Search found 31 matches

by Fatty
Tue Jun 11, 2019 2:52 pm
Forum: Copyright Infringement
Topic: Pixsy Email Demand
Replies: 9
Views: 647

Re: Pixsy Email Demand

This is an interesting case. I agree with most although not all of what Andy J says. At the heart of this case is who posted the image as a CC image on Flikr. If it was the photographer himself then he has valued his own work as zero and the claim is fundamentally flawed. If the CC licence demands a...
by Fatty
Tue Jun 11, 2019 1:47 pm
Forum: Copyright Infringement
Topic: Wedding Venue Copyright Infringement
Replies: 4
Views: 317

Re: Wedding Venue Copyright Infringement

I agree with most of what Andy J has said. The only very minor disagreement is that what you send is a "demand" and not an invoice. Invoices are for where the parties have agreed. Obviously , given the position of the people depicted, you should first demand removal of all infringing material. Secon...
by Fatty
Tue Feb 12, 2019 7:58 pm
Forum: Copyright Infringement
Topic: Pixsy Email Help
Replies: 15
Views: 2806

Re: Pixsy Email Help

There is an aspect to this case that has been missed. The photographer is German. I see no reasons why he would or should enforce his rights in the IPEC. If the infringement was visible in Germany then the copyright holder can action the case in the German courts. ( See Pez Hejduk. v. EnergieAgentur...
by Fatty
Tue Feb 12, 2019 7:21 pm
Forum: Copyright Infringement
Topic: Timescales for IPEC Small Claims Track Cases
Replies: 19
Views: 2902

Re: Timescales for IPEC Small Claims Track Cases

Do let us know how you get on. Be aware that after your hearing the court is taking a considerable time to issue the Notice of Judgement , so you may still be some time away from getting paid. I read of a hearing in early November where the notice of judgement was only sent out mid January. they nor...
by Fatty
Tue Feb 12, 2019 7:10 pm
Forum: Copyright Infringement
Topic: Photo infringement. Assessing the compensation demanded.
Replies: 7
Views: 1551

Re: Photo infringement. Assessing the compensation demanded.

I think ist impossible to say from a simple forum post whether an amount of 4000 to 6000 GBP is too much or very reasonable. Looking at market rates is only relevant if the image is not one that is available to licence on the open market. If this is a professional image then the value of the image w...
by Fatty
Wed Dec 12, 2018 5:45 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 1192

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Andy J, I understand what you are saying, however I should point out that the court don't just rubber stamp whatever additional damages the claimant is asking for. Additional damages are always an amount decided by the court and they take that role seriously, this is why there is a quantum hearing e...
by Fatty
Wed Dec 12, 2018 11:51 am
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 1192

Re: Court awards damages of £2851.42 for unlawfully using one image on a website

Its true that the defendant did not appear in court in person, however that is the beauty of the Small Claims Track, neither claimant nor defendant needs to appear, you can have your arguments heard on paper. With trainfares sometimes costing over 300 GBP and the value of a lost days work, sometimes...
by Fatty
Tue Dec 11, 2018 1:46 pm
Forum: Copyright Infringement
Topic: Court awards damages of £2851.42 for unlawfully using one image on a website
Replies: 5
Views: 1192

Court awards damages of £2851.42 for unlawfully using one image on a website

A small claims case at the Intellectual Property Enterprise Court ( IPEC ) has been published. Normally small claims track judgements are not published and so its rare to actually see in black and white the sort of decisions made by the court. Apparently the photographer concerned went to great effo...
by Fatty
Tue Dec 11, 2018 1:24 pm
Forum: Copyright Infringement
Topic: Pixsy.com email re use of photo on website demanding fee
Replies: 18
Views: 5083

Re: Pixsy.com email re use of photo on website demanding fee

Andy J , yes there are some historical exceptions to the general rule that copyright extends to 70 years from the authors death, however I don't think this will help much here. Unless I am searching specifically for a historic image, almost all the images I see in online searches are digital images ...
by Fatty
Tue Dec 11, 2018 12:30 pm
Forum: Copyright Infringement
Topic: Stockfood
Replies: 21
Views: 10926

Re: Stockfood

I agree with much of what Andy J says however I disagree where he says "If you obtained the disputed image from a legitimate source and you can prove this, then this may provide a defence, and liability for primary infringement (if it exists) passes to the person who supplied the image to you." If y...
by Fatty
Tue Dec 11, 2018 12:03 pm
Forum: Copyright Infringement
Topic: Am I Infringing this business's copyright with this?
Replies: 13
Views: 2823

Re: Am I Infringing this business's copyright with this?

I have read all the posts, viewed the two images, and have to concur entirely with everything And J has said. I see only a vague similarity between the two images. You need to read the Temple Island v New English Teas Judgement Andy linked earlier. If they had evidence that you actually set out to c...
by Fatty
Tue Dec 11, 2018 11:45 am
Forum: Copyright Infringement
Topic: Timescales for IPEC Small Claims Track Cases
Replies: 19
Views: 2902

Re: Timescales for IPEC Small Claims Track Cases

Your experiences mirror all the other users I know of. The Court bureaucracy runs at glacial speed. Once a claim is served, they have 14 days to issue an acknowledgement of service and if they do that they have a little more time ( off the top of my head 28 days) If they fail to do this, then you ca...
by Fatty
Wed Oct 24, 2018 1:38 pm
Forum: Copyright Infringement
Topic: Pixsy.com email re use of photo on website demanding fee
Replies: 18
Views: 5083

Re: Pixsy.com email re use of photo on website demanding fee

The comments about Google are interesting. In the UK , underneath the images in image search Google says images "may" be subject to copyright. Interestingly if you search with a local IP address in google.de Google says images are "generally" protected by copyright law which is much nearer the truth...
by Fatty
Mon Aug 06, 2018 5:26 pm
Forum: Copyright Infringement
Topic: Losing the proof of permission
Replies: 2
Views: 1490

Re: Losing the proof of permission

As Andy say, you need to show you had permission to use the image or you will not be able to defend an infringement claim. Are you sure you bought the image from a genuine company? There are many fake companies out there that purport to give Licence for work that they don't actually own or have perm...
by Fatty
Mon Aug 06, 2018 5:18 pm
Forum: Copyright Infringement
Topic: Copyright Infringement Legal Notification
Replies: 7
Views: 2718

Re: Copyright Infringement Legal Notification

I agree with most of what Andy J has said above. I would be very careful to check the claim is genuine. Check that the solicitor really is a Solicitor and if he is, ask to see the evidence and the evidence of copyright ownership. In the case of a professional photographer, they earn their living by ...