PicRights continuing to claim for extortionate amount

[Markdavis]

I have received two claims from PicRights about a blog form nearly 2 years ago.

Alamy - claim of £400. I approached Alamy as a ‘new customer’, found the image in question and outlined explicitly how I intended to use the image. They said the required license would be £300. I went back to PicRights with this email, they accepted an offer from me of £200.

Splash News - claim of £1500, but reduced to £750 after I first contested it. I took the same approach, contacted Splash News as a ‘new customer’, found the image in question and outlined explicitly how I intended to use the image. They were very helpful and sent me an email explaining the required license and that it would be £100. I went back to PicRights with this email who were obviously peeved. A day later I got an email from Splash News saying they were not aware of my ‘ongoing issue with PicRights’ and that the £100 offer was incorrect and withdrawn and that I need to continue speaking to PicRights. PicRights have come back demanding £1500 again, reduced to £750 if I pay within 3 days. I’ve refused that, stating that the original license would have been (with the email as proof) £100. I have been absolutely explicit in getting a quote for that license explaining exactly how I intended to use it. They have replied saying the case has now been passed to their legal enforcement team and the £750 offer withdrawn.

What next? Do I just stand my ground?

[AndyJ]

Hi Mark and welcome to the forum,

First of all, congratuilations on your success with the Alamy image.

With the Splash image, nothing has changed since you have established the true market value of an appropriate licence for the image, even if Splash have now withdrawn the offer. This figure would be critical if the matter were to go to court, since that would be the basis for any genuine assessment of damages. However this probably won't go to court because PicRights and Splash will be aware that option is uneconomic for them. A claim for £1500 for the loss of a licence which is actually worth £100 could not be sustained in front of a judge. So in the worst (and least likely) eventuality of a defended court case is an award of £100 for damages plus around the same amount again for court fees. On that basis, you can remain firm with your counter offer. The 'legal team' part is just part of the theatre. And if they do get in touch, at least you will be dealing with people who understand how the law works, and you can keep a smile on your face knowing that every letter or email the legal team send will be costing PicRights several hundred pounds which they cannot recover through the courts.

Just so you have the ammunition ready, here's a link to the IPEC Small Claims Court Guidance

[Markdavis]

Thanks Andy - that is really reassuring.