Q: I bought an item on Amazon and sold it on eBay and now being sued by the rights owner who says he owns pictures on item
Copyright law. I purchased an item from Amazon and sold it on eBay. I used the stock pictures from the seller on Amazon. A "customer" bought the item and now says he will sue me stating the item used pictures that he copyrighted. He is not the seller on Amazon. He is the rights owner to the pictures the seller on Amazon used to list the item and package it, apparently without permission. The rights owner says for me to give him $6,000 or he will sue me in federal court. He and his lawyer friend live in California. I am in Texas. I sold it on eBay. He claims copyright infringement for the pictures I used to sell the item & packaging. I used the stock pictures the Amazon seller used, thinking he had permission. The item came in packaging with the same pictures. Would this suit need to be filed in Texas and not California? Am I protected because I legally purchased the item and expect the seller to have used legitimate pictures? Is it extortion for him to ask for $6,000 or be sued?
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A: Unfortunately, copyright infringement is a strict liability tort. The fact that you didn’t know the person didn’t have permission means they would not be able to show willful infringement but it doesn’t mean there may not be an infringement action. I think $6,000 may be a bit opportunistic but calculating damages in a copyright infringement action depends on a few things including whether or not the work is registered. The location of the suit depends on whether or not they can get jurisdiction over you in California. I would suggest contacting an attorney if they continue to pursue the claim. If I can be of further assistance, feel free to email me at Tania.williams@williamsfirmpa.com.
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