Gallery Stock Demand Frequently Asked Questions

The following additional information is provided to you assist you in understanding my client’s position in this matter.

** Text and Images Courtesy of Gallery Stock **

I’ve Never Heard of Gallery Stock, Who Are They?

Gallery Stock is a high-end stock photography agency that has exclusive contracts with photographers allowing Gallery Stock to license their work to the public. Gallery Stock prides itself on having artistic and beautiful original photography that is not available anywhere else. The photographers that created these images have entrusted Gallery Stock with their livelihood and protection of their intellectual property rights. Gallery Stock, in turn, has retained our firm to assist them in further enforcing the copyright in these works. For more information, please visit, McCormack Legal Copyright Enforcement Program

Isn’t This Photograph In The Public Domain If I Copied it From Google?

The public domain is a term that refers to whether the ownership of a work has expired, which really only applies to works created prior to 1923. Just because something is publicly viewable or publicly accessible through search engines, such as Google, does not mean it is in the public domain. Google is a search engine that simply returns results based on your search terms. It does not allow you permission to use the results it displays.

What If I Did Not Know I Needed a License?

Even if you didn’t know you needed a license, you have committed copyright infringement by the unauthorized display of that image. The level of knowledge you may have had about the use is not a defense to infringement as you may still be liable for damages resulting from the use.

What Should I Do If I Think My Use Was Allowed By a License or Was a Fair Use?

If you think you have proof of a valid license for this use, please contact our office with the Gallery Stock sales order number, invoice number, and/or purchaser name (including those of possible third-party purchasers) so we may review. If you believe the use did not require a license as a fair use, please keep in mind that as a commercial website, fair use is likely inapplicable. Please contact our office if you would like to discuss.

Can’t We Just Remove the Images and Consider This Closed?

To resolve this matter, we have requested both removal of the image and payment to compensate our client for their incurred losses. Removal satisfies only one part of that request. We are still seeking the requested settlement payment.

I Had a Designer, Why Not Contact Them?

Under joint liability, your company is also liable for copyright infringement even if you had a designer make the website. If you believe that your designer may be willing to resolve this matter on your behalf, please have them contact our office. Otherwise, the copyright infringement remains against your company directly.

What If I Want To Keep Using The Imagery?

We understand that this content may be closely intertwined with your website design or you chose not to redesign the entire site. To keep using the image, you would need to resolve the past unlicensed use by remitting the requested settlement amount and then purchase a future use license separately. We can help with this if you like. Purchase of a future use license does not resolve the prior use, and conversely, paying the settlement amount does not allow you to keep using the photography.

** All 3rd Party Trademarks Used With Permission **