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iWeb templates and copyright of it’s images

Hello,


some time ago I created a website with iWeb and one of it's templates. I replaced all but one of the templates placeholder images with my own images.

Recently I received a invoice by Getty Images (London) about 1300,-- Euros for using one of iWebs placeholder images.


I used the image in good faith on my webpage, because thats the whole pupose of iWeb, to create webpages with the templates. I'm even pretty sure, that I read somewhere in the manual that I can publish my website even if I left the template unchanged.


I've send an email to Apples copyright agent, but I just got generic answer pointing to the EULA.


But the question remains, am I allow to use the iWeb templates and images for a website or do I have to pay a copyright fee to whoever created the template??


Any help especially by Apple would be appreciated.


Regards,

Hauke

Posted on Jun 28, 2011 3:03 AM

Reply
6 replies

Jun 28, 2011 3:48 AM in response to hauke.mueller

hauke.mueller wrote:


I've send an email to Apples copyright agent...

Hauke ~ I'm not sure to whom you're referring, so perhaps you've already seen this:

"If you have any questions concerning the usage or licensing of Apple copyrighted materials, for example, photographs, video footage, Apple advertisements or other Apple materials, please submit your detailed request in writing." ( Source)

User uploaded file

Jun 28, 2011 9:03 AM in response to hauke.mueller

You are not being asked to pay a fee to the creator of the template but to the owner of the copyright on the image.


Under US copyright law you are required to obtain a license for any image used on the internet - or anywhere else for that matter.


http://www.photolaw.net/faq.html


Presumably Apple licensed the use of the image in the template from Getty Images. To reproduce that image on your own website, you need to obtain a license from the copyright holder. The only help that Apple could be expected to give you is to refer you to the actual copyright holder.


The fact that the copyright holder has sent you an invoice rather than take legal action against you is encouraging. You could either pay up and remove the image or negotiate a more reasonable fee.


Most of the questions about copyright in this forum are from those want to protect their own creations. Its interesting to see it from the other end.


The fact that you can easily embed a YouTube movie in your web page doesn't mean that its legal unless you own the right or obtain a license....


http://www.blogherald.com/2007/07/09/the-copyright-risk-of-embedding-youtube-cli ps/

iWeb templates and copyright of it’s images

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