Email from pixsy. Should I just pay

[Asthomas]

Hi.

Any help greatly appreciated. I have received an email from pixsy acting on behalf of their client. They are asking for a payment of £600 for copyright infringement. I have looked on the forums and found past posts, the only problem is in my case I am guilty of the infringement. The image was from a U.S based website offering a service. It was for jewellery repair and the image was of a before and after of a stone been set in a ring. I have found the image on Google and used it on my website. Website was up for 3 months but no real visitors. I've not profited from it.

So anyway I don't dispute this, but I'm wondering is £600 a fair amount and should I just pay it. As I said I do believe I should pay as at the end of the day I am in the wrong. I just don't know if the amount is over inflated or not. I don't believe me using has caused to owner to lose any profit, nor would it have affected their business based in the u.s. but I have certainly breached their copyright as it's their photo.

Is there a fair amount in this situation or should I paying the £600? Is £600 itself more than fair?

Thanks in advance for any advice

[AndyJ]

Hi and welcome

While you accept that you are liable for infringement, this doesn't undermine the way that civil claims are resolved in the UK courts. The principle is that the claimant should be put in the same position as he would have been had the correct licence been paid for at the beginning. It would be very surprising if £600 was fair in such circumstances, therefore you are within your rights to try and negotiate a lower fee to settle the matter. Ideally you need to find if a licence to use the same image is being offered by a picture agency, perhaps one which Pixsy are claiming to represent. Then, if you do find the agency, make a note of the price of the appropriate licence you should have purchased and use that as your starting point for negotiations. If you can't find the exact before-and-after image, try and find something very similar which you might have used instead and make that fee your guide.

And just to add, you are not guilty of anything. Guilt is only determined in relation to criminal matters. You have committed a tort which is a civil wrong. The usual remedy for a tort is an award of damages based on the amount that claimant has lost out on, in this case not getting the licence fee to use his work.

[BBOjoili]

Can someone pay to have a T-Shirt printed with a picture that they have of themselves and a member of a band and/or music group? The picture was taken at an event and was a FREE picture of the music group.

[AndyJ]

Hi and welcome to the forum,

Provided that you have permission from the person who took the photograph, then yes that would be fine. If it was a selfie, then obviously you are the photographer and own the copyright in the image. However your second sentence makes me think that maybe this is merch you got at a gig, in which case you would definitiely need permission first.