Discussion:
What is the name of your state? Missouri
Five years ago, I was hired to post web pages for a redesigned web site. My job was simply to create the html pages based on client-approved layout, images and written copy. I was never involved with the decision-making process regarding the graphic content and design of this website. Artwork and copy was sent to me via email from a group of local creative professionals who interfaced directly with the client. My sole responsibility was to post the pages.
Fast forward to today. I received a registered letter from the website owner’s insurance company that a claim has been made against them by a stock photo company for allegedly using unauthorized and unlicensed images in their website. The letter goes on to say that they may be looking to me for reimbursement of any damages that they pay resulting from the copyright infringement claim. The letter goes on to suggest that if I have liability insurance that I immediately notify them of this matter. I am absolutely stunned by this.
I am a small-time freelance programmer (not a designer!) that will occasionally take on a small project or two to help supplement my income. I do not carry any liability insurance that would cover me. I’m at a loss for what to do next. Am I truly liable? What should I do? Is it time to hire an attorney?
Answer:
What is the name of your state? Missouri
Five years ago, I was hired to post web pages for a redesigned web site. My job was simply to create the html pages based on client-approved layout, images and written copy. I was never involved with the decision-making process regarding the graphic content and design of this website. Artwork and copy was sent to me via email from a group of local creative professionals who interfaced directly with the client. My sole responsibility was to post the pages.
Fast forward to today. I received a registered letter from the website owner’s insurance company that a claim has been made against them by a stock photo company for allegedly using unauthorized and unlicensed images in their website. The letter goes on to say that they may be looking to me for reimbursement of any damages that they pay resulting from the copyright infringement claim. The letter goes on to suggest that if I have liability insurance that I immediately notify them of this matter. I am absolutely stunned by this.
I am a small-time freelance programmer (not a designer!) that will occasionally take on a small project or two to help supplement my income. I do not carry any liability insurance that would cover me. I’m at a loss for what to do next. Am I truly liable? What should I do? Is it time to hire an attorney? While there is the potential for liability here, there probably isn't a need to hire a lawyer or really do anything until and if they provide you with a bill -- if they do that, at that point you might want to consider a lawyer. Whether or not you have any liability or reponsibility will depend on a number of facts, including what (if any) contracts you had between you and them, the amount of control they exercised v. the amount of "free will" or control you exercised, etc. It's not a clear, cut-and-dried answer, and you'll want to sit down with a local attorney who can review ALL of the relevant facts and advise you accordingly -- but you probably don't need to do it until they actually present you with a bill, if in fact they ever do.
I guess you could go to an attorney now, and, if the facts are in your favor, as him to send on a "preemptive" letter challenging any liability you might have in this case. If you've got some money to hire a lawyer, and would prefer being proactive, hire a lawyer now -- otherwise, wait and see what happens, and if you get a bill, then it's time to hire a lawyer.