Search found 13 matches

by Gprit
Thu Nov 19, 2015 9:18 am
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Thanks Andy......Citizens advice don't really want to know, and solicitors need £500-600 just to review!. They have been told way back in August that steve@<restaurant> is nothing to do with the business and to stop sending him information, yet they continue to do so.

Am awaiting my client's view ...
by Gprit
Wed Nov 18, 2015 3:21 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Thanks Andy....."....in confidence and might reasonably be expected to have known that".

Surely just using the email address on the website to send threats of court action, without establishing who that person is (someone who is nothing to do with the ownership of the restaurant), causes damage to ...
by Gprit
Sun Nov 08, 2015 1:27 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Anyone have any advice on this one?
by Gprit
Thu Nov 05, 2015 9:26 am
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Ongoing......

After a gap of two months my client has again received a demand for £2400 in respect of this image. They have not yet provided proof that they manage the rights and from what date. Further research shows it all over the place, including The Times in 2011.

Anyway, my question now is this:
They ...
by Gprit
Tue Sep 01, 2015 10:18 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

The second bit about USA servers I can understand, but surely in any action the defendant has the right to see proof of ownership of eg of a photograph?
eg I/anyone could easily set up a website....watermark some images and then send claim letters demanding payment for breach of copyright to other ...
by Gprit
Tue Sep 01, 2015 2:24 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Update
Solicitors all want fees to look at the case(!) but have forwarded to Government Interllectual Property Office and am awaiting reply.
Two things:
1) I requested sight of proof that they had a contract with the photographer owner - they refused to send as I am not a solicitor!!
To me - no ...
by Gprit
Mon Aug 24, 2015 12:30 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

thanks again!
by Gprit
Mon Aug 24, 2015 12:01 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Update - Have now received the full claim from Stock Food (am I able to attach this anywhere here?). Am waiting to hear back from Solicitor.

There is one paragraph that seems at odds with a previous reply

Their letter states "Infringement detection and Collection fees are contractual obligations ...
by Gprit
Fri Aug 21, 2015 4:04 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

will do Monday now- many thanks....

I accept that however innocent the usage they are correct in claiming infringement.....and myself and client would probably go 50-50 to resolve IF it was limited to what the original license was (£155)!! Just to avoid spending more time on this!
by Gprit
Fri Aug 21, 2015 12:51 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Many thanks again, and you are correct in that there was no profit derived from using the image.

The image with Getty is Rights Managed and I actually telephoned Getty (without disclosing the details) and they tell me that Stockfoods authorised them to use the image, as people tend to look there ...
by Gprit
Thu Aug 20, 2015 10:26 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Can I just double check that the following is correct:
" In the normal course of a copyright infringement court case, the claimant can only expect to recoup in damages what they have lost due to the infringing use. So in this case it would be the appropriate fee which the agency could have charged ...
by Gprit
Wed Aug 19, 2015 1:25 pm
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

Many thanks for the comprehensive reply.
The website has only been active since January. Before using the image I did look at a couple of Stock Image websites (eg 123RF/istockphoto) as these are where I always purchase images when I need them.
There doesn't seem any other way of discovering who may ...
by Gprit
Wed Aug 19, 2015 9:56 am
Forum: Copyright Infringement
Topic: Copyright infringement - are we liable and what should we do
Replies: 37
Views: 69885

A good coverage of the topic.

I have a similar situation in that I actually built a website for someone.
The someone has now received a demand for copyright infringement and damages of £1000 if paid within 14 days....£2,300 if after that time).

The image is an innocuous thumbnail image of a jacket potato with cheese on top ...