Help needed with copyright issue

[sunseeker]

Hi,

I run a small part-time web design business as a sole trader (not limited company). Being in this business I am always careful the images / design materials I use. Recently I received a letter from a photo/media company who have found images in a flash presentation on my business website which they claim have been used illegally without their permission and therefore in breach of copyright. They have sent me a large bill of a few thousands which I cannot afford. However the flash presentation was not done by myself, I got it made from an Indian company which I found over the Internet.

Incidently it was just a demo presentation for my client and the project never went through. My client never paid me and I never paid anything to the Indian company. But I had displayed the presentation on my website and the presentation had copyright label at the bottom (i.e. copyright by my client) and it also had a label saying it was designed by my company. However at no time I was aware that the Indian company had used images illegally, until now - perhaps to my ignorance.

Am I liable to pay for copyright infringement here? Am I even the person responsible for copyright infrigement? Please advise me what I can do in this position, I cannot afford to pay such a huge bill and I don't want to get seued.

If you want I can provide more information. Many thanks for the help.

Regards,
Mike

[Eagle]

Hi Mike
Looking at it in broad terms, the "company" (more like bedroom designer!) you outsourced to is directly responsible for the infringement. That is, if the media company can prove that the designer doesn't own licence to use the images. Perhaps they do?

However, it would be in your best interest to remove the presentation immediately and cease using it until the copyright issues are resolved.

Write to the media company explaining that you outsourced the work, have ceased using it in accordance with their wishes and will be speaking to your designer regarding the matter in due course.

Y'see this is one of the reasons I don't outsource, let alone offshore - you've got no come-back if something goes wrong. They can simply disappear and you're stuffed.

Hope it gets resolved.

Mark