Re: Did a banner exchange, now Getty is fining me?

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On 12/12/08, Mike A wrote:
> Hoping for some insight. I did a banner exchange with a
> company...the very common, if I put their banner on my
> site, they will allow me to be in their directory. I did
> this thinking...a little exposure, great! Well, not so
> great, I got a registered letter from Getty Images saying
> they found an image on my site that wasn't licensed to me.
> Well the image in question was the one used on the banner
> that right on the banner said the other companies name. Am
> I really liable in this instance? BTW, of course, the
> company I did the exchange with is no answering my emails
> and can't seem to find a phone number for them.

I believe there is a safe harbor exception for copyright
violations for advertising agencies who place ads for errant
advertisers. Now sure if that would apply in this situation,
but I'd remove the banner from your site, and send them a
letter rejecting liability, explaining the situation, and
including any contact information you have from this client.

Good luck....