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??
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
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.
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.
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