Intellectual Property Copyright Resolution

Case #case-3

Setup
Evidence
Questioning
Deliberation
Consensus
Case Integrity: Verified5/6 WitnessesLast Event: 2 min agoSAID: EBnP9xKl3mF7...
Council
RC
Richard Chen
reviewing
MF
Margaret Foster
reviewing
DP
David Park
observing
JM
Jessica Martinez
observing
TW
Thomas Wright
observing
LC
Linda Chen
observing
MR
Michael Rodriguez
observing
5 peer observers
Public
EWActive

Emma Wilson

Photographer

KERI Verified

TechCorp used my copyrighted photograph in their advertising campaign without permission or payment. I own full rights to the image and never licensed it to them.

Virtue Metrics

Good Faith
88%
Transparency
95%
Fairness
82%

Virtue metrics reward good faith behavior over adversarial tactics

Emma Wilson's Activities

Initial Position Statement

statement

I discovered my photograph being used in TechCorp's nationwide advertising campaign without my permission. I took this photo in 2022, registered the copyright, and never gave TechCorp permission to use it. This is clear copyright infringement and I deserve compensation.

Apr 1, 9:00 AM4/5 Witnesses

Copyright Registration Certificate

evidence

US Copyright Office Registration Number: VA0002145678, registered on March 15, 2022. Original photograph titled 'Urban Sunset' - cityscape with sunset. Registration predates TechCorp's campaign by 18 months.

Apr 1, 9:30 AM4/5 Witnesses

Original RAW Image Files

evidence

Submitted original RAW files from my Canon EOS R5 camera, metadata shows capture date of February 10, 2022, at 6:47 PM. EXIF data intact showing camera settings, GPS coordinates, and my copyright watermark in metadata.

Apr 1, 10:00 AM4/5 Witnesses

TechCorp Advertisement Screenshots

evidence

Screenshots from TechCorp's website, Instagram, Facebook, and billboard photographs showing my image used prominently in their 'Innovation in Motion' campaign. Campaign ran from September 2023 to March 2024.

Apr 1, 10:30 AM4/5 Witnesses

Commercial Usage Rate Sheet

evidence

My standard licensing rates for commercial use: $5,000 for regional campaigns, $15,000 for national campaigns, $25,000 for exclusive rights. TechCorp's nationwide campaign would typically cost $15,000-$20,000.

Apr 1, 11:30 AM4/5 Witnesses

Response to Stock Agency Claims

statement

I never uploaded this image to ImageStock or any other stock agency. TechCorp claims they purchased it through ImageStock, but I have no relationship with that agency. Someone must have uploaded my copyrighted work without authorization.

Apr 3, 2:00 PM4/5 Witnesses

Communication with ImageStock

evidence

Email exchange with ImageStock Agency dated April 2, 2024. They confirmed my image was uploaded by user 'ProStock_2023' on July 15, 2023 without proper verification. ImageStock has since removed the image and suspended the account.

Apr 5, 10:00 AM4/5 Witnesses

Damage Assessment

statement

Beyond the licensing fee, this unauthorized use has damaged my ability to license this image exclusively to other clients. Several potential clients have declined to license the image because they saw it in TechCorp's campaign.

Apr 8, 1:00 PM4/5 Witnesses

Settlement Proposal

compromise

I propose TechCorp pays $18,000 for the unauthorized use ($15,000 standard national campaign rate + $3,000 for damages and delayed payment) and provides written credit acknowledging me as the photographer. I will grant them retroactive license.

Apr 10, 11:00 AM4/5 Witnesses

AI Facilitator

Organizing information, not imposing decisions

organizing

Active Questions (2)

Can you provide documentation showing you took steps to prevent unauthorized distribution of this image before it appeared on ImageStock?

Awaiting responseEmma Wilson

Did you attempt to verify the image's copyright status directly with the photographer before purchasing, beyond relying on ImageStock's warranty?

Awaiting responseTechCorp Inc

AI Output Verification

Model: DW-Facilitator-v2.1Generated: Feb 23, 10:23 AM
SAID: EQpR7sL2mK9x...

