Buying the websites with not copyrighted images. Need Help!

Hi,

On the ebay there are so many websites for sale where it is obviously that the seller does not have copyrights on them. Sometimes it is harder to say if photos are copyrighted by someone else.

Lets say I will buy a site that has images with no copyrights and later the real copyright owner will contact me and may be will want to sue me.

What would I do then? Should I track down the person who sold me the site with those copyrighted images or I will be solely liable for owning the website with the not copyrighted images.

Please advice

 

I'm not a lawyer so I can't really comment on the legal standpoint. However copyright owners won't really care where you got the images from (even if you bought them). The only fact they will be looking at is that YOUR site is using THEIR images without their consent. Since you are responsible for the content on your sites they will most likely take legal action and file DMCA complaints against you and your site.

 

ok so if the real copyright owner will go after me can go after the guy who has sold me the site with these images?

 

If you bought the images from someone other then the copyright holder, I don't imagine that having paid the person who stole them in the first place is going to help

 

The copyright holder would go after you. Why? Because you are responsible for your own business and conduct.

As an aside, you could go after the person you bought the stuff from.

A possible remedy might be you explaining yourself to the copyright holder and removing everything. However, the copyright holder is under no obligation to oblige you and could bill you for usage, sue you or whatever else without warning.

Bottom line: Don't buy anything unless you are darn sure it's legit.

 

Can the seller declare through a legal document that there are no copyrighted images on that site? and so on if any copyrighted image is found even after transferring the ownership, he is solely liable for it.

 

I don't know if that will work. At the very least it would give you some legal ground to sue the site seller, however I don't think it will help you much from prosecution by the copyright holder.

It's kinda like (way out example here) getting caught with drugs. The police will arrest you for posession of the drugs. They won't really care if you picked it up on the street, or if somebody gave it to you. You are in posession so you are going down. (It might help a bit if you can finger the dealer, but that would only mean that they might be more leanient in the sentence/fine you receive... but you will still get a sentence/fine at the end of the day.

 

I didn't follow this too well.

If you meant, can the seller say that all images are copyright-free. Yes the seller can, BUT should any be under copyright (found now or later), that seller is now liable for breech of contract.

If you meant, can the buyer present the copyright holder with the contract and say "go contact this other guy.", then the buyer is still liable. What party A (seller) and B (buyer) agreed to have no affect on the dispute between party B and party C (copyright holder).

 

The owner of the copyright can go after the end user or anyone inbetween. If you are unsure, don't buy it. The Seller will not be on the hook no matter what they say, unless you acquire licensing from them. If you buy a site, it is YOUR PROBLEM. It is Getty Images huh?