BORROWER BEWARE!! Be careful about copyrighted images on websites and sales materials

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Graphic designers often like to “borrow” photographs and other artwork in order to create websites, brochures, direct-mail solicitations and other materials. But a business must make sure it has a legal right to use images and designs in its marketing materials.

A company called Dream Communications found this out the hard way recently, when a designer used a photograph without permission in creating an online magazine about luxury homes in Hawaii. The owner of the image sued, claiming that it was entitled to almost $8,000 in licensing fees.  This was only the tip of the problematic iceberg for Dream Communications.  Its problems became nightmares when a court added penalties under the federal copyright law. In the end, Dream was ordered to pay the owner $45,000 in damages, plus almost $7,000 in attorney fees and costs.

There are a number of companies that license “stock art” for business use at a modest cost, as well as websites that offer some artwork for free. This is a safe place to START looking for images and logos, but should not be the end of the analysis.  Business must take every precaution to make sure they are not using images belonging to another company.  

 

Stephen Hammers
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