Case timeline

All statements, evidence, and compromise proposals

Settlement Proposal

reviewed

I propose TechCorp pays $18,000 for the unauthorized use ($15,000 standard national campaign rate + $3,000 for damages and delayed payment) and provides written credit acknowledging me as the photographer. I will grant them retroactive license.

Emma WilsonApr 10, 11:00 AM4/5 Witnesses

Counter-Proposal

new

We offer $6,000 as a gesture of goodwill ($299 we paid to ImageStock + $5,700 additional), immediate removal from all materials (already done), and photographer credit on our website. We believe ImageStock should bear primary responsibility.

TechCorp IncApr 9, 4:00 PM4/5 Witnesses

Damage Assessment

reviewed

Beyond the licensing fee, this unauthorized use has damaged my ability to license this image exclusively to other clients. Several potential clients have declined to license the image because they saw it in TechCorp's campaign.

Emma WilsonApr 8, 1:00 PM4/5 Witnesses

Willingness to Resolve

new

While we maintain we acted in good faith, we understand the photographer's position. We removed the image from all active materials as of April 1st. We're open to discussing reasonable resolution that acknowledges our good faith purchase.

TechCorp IncApr 7, 3:00 PM4/5 Witnesses

Legal Precedent Research

new

Research showing cases where good faith purchasers from stock agencies were not held liable for infringement when the agency misrepresented rights. Case examples: Kelly v. Arriba Soft (2003), BWP Media v. T&N (2015).

TechCorp IncApr 6, 2:00 PM4/5 Witnesses

Communication with ImageStock

reviewed

Email exchange with ImageStock Agency dated April 2, 2024. They confirmed my image was uploaded by user 'ProStock_2023' on July 15, 2023 without proper verification. ImageStock has since removed the image and suspended the account.

Emma WilsonApr 5, 10:00 AM4/5 Witnesses

Campaign Investment Details

new

We invested over $250,000 in this campaign including design, media buys, and production. We selected this image in good faith and built our entire campaign around it. We have already incurred significant costs.

TechCorp IncApr 4, 11:00 AM4/5 Witnesses

ImageStock Terms and Warranty

new

ImageStock's Terms of Service include warranty that all images are properly licensed. Section 4.2 states: 'ImageStock warrants it has the right to license all images in its collection.' As buyers, we relied on this warranty.

TechCorp IncApr 3, 4:00 PM4/5 Witnesses

Response to Stock Agency Claims

reviewed

I never uploaded this image to ImageStock or any other stock agency. TechCorp claims they purchased it through ImageStock, but I have no relationship with that agency. Someone must have uploaded my copyrighted work without authorization.

Emma WilsonApr 3, 2:00 PM4/5 Witnesses

Good Faith Purchase Defense

new

We conducted reasonable due diligence by purchasing from a reputable stock agency. ImageStock represented they had proper rights to license the image. We should not be liable for their failure to verify copyright ownership.

TechCorp IncApr 2, 10:00 AM4/5 Witnesses

Commercial Usage Rate Sheet

reviewed

My standard licensing rates for commercial use: $5,000 for regional campaigns, $15,000 for national campaigns, $25,000 for exclusive rights. TechCorp's nationwide campaign would typically cost $15,000-$20,000.

Emma WilsonApr 1, 11:30 AM4/5 Witnesses

ImageStock Purchase Receipt

new

Purchase Order #IS-2023-894561 dated August 10, 2023. Purchased 'Urban Sunset Cityscape' from ImageStock for $299. License type: Extended Commercial License - allows nationwide advertising use. Invoice and license agreement attached.

TechCorp IncApr 1, 4:00 PM4/5 Witnesses

Initial Position Statement

new

We purchased this image in good faith from ImageStock, a well-known stock photography agency. We have a valid commercial license and paid $299 for nationwide usage rights. If there was an issue with ImageStock's rights to the image, that's between the photographer and the agency.

