Search found 10 matches

by mrhdooley
Fri Nov 26, 2010 3:33 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Thanks a lot Andyj. Your help has been great. I will be sure to let you know how this turns out. I am hoping that they are bluffing on the issue and waiting to see if they get something more official from an IP Lawyer rather than a mere 'hobbyist' like myself!

Its quite interesting the whole thing ...
by mrhdooley
Fri Nov 26, 2010 6:32 am
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Thanks again. Always very helpful.

My friend is going to consult an IP Lawyer.

When reading the case you sent me in the link, the judge explains a lot about what he thought in regards to evidence and version of events and its reliability.
In my friends case, if and a big IF, a verbal agreement ...
by mrhdooley
Thu Nov 25, 2010 8:46 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Once again, thanks for your help. I have had a read though the judgment and it makes very interesting reading.

I think my friend will need to seek an IP Lawyer in Australia. We are 100% sure that no verbal agreement was ever made as no discussions took place about the photos usage or licenses and ...
by mrhdooley
Thu Nov 25, 2010 12:05 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Ok, thanks again for this invaluable info.

Should we speak with the manager and try to organise mediation in Australia 'without prejudice' to try and come to an agreement and if so do mediators help with drafting agreements or would he be better off with an IP lawyer to negotiate from the beginning ...
by mrhdooley
Thu Nov 25, 2010 11:59 am
Forum: Copyright Infringement
Topic: Request for legal letter templates etc.
Replies: 3
Views: 33775

Hi,
Do you mind if I ask what courts this case went through and if you had a solicitor or represented yourself?

Regards
by mrhdooley
Thu Nov 25, 2010 7:18 am
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Ideally, I guess, by pressurising the music label and the manager, it could be used as a bargaining chip in any 'without prejudice' negotiations. I imagine the music label will be putting pressure on the manager to 'fix it'. What do you think? As I said, a modest license fee is all that is being ...
by mrhdooley
Thu Nov 25, 2010 6:24 am
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Thanks again for the advice! very detailed and helpful!

Ok, all images have been removed, but not before being evidenced and collated.

The 'official' website states is owned by the UK record label and takes responsibility for the site, even though the contact is the manager in Australia. So that's ...
by mrhdooley
Wed Nov 24, 2010 8:13 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

many thanks for your response.

The only thing my friend wants to get is the license fee that he should have been paid for them using the photos.

The official website of the band is held on a server in the UK and has to be dealt with in English courts as it is by a UK music label. I live in Europe ...
by mrhdooley
Wed Nov 24, 2010 3:13 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

Update,
My friend now has an email from the bands manager that clearly says they used his photos, so this is not being disputed, what is being disputed is that the manager says he had agreement that they let my friend on stage if he passes them on the photos. They have no evidence of this agreement ...
by mrhdooley
Tue Nov 23, 2010 10:45 pm
Forum: Copyright Infringement
Topic: RE: image use on internet and small claims court
Replies: 14
Views: 26178

RE: image use on internet and small claims court

HI,
I understand that copyright cases cannot be heard in a small claims court, but I was wondering if there are ways around it if the copyright breach is very straight forward?

I have a friend who is a professional photographer and took some photos of a music group. These photos were shared by ...