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IPO Mediation

Posted: Fri Jan 26, 2024 8:40 pm
by Les
Hi

Are you aware of anyone who's used the IPO mediation service (https://www.gov.uk/guidance/intellectua ... on-session) in relation to a claim from 'ambulance chaser' companies like Pixsy and others? If so did it lead to a settlement?

Les Alderwood

Re: IPO Mediation

Posted: Sat Jan 27, 2024 8:32 am
by AndyJ
Hi Les, and a belated welcome to the forums,

I am not personally aware of anyone who has used the IPO sponsored mediation system for cases like this. It is certainly preferable to going to court, and indeed the courts often want to know whether mediation has been tried, but since there is an extra cost involved, it is not always a sensible way of dealing with small claims, since the mediation fees* can quickly outstrip the amount of damages which are in dispute. Irrespective of who first raises the issue of mediation, on the claimant's side the only person who can agree to mediation is the copyright owner, so it stands to reason that Pixsy et al cannot suggest this route on their own initiative. Mediation is very useful where there is some ancilliary matter to be resolved (eg a dispute about who actually owns the copyright) rather than the relatively straightforward matter of the amount of damages in issue. In theory using mediation in cases like this would favour the defendant because it removes the bullying tactics and inflated fees of the claims management company from the equation, and so the figures for damages can return to realistic levels.

* I imagine that you have already seen the fees for mediation on the IPO website, which start at £75 for the first hour, per party, for online mediation and £152.50 per party for in person mediation.

Re: IPO Mediation

Posted: Sat Jan 27, 2024 10:41 am
by Les
Thanks Andy

My colleague be happy to pay for an hour or two if it led to Pixsy's huge claim being dropped. The number of times I've seen the photographer's name come up in Pixsy discussions online suggests to me that it might be his business model to offer images in CC3 then chase up with Pixsy or other companies, so he'd be unlikely to take part in mediation.

I would like to ask more about this case, but am reluctant to give away details that Pixsy could see if they scan it. Is there any alternative to public posting on teh forum?

Re: IPO Mediation

Posted: Sat Jan 27, 2024 5:27 pm
by AndyJ
Hi Les,

I appreciate that you wouldn't want to discuss the details of the case openly on the forum because I think we have to assume that these companies may monitor the discussions here. However I personally do not wish to discuss cases in private because there's a real chance that your friend may mistake what I might say as being legal advice on which they go on to base the conduct of their litigation. If another member is prepared to discuss the matter in private, perhaps based on their experience, then of course they are perfectly at liberty to do so.
My (admittedly self-appointed) role is to try and explain the law and how the system generally operates, and so if you can outline an issue in general terms in the open forum I will do my best to explain how the law might apply. I cannot, for good ethical and legal reasons, provide bespoke advice on your friend's specific case.

Re: IPO Mediation

Posted: Sun Jan 28, 2024 3:58 pm
by Les
That's fair, Andy, thank you.

We've benefitted a lot from the previous discussions here, enough to understand that there is no financial loss where a photo is used via CC3 with no attribution, where the photo is available only through CC3, on more than one site. I think there is also some difficulty for Pixsy in proving copyright of this particular image.

I'll help my colleague draft a reply to the claim and indicate a willingness to go to mediation if the photographer agrees.