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I got myself into a little trouble.... what should i do?
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The above comments seem to assume that it is an individual seeking damages. Individuals potentially can be reasoned with. If on the other hand it is an agency I don't know that there is much leverage. Unfortunately, what Suho said about ignorance is true. I hope it works out okay. And I'm glad you brought it up because it's an important reminder to everyone not to take intellectual property - whether words, music or images - casually. It's really easy to fall into a situation the way Rob did, and the image industry doesn't make it easy - at the one extreme you have 1,000 "royalty free" images on a $40 CD, and at the other extreme you have a per/image negotiation based on usage that can be VERY costly for web sites. There is NO rhyme or reason to it, and a lot of times it feels like a wreck is inevitable, just a matter of when. And I think the whole term "royalty free" is largely misunderstood. I'm no professional graphic designer. I have a small web project, and the client for that wanted an image of So. America with his company name wrapped around it for what he called a "logo", to be used on letterhead and such. He's a one-person startup with even less experience than I when it comes to image usage. Neither one of us had an appreciation for the deep implications associated with the term "logo" - we were both using the term too casually. I found an image on iStockPhoto that included several vector globes and thought I could use the one that showed So. America as the base for this guy's graphic. But the iStockPhoto terms say "not for logos". So I wrote and got two very cordial , very professionalbut very clear messages from their support. "Not for logos" means "not for logos". I'm glad I asked first. Big agencies can afford art buyers to monitor rights and licenses. Small shops (like Rob and me and many of us) have to rely on ourselves and that doesn't always work perfectly.
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