an exclusive agent for the purposes of managing and enforcing our photographers’ copyright and related copyright infringement litigation. Pixsy supports a global network of photographers in their discovery and handling of such infringements.Pixsy works together with our network of law firms and legal partners across the world to pursue matters where licensing has not been possible. See our business partners and associations here.

I removed the image, is the matter now resolved?

No. We appreciate your prompt removal of the image. Keep in mind that copyright is a strict liability offense, and that use of any imagery found online almost always and with few exceptions must be licensed prior to use.Removal of the image from your website does not resolve the period of unlicensed use, and it remains that the photographer be fairly compensated for use of his or her work.

We hired someone to make this website for us, can you contact them?

As the host and arbiter of the website’s content, it is your responsibility to ensure that you hold a valid license for content posted, and to pay pursuant fees to the copyright holder when this is not the case. If the imagery was provided to you by another party, we recommend that you reach out to them to work out a solution internally.

Do you offer payment plans? I cannot afford the figure presented to me.

While we cannot offer any discount on our fair market-value license fee, if your preference is to settle this matter without resorting to legal escalation, please notify Pixsy immediately. We are happy to work with you towards a payment plan that meets the needs of all parties.Keep in mind that failure to pay the license fee in full negates the terms of any agreement or steps taken to resolve this matter. Failure to remit payments as scheduled can result in legal escalation. Some forms of business liability insurance may cover the license fee should you need assistance.

I found the image on social media/search engine - doesn't that mean it's free to use?

No. Keep in mind that copyright is a strict liability offense, and that use of any imagery found online almost always and with very few exceptions must be licensed prior to use.Google and other free image sites display very clear notices that “images may be subject to copyright.”

Doesn’t a photo need a watermark to show copyright?

No. Copyright exists in the moment of a work’s creation. To avoid copyright infringement in future, we recommend that you take the necessary steps to investigate and establish the ownership of the copyrighted work, and reach out to the creator to license the image prior to use.

I found a similar image online on a stock image site. Why are the fees that you calculated higher than the fees for a similar image on stock?

Many photographers choose not to publish their imagery on stock image sites because it devalues their imagery. One cannot apply stock-value rates to the work of a photographer who intentionally does not license their imagery on stock.The license fees calculated by Pixsy are consistent with license fees for use of our photographer’s work, and are in line with fair market rates.Keep in mind that the full value of this image is much higher when we take copyright infringement into account. Our first step is to attempt to resolve this matter with a fair license fee. In the event that this is not possible, Pixsy will seek the highest amount available through legal resolution.

What if the image is published under the Creative Commons platform?

The Creative Commons platform permits the use of the imagery in question only if the license terms are adhered to. Failure to abide by these terms is an appropriation of the photographer’s imagery, revokes a right to use the license, and constitutes copyright infringement. You can read more about the Creative Commons platform, the various license terms, and how to properly use these licenses here: https://creativecommons.org/licenses

Can I contact the photographer? How do I know Pixsy is permitted to act on behalf of the photographer?

Pixsy has been engaged as the exclusive agent to handle all aspects of the case including all communications.We are not authorised to give out the photographer's personal information and all communications must be made through Pixsy.

I have Business Insurance, can I claim this?

Some forms of business liability insurance may cover the license fee. Please check with your provider for additional information.

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