Did a banner exchange, now Getty is fining me?

December 12, 2008 @ 6:01ammappenzellar says:
Hoping for some insight. I did a banner exchange with a company...the very common, if I put their banner on my site, they will allow me to be in their directory. I did this thinking...a little exposure, great! Well, not so great, I got a registered letter from Getty Images saying they found an image on my site that wasn't licensed to me. Well the image in question was the one used on the banner that right on the banner said the other companies name. Am I really liable in this instance? BTW, of course, the company I did the exchange with is no answering my emails and can't seem to find a phone number for them.
December 16, 2008 @ 6:38amksmith says:
You certainly could be liable for infringement in this situation. Copyright infringement is "strict liability" -- it does not matter that you did not intend to infringe or that someones else may have been a worse actor than you. You could try replying to Getty and saying that you did not understand your mistake and have removed the banner. If they persist in demanding a fine or threatening to sue you, you should consult a lawyer.

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