COPYRIGHT INFRINGEMENT INFORMATION

Information for persons in receipt of a Hypervision Copyright Breach Notice, Infringement, Invoice, Claim or Court Order

If you have received a copyright notice, invoice or court order from Hypervision (or subsidiaries) 

this means a copyright photographic image or video clip has been detected on the internet, broadcast or via printed material, that does not match a paid licence or copyright waiver.

If you have a paid licence or receipt, simply click here to fill in the evidence details and the matter will be instantly closed and we thank you for you time and apologise for any inconvenience.

 

IF YOU DO NOT HAVE A LICENCE - ABOUT THE PROCESS
Hypervision Copyright Infringement is detected via a Digital Detective Service in Germany, which triggers a standard copyright prosecution workflow (worldwide) when an unlicensed image

is discovered.

Unlike many copyright claimants, Hypervision recognise that some persons and organisations may use images in complete innocence  / ignorance or under the belief they have been supplied images with copyright clearance.  Under the terms of copyright law, this does not make it legal.

In the interests of fairness and to allow a quick remedy for potential copyright breach, Hypervision offer people the opportunity to buy a "reverse licence" which will fulfill image / footage licence obligations, recovery detection and legal costs to this point. Which means if you pay the invoice,
the image/s are now legal and licenced and no further action will be taken. A licence confirmation will be sent to you within 14 days of payment.

This is a fast and positive method to allow innocent people who have accidentally, or in ignorance used a copyright image (footage).

If you choose not to pay the invoice / infringement, a follow up statement will arrive in 14 - 30 days and if this is not satisfied with payment, the matter will be automatically referred to the Legal Team for assessment and likely prosecution. You can browse a few copyright cases at the links below.
 


Copyright Media Reference materials:

  1. Copyright Cases Compensation (ABC)

  2. Infringement Penalties are Scary (Bloggers beware)

  3. Real Estate Image Theft

  4. Copyright for Real Estate Agents

  5. 5 Famous Copyright Cases

If you wish to defend the matter, you need do nothing and just wait for the appropriate court documents to arrive, at which time you can state your defense and the magistrates court of Australia will set a discretionary hearing date for you to have your day in court.

FAQs
 

  1. I have deleted or removed the image now!
    Deleting or removing images / footage does not remedy the infringement

     

  2. Someone gave me the images to use!
    Accepting or displaying images from a third party does not give any permission for use

     

  3. I have gone onto a Hypervision website and purchased the same image
    Purchasing a standard image licence after notice has been served, does not apply to any images outlined in an infringement or copyright notice. Each licence relates to a single image.
    (1 licence to 1 image)

     

  4. I think the licence fee or invoice is too much for the purpose I used it for...
    (See more)


WHAT HAPPENS NEXT? 

 

Once a Copyright Infringement invoice has been raised, it will not cease until evidence has been sighted, payment has been made or a court ruling determines fault and applies appropriate penalties or judgement.
 

Copyright breach is a serious crime. Its always cheaper to buy an image than steal one!

IS THERE ANOTHER WAY? 
 

Our system determines a reverse licence fee based on usage and exposure, plus the level of recovery. On some occasions, we allow clients to settle or make an offer to satisfy the license fee which may be lower than the invoice price. This offer will be forwarded to Hypervision Production Team and in turn the actual photographer or videographer for acceptance or rejection.

Offer acceptance is usually based on:

A: The severity of the breach

B: The Age of exposure

C: The Estimated Commercial worth

D: The history of the offending breach

E: The Offer (& Payment method)

F: Client Status 

To make an offer on a current infringement notice, please click here.
 


FURTHER INFORMATION

For further information please contact
legalteam@hypervision.com.au


All correspondence must be in writing via post or email, we do not offer phone support. Please note that the legal team are not in a position to hear or accept evidence, statements or bargaining. This opportunity will be given as a matter of fairness in a court of law.

Also see Copyright Act of Australia & Copyright Act of United States

Standard Hypervision licence terms

 
 

COPYRIGHT PROOF OF PURCHASE

If you have proof of purchase or licence, simply enter information below

 

LICENCE OFFER

If you wish to make an offer, simply enter information below