its like a jungle when you dont have knowledge in law.
everybody who uses stock pics is moving on thin ice because if you are not the originator you dont have the rights to use the pictures.
mostly the companies dont investiigate that much but for example there was a wave of lawsuits of abercrombie&fitch in the past years here in germany.
everyone who was selling their stuff in new condition has received a complaint and if they used stock pics they get additionally penalized.
more then 5 items sold a month regardless of wheather new or used they complaint. if you just sold 1 item new anyway.
it was all because abercrombie wanted to launch their branches in europe and their marketing department was convinced that its a good method to punish all the international sellers of their stuff.
in these days their policy was that abercrombie was only availible in the usa and the onlinestore so that every seller out of the usa had no rights to sell A&F goods.
they had units of investigation that searched the internet and especially ebay for sellers of abercrombie and they get immediately sued and banned by a lawyers office her in germany called Winterstein.
the sellers had to pay huge amounts by way of punishment and a lot of them are dead broke now
just for delinquincy in copyrights. ignorance is no excuse in law.
some experts here in germany telling to avoid selling as a privat person particularly on ebay with paypal and the internet because you have no clue about trading rights etc. so that you might end up in court with a good chance to lose the case although there were no bad intentions.
and again ignorance is no excuse in law.
its just a warning but Im pretty sure that in the united states are nearly the same copyright laws as in germany. take china as an opposite. I know they dont give a damn about copyright laws for foreign countries/companies/trademarks and their goods but for their own products or inventions of course.
so you are also in the position that you break the law if you use former stock pics no matter if they are 7 years old or 2 easily because they are not yours. if you ask the copmany to use them and they give their ok you be on the save side.
I had some problems on my own with this company(A&F) so I made some invetigations and its all difficult and so damn much knowledge that I should study law.
and additionally its not a question of somebody is being offended its a question of money and marketing strategy and at least pathetic and hypocritical lawyers who need to make money.
they abuse their mandate just for making cash.
its like a mob of cheaps where you have to pick the black ones and everyone of them can be milked. not fair but true.
Edited by Der_Knechter666 - 9/16/10 at 5:51am