TechCorp IncApr 1, 3:00 PM4/5 Witnesses

TechCorp Advertisement Screenshots

reviewed

Screenshots from TechCorp's website, Instagram, Facebook, and billboard photographs showing my image used prominently in their 'Innovation in Motion' campaign. Campaign ran from September 2023 to March 2024.

Emma WilsonApr 1, 10:30 AM4/5 Witnesses

Original RAW Image Files

reviewed

Submitted original RAW files from my Canon EOS R5 camera, metadata shows capture date of February 10, 2022, at 6:47 PM. EXIF data intact showing camera settings, GPS coordinates, and my copyright watermark in metadata.

Emma WilsonApr 1, 10:00 AM4/5 Witnesses

Copyright Registration Certificate

reviewed

US Copyright Office Registration Number: VA0002145678, registered on March 15, 2022. Original photograph titled 'Urban Sunset' - cityscape with sunset. Registration predates TechCorp's campaign by 18 months.

Emma WilsonApr 1, 9:30 AM4/5 Witnesses

Initial Position Statement

reviewed

I discovered my photograph being used in TechCorp's nationwide advertising campaign without my permission. I took this photo in 2022, registered the copyright, and never gave TechCorp permission to use it. This is clear copyright infringement and I deserve compensation.

Emma WilsonApr 1, 9:00 AM4/5 Witnesses
TIWaiting

TechCorp Inc

Company

KERI Verified

We purchased the image through ImageStock, a reputable stock photo agency. We have a valid license and invoice. The photographer should pursue the stock agency, not us.

Virtue Metrics

Good Faith
75%
Transparency
82%
Fairness
78%

Virtue metrics reward good faith behavior over adversarial tactics

TechCorp Inc's Activities

Initial Position Statement

statement

We purchased this image in good faith from ImageStock, a well-known stock photography agency. We have a valid commercial license and paid $299 for nationwide usage rights. If there was an issue with ImageStock's rights to the image, that's between the photographer and the agency.

Apr 1, 3:00 PM4/5 Witnesses

ImageStock Purchase Receipt

evidence

Purchase Order #IS-2023-894561 dated August 10, 2023. Purchased 'Urban Sunset Cityscape' from ImageStock for $299. License type: Extended Commercial License - allows nationwide advertising use. Invoice and license agreement attached.

Apr 1, 4:00 PM4/5 Witnesses

Good Faith Purchase Defense

statement

We conducted reasonable due diligence by purchasing from a reputable stock agency. ImageStock represented they had proper rights to license the image. We should not be liable for their failure to verify copyright ownership.

Apr 2, 10:00 AM4/5 Witnesses

ImageStock Terms and Warranty

evidence

ImageStock's Terms of Service include warranty that all images are properly licensed. Section 4.2 states: 'ImageStock warrants it has the right to license all images in its collection.' As buyers, we relied on this warranty.

Apr 3, 4:00 PM4/5 Witnesses

Campaign Investment Details

statement

We invested over $250,000 in this campaign including design, media buys, and production. We selected this image in good faith and built our entire campaign around it. We have already incurred significant costs.

Apr 4, 11:00 AM4/5 Witnesses

Legal Precedent Research

evidence

Research showing cases where good faith purchasers from stock agencies were not held liable for infringement when the agency misrepresented rights. Case examples: Kelly v. Arriba Soft (2003), BWP Media v. T&N (2015).

Apr 6, 2:00 PM4/5 Witnesses

Willingness to Resolve

statement

While we maintain we acted in good faith, we understand the photographer's position. We removed the image from all active materials as of April 1st. We're open to discussing reasonable resolution that acknowledges our good faith purchase.

Apr 7, 3:00 PM4/5 Witnesses

Counter-Proposal

compromise

We offer $6,000 as a gesture of goodwill ($299 we paid to ImageStock + $5,700 additional), immediate removal from all materials (already done), and photographer credit on our website. We believe ImageStock should bear primary responsibility.

Apr 9, 4:00 PM4/5 Witnesses