Case #case-3
Photographer
KERI VerifiedTechCorp 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 reward good faith behavior over adversarial tactics
Initial Position Statement
statementI 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.
Copyright Registration Certificate
evidenceUS 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.
Original RAW Image Files
evidenceSubmitted 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.
TechCorp Advertisement Screenshots
evidenceScreenshots 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.
Commercial Usage Rate Sheet
evidenceMy 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.
Response to Stock Agency Claims
statementI 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.
Communication with ImageStock
evidenceEmail 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.
Damage Assessment
statementBeyond 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.
Settlement Proposal
compromiseI 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.
Organizing information, not imposing decisions
Can you provide documentation showing you took steps to prevent unauthorized distribution of this image before it appeared on ImageStock?
Did you attempt to verify the image's copyright status directly with the photographer before purchasing, beyond relying on ImageStock's warranty?
AI Output Verification
All statements, evidence, and compromise proposals
Settlement Proposal
reviewedI 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.
Counter-Proposal
newWe 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.
Damage Assessment
reviewedBeyond 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.
Willingness to Resolve
newWhile 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.
Legal Precedent Research
newResearch 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).
Communication with ImageStock
reviewedEmail 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.
Campaign Investment Details
newWe 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.
ImageStock Terms and Warranty
newImageStock'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.
Response to Stock Agency Claims
reviewedI 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.
Good Faith Purchase Defense
newWe 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.
Commercial Usage Rate Sheet
reviewedMy 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.
ImageStock Purchase Receipt
newPurchase 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.
Initial Position Statement
newWe 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 Advertisement Screenshots
reviewedScreenshots 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.
Original RAW Image Files
reviewedSubmitted 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.
Copyright Registration Certificate
reviewedUS 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.
Initial Position Statement
reviewedI 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.
Company
KERI VerifiedWe 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 reward good faith behavior over adversarial tactics
Initial Position Statement
statementWe 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.
ImageStock Purchase Receipt
evidencePurchase 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.
Good Faith Purchase Defense
statementWe 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.
ImageStock Terms and Warranty
evidenceImageStock'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.
Campaign Investment Details
statementWe 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.
Legal Precedent Research
evidenceResearch 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).
Willingness to Resolve
statementWhile 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.
Counter-Proposal
compromiseWe 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.