Unlicensed Use of Agence France-Presse Imagery
Agence France-Presse has retained PicRights
to resolve image licensing issues on its behalf.
Agence France-Presse is the copyright holder or authorized licensor of the imagery in question.
PicRights is authorized to resolve this matter or answer
your questions about this matter on behalf of Agence France-Presse.
Below you can see the Agence France-Presse imagery in question on the left, and its use on your website on the right.
While we appreciate the removal of the represented imagery from your website, removal of the images alone does not resolve the matter. Agence France-Presse is entitled to compensation for the past usage of their imagery. On behalf of Agence France-Presse we are seeking payment for past unlicensed use of the imagery, and would be happy to work with you on correctly licensing any future use.
Copyright infringement can occur absent the infringer’s knowledge or intent. We understand that your unauthorized use may have been unintentional. Unfortunately, being unaware of licensing requirements does not change your liability for the infringing use.
A statement from Agence France-Presse authorizing PicRights to facilitate settlement of copyright infringement matters on their behalf.
A document setting out the terms of settlement and release provided by Agence France-Presse
A document evidencing that Agence France-Presse holds the necessary rights to license the imagery and to pursue available legal remedies.
PicRights and Agence France-Presse understand that a third-party designer, employee, or intern may have been contracted to design and develop your company’s website. However, if no license for use of Agence France-Presse imagery exists, the liability for any infringement ultimately falls on your company since it is displaying the imagery.
If a third party who supplied the images (eg. Your webdesigner) is willing to resolve this matter on your behalf and you are in agreement, that third party may contact PicRights directly; however, PicRights cannot initiate contact with the third party since Agence France-Presse claim is with your company. If the third party is unable or unwilling to resolve this matter on your behalf, PicRights will continue to look to your company to resolve this matter. Any effort by you to seek reimbursement from a third party would be between you and the third party as a separate matter.
Copyrights automatically exist the moment an image is created. The ability to view content online including via search engine results does not mean that the content is not protected by copyright, regardless of the search terms used. For example, a search for “free image” will still return copyrighted images. Permission to use an image is not granted through the use of an internet search engine. Most search engines warn that the content displayed within the search results may be subject to copyright.
Copyright exists the moment an image is created. Watermarks or notices of copyright are not required for copyright protection.
From the moment it is created, a photo, image, music, or video is automatically copyrighted. Copyright infringement is any violation of the rights of the creator. For example, online display of an image, in whole or part, without the permission of the copyright owner (usually in the form of a valid license purchased from the photographer or his/her agency) is considered copyright infringement.