PicRights Solicitor Letter Demanding Fee For Alleged Image Use

[ScruffyDuck]

Thanks Andy

That clarifies things very nicely. I will certainly be very careful about using images in the future without being absolutely sure they can be freely used.

Jon

[ScruffyDuck]

Thanks Andy

That clarifies things very nicely. I will certainly be very careful about using images in the future without being absolutely sure they can be freely used.

Jon

[ScruffyDuck]

Just to close this off. The Marketing/Promotional license for two years exceeded the amount asked to settle the claim by a significant margin so for this specific situation I accepted their figure.

[AndreiPoppovv]

Is there a way to DM AndyJ

I've got a strange case with picrights, before making public I'd like to explain mine as it's unique by the looks of it.

[AndyJ]

Hi Andrei,

I think that with the way the forum is set up, you can't send a PM until you have made several postings. In any case I don't really encourage PMs because I don't give personal advice.

[AndreiPoppovv]

I was just hoping you could take a look at what they've sent me, I'd just rather not post publicly details of this as it's escalated but interestingly, I think they've missed something while going for a prize.

[Jim47]

Hi Andy, our team got copyright issues with images reported by PicRights. They quoted 300 GBP for two images the first time, and we paid in July. They then quoted 1200 GBP for another 2 images this week. I saw all images were scanned and captured in June (same time, same date). I negotiated with them, and they reduced the price from 1200 to 300 GBP. I'm not planning to pay them yet. I don't know how they worked, please see if you may share some opinions on it. If they had preserved a lot more photos when they got our payment the first time, they would probably demand a lot more to release more photos in the second time, right? Or will they just send two images each time to see our reaction? I really don't know how many photos they got, but our website is about software, and there're rare situations to copy journalist images by mistake.

Now I want to ask if that's the last they found. Is it risky to do so, or should I put it straightforwardly? Or should I need to find a lawyer to help us ask them? I don't want to pay PicRights anymore after this time.

Thank you in advance for your help.

Regards
Jim

[AndyJ]

Hi Jim,

I have not previously heard of this tactic of making claims for separate images spread out over time. I think the most important thing you should do is a full audit of everything (not just images) that is on your website and ensure that it was either authored by your team or that you have the necessary licences to hold a copy of the work. Obviously anything you can't account for under either of these headings should deleted immediately or a licence applied for to continue using it. If you make use of short quotations of other people's text under the fair dealing exception, make sure that the credits for the original author and publication are in place. Details on this can be found in section 30 of the Copyright Designs and Patents Act 1988..

[AlexUkraine]

Hello Andy

I am from Ukraine and have a LTD company registered in UK. We do not do any activity in UK.
Some months ago i have received a several letters from a PicRights to company’s registered office and then redirected to me. They asked from me 525 Pounds for using 1 picture on my corp website. (that is pretty strange, because there were more than 1 picture from the same place)
First of all i removed all content from the website.

After I did reply them that website was made 3 years ago with a company based in Russia and they used only licensed pictures. But i could not request any licenses since it is a war between our countries. Also, i did ask to give me a calculation of a 525 GBP amount.

PicRights replied that it’s a license for 4 years usage and offered to pay 300 GBP.

I refused them stating the following reasons:

- the website was not existing for 4 years, at the time of their first letter it was just 1,5 years online (even the WebArchieve shows less then 1 year)
- if they can prove the ownership of the picture and a fair price, i would pay them for a usage for 1 year, that picture actually used, despite the fact that i used it fairly and that the company that maid a website has all the licenses.
- I had no possibility to pay them because we can not pay outside Ukraine because of the war restrictions
- Since I have no possibility to come to Uk at the moment, i proposed to postpone their claim till the war is over and i will have a physical possibility to come to UK
- Me and my company has no money to spend for nothing and i would better spend it to support the army of my country.
I realise that it is a bit wrong answer, but’s how it is.

They told we that they are done all they can and pass it to they lawyers.

Today i have received a letter from a Burness Paull law agency on the same matter

they ask to:
-provide a license or
- remove the picture
- sign SRA (settlement and release agreement)
- pay 525 GBP
Otherwise they may go to the Court.

I do not want to pay them without a reason, hate that kind of a bulling.
I would better pay for the trip and go to a court by myself.

Please explain me:

-do they have a theoretical legal chance to charge me more than 525 GBP (for example + 1000 GBP for legal costs)?
- maybe any suggestion of whet to reply (or not to reply) to the lawyers (not a legal advice)
- any reference, who could help me with a paid legal advice if a case will go to the court

[AndyJ]

Hi Alex,

Realistically I don't think there is anything they can do while you remain in Ukraine. Theoretically your UK company could be held liable, but if it doesn't have any assets in the UK there's nothing for them to recover. I would hope that the Burness Paull law firm will see the hopelessness of the position and advise their client accordingly.

[AlexUkraine]

Thank you very much for your reply.
The only my concern was that they could add the legal expenses to their claim amount and win the case because of the impossibility to defend myself at the moment. And a result i would have a ridiculous debt and a problem with UK authorities, which I definitely do not want. I love Uk and I used to travel there a lot and hope to come again in the future. That is just based on my past experience in Ukraine. I believe it’s not like that in UK.
Thanks again, will keep you informed here.

[AndyJ]

Even if they decided to go to court over this, you would be notified and be able to submit a defence which wouldn't require you to attend in person. Or better still, you could submit an application that any hearing is postponed until such time as you are reasonably able to attend in person. In view of the situation in Ukraine at the moment, I think any court would be very sympathetic to such a request, especially as part of your defence relies upon being able to get evidence about the licence from the web designer in Russia.