The danger of using copyright-protected photos, cartoons, and clipart

Websites

Many Probus clubs have their own website to help promote and organize their activities. To make these websites more appealing, web coordinators sometimes download from the Internet and then insert photos, cartoons, and clipart (here summarily called images) in web pages or newsletters.

Facebook and other social media

Be aware that posts to Facebook and other social media platforms must also adhere to copyright laws.  Additional information for Facebook can be found here.

Dangers

This is problematic, as several Probus clubs have found out.

There is at least one Canadian company (PicRights.com) that claims to represent the copyright holders of certain images. They scan the public Internet for unauthorized use and then demand stiff penalties (several hundreds of dollars per image) while threatening legal action.

What should each Probus club do now?

Each club's website coordinator needs to review the public portion of their website and remove or replace images unless they are 

• Original content produced and authorized by club members
• In the Public Domain
• Released under Creative Commons license with accreditation, where required. pexels.com is an example using Creative Commons Zero for free use of their images.
• Licensed via purchase or other agreement, e.g. from istock.com or similar services

This is potentially a lot of work. To buy time, website coordinators should consider moving old content such as newsletters to a protected area of the club's website, i.e. one that is access-controlled via username/password. While this action does not make it any more legal to use copyright-protected images, at least scanners will not find them.

If a club purchased licenses, website coordinators need to make sure to keep good documentation so authorized use can be demonstrated now and in the future.

What to do if PicRights.com or another similar company files a claim against your club for copyright infringement.

Do not respond to PicRights (or any other similar company).

Contact our insurance broker HUB, and copy the PROBUS Canada general manager on your correspondence, 

The PROBUS Canada insurance policy requires that you report a claim to HUB as soon as possible after you first become aware of the claim.  The claim must be reported in writing.  

Email:  probus@hubinternational.com

HUB International Ontario Limited

130 King Street West, Floor 11

Toronto, ON M5X 1E4

PHONE: 416-597-0008 FAX: 416-597-2313

Copy the PROBUS Canada General Manager at gm@probuscanada.ca.