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

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

Post by danieleros »

Again thanks for the quick reply.

I would be interested to hear your thoughts on how a judge would potentially view a claim that was say £1,000 when Pixsy were offering a fee closer to £300 to resolve the matter?

Would this be looked upon as unfavourable??
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AndyJ
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Re: Pixsy.com email re use of photo on website demanding fee

Post by AndyJ »

Hi Daniel.
The court would need to be convinced by the defendant's argument that the amount of the claim did not represent the true market value of a licence for the image. Part of this evidence would no doubt include the fact that in the pre-litigation stage an agency working on behalf of the claimant set that value at £XXX. However the claimant may aduce other evidence which supports their claim for £XXXX. It all depends on how the parties argue their respective cases. The judge will not have a separate personal opinion one way or the other, he or she will look at the evidence put in front of them.
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