Kodakone asking payment for copyright infrigement

If you are worried about infringement or your work has been copied and you want to take action.
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ashishjha
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Kodakone asking payment for copyright infrigement

Post by ashishjha »

I received a letter form this company asking 30000 Euros for use of a photograph. I replied to then and said sorry and also stated that we take pic from google and we had no intention of copyright infrigement. Even though they are demanding 30000 Euro. Help me what to do
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AndyJ
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Re: Kodakone asking payment for copyright infrigement

Post by AndyJ »

Hi ashishjha,

The amount of the fee being demanded is totally disproportionate to any loss the photographer might have suffered as a result of you not getting a correct licence for this image.

You don't provide any details about how the image was being used. For instance, was it on a commercial or personal website? And for how long was it there? Also it would be helpful to know where you are located. Without this information it is hard to provide any detailed advice other than to say that you should refuse to pay the full amount being demanded and instead negotiate a fair settlement. Even if they carried out the threat to take you to court, you would not have to pay that much in damages. However the last thing they want to do is get the courts involved, because of the extra expense involved and because they are likely to be censured by the court for their oppressive behaviour.

Using the information they should have provided you about the photographer, and doing a reverse image search, try to find out where this image is being offered on licence. This will usually be a picture agency such as Getty or Shutterstock, although I have heard of cases where KodakOne are working with Reuters, so that might be worth checking. If you can find the same image being offered with a licence, note the amount of the licence fee and make this the basis of your counter offer. For example if the image was on your website for less than a year, the amount of loss to the photographer is the licence fee for 12 months. This is all he or she is entitled to be way of restorative damages.

Did KodakOne write to you from Germany? If so, their ability to threaten court action is soon to be severely reduced if you live in the UK, outside the jurisdiction of the German courts, once the UK leaves the EU in 15 days time. This gives you a strong bargaining position. However if you live within the EU, matters may not be quite so favourable.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
ashishjha
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Re: Kodakone asking payment for copyright infrigement

Post by ashishjha »

Dear Andy J

I live in India and kodak said me of using a image from May 2019. But they wrote me about the same on Nov 2020. Secondly the provided me the details of particulars of image on 15 Dec 2020. After that i deleted the post which was on my news portal.

The image was of a leader addressing a press confrence.

Kindly help

Thanks
Ashish
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AndyJ
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Re: Kodakone asking payment for copyright infrigement

Post by AndyJ »

Hi Ashish,

Although Indian copyright law has many similarities with British copyright law, I have no real knowledge about the way the Indian courts view such matters. Under the civil law system which both Indian and the UK operate, a person making a claim of copyright infringement is only entitled to ask for damages based on what he or she has lost out on because you did not get a licence at the appropriate time. So for instance, if a normal licence to use the image of the leader would have been 10,000 rupees, the photographer could only seek that much in damages, although the court might also award the legal costs of the winning party to be paid by the losing party. It is highly unlikely that even with these legal costs, the amount an Indian court might award would come close to the 2.7 million rupees (30,000 Euros) KodakOne are asking for. That is why it is disproportionate.

As I can't advise you in any detail, I think it would be a good idea to try and get some legal advice in India. My instinct says this is not something you need to worry about because of the difficulties KodakOne or the photgrapher would face in actually taking you to court in India. If they use the German courts system there is virtually no chance that they can get that enforced in India.

If you can find the image being offered with a licence by a picture agency website in India, use the fee they quote as your counter offer, and if KodakOne won't accept it, tell them that is your final offer, it is fair and is based on the market rate for a licence.

I am sorry that I can't be more helpful.

Andy
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
ashishjha
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Re: Kodakone asking payment for copyright infrigement

Post by ashishjha »

Thanks for your kind help
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