StockFood USA Demand Frequently Asked Questions

** Text and Images Courtesy of StockFood USA **

Who is StockFood?

StockFood is the leader in image agencies among food photography. They offer imagery to companies for a license fee to use in advertising campaigns, on websites, in printed materials. To obtain this content, StockFood and other stock agencies work directly with photographers to create and license the most relevant content for today’s marketplace and creative needs. Both large and small companies, creative and non-creative, look to StockFood for their food imagery needs. For more information on StockFood, please visit their website at StockFood.com.

What is a Copyright?

Copyright is a creation of law that’s exactly what it sounds like, the right to copy. Copyright protects various types of creative works from unauthorized copying, reproduction, duplication, or modification, without the permission of the copyright holder. Copyright is vested in the creator of the work, such as the author or photographer. Since copyright exists once something is created, you may even have a copyright in some of your vacation photos or amateur short stories. There is no need to formally register with the U.S. Copyright Office to obtain copyright.

What If I Found The Image Through a Search Engine or Somewhere Online, Like Google?

The Internet is a vast space that is filled with websites containing content that the site owner may or not have the permission to display. When searching the Internet through a Google search, or similar, it is important to remember that is a search engine that simply returns results from the Internet that fit your search terms. It is not an image licensing company. When in doubt, always go back through the chain to determine the original source of that content.

If There Was No Notice On The Image, Does That Mean It’s Alright To Use?

The short answer is no. Copyright does not require placement of a watermark, the © symbol, or other notice on the work. Since copyright exists as soon as its created, as explained above, the lack of a watermark does not affect the image’s copyright status.

I Think I Used The Image With Permission, Now What?

If you think that your company has a valid license for the use of the imagery, please provide our firm with a sales order or invoice number or other license information. If the imagery was licensed using a different name, such as a “doing business as,” or the name of a third-party or designer, please provide us the relevant names so we may review. Please be aware that there are fees associated with these licenses, so having obtained the image for free is most likely not proof of a license.

Can I Just Remove the Images Instead?

Thank you for removing the imagery. That satisfies the cease and desist request. Removal of the images on its own will not resolve the claim as StockFood is entitled to seek payment for the prior unlicensed use. We may be able to consider various payment options based on your particular business.

Can I Be Liable If a Designer Created My Website?

Owning the website that displays the unlicensed imagery makes your company liable for copyright infringement, even if you hired a designer, student, or friend to create the website. It is similar to being responsible for the actions of your employees when they make a mistake. If you have a contract with your designer, you may want to review it to determine whether you have some recourse against them.

Can I Keep Using The Image If I Pay The Settlement Amount?

The present settlement offer reflects the amount requested to resolve the prior unlicensed use. It does not allow you to keep using the imagery. Once the prior use is resolved, you may purchase a future use license through StockFood or coordinate the same through our office. Purchase of a future license, however, will not resolve the prior use. They are two separate issues.

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