Copyright Violation. Any Solicitors suggest where we can get help?

Aubrey_Thicket

Hi


The letter is titled 'Letter before claim'

unholyangel

What exactly does the letter state (minus any of your brothers personal details of course)? Does it mention account of profit at all? Or flagrancy? Did they give a breakdown of the £1000 or just say £1000?

If the latter, I'd be inclined to believe they're trying the extortion route rather than a genuine claim for genuine damages. Genuine claims should actually break down the amount so you know exactly what the damages are comprised of.

Normally where there has not been a deliberate and intentional infringement of copyright (or flagrancy if you prefer), damages would be limited to the copyright owners lost profits. So if they normally charge £150 for use of the image, that would be what they can claim.


Your brother should at least try and contact the website designer though and ask him (in writing so you have a record if needed) what steps he took with regards to origin & licensing of the content he used. And perhaps also to make him aware if proceedings are issued, the brother will be naming him as a third party defendant.

steampowered

I wouldn't get in a discussion with them about making them prove they own the copyright and what an appropriate amount might be. Just say he has taken down the image as a gesture of goodwill and leave it at that.

I think it is unlikely they would take matters further, and if they want to it is for them to prove these things.

You should also google the name of the solicitors. Very often these are firms set up specifically to send out large numbers of similar letters so it is worth seeing what other people in similar positions have done.

shaun_from_Africa wrote: »

After having a quick look at the relevant legislation (Copyright, Designs and Patents Act 1988), I would think that provided you BIL had no knowledge of the image was copyrighted to another person and they have now removed it from the website, they should be okay.

http://www.legislation.gov.uk/ukpga/1988/48/section/23

Unfortunately, the knowledge requirement only applies to 'secondary copyright infringement' which is essentially just possession of copyrighted material. I think posting an image on a website would I think be 'primary copyright infringement' which does not require knowledge that the picture you have on your website infringes copyright (see http://www.legislation.gov.uk/ukpga/1988/48/section/16).

In any event, it sounds unlikely that anyone would bother suing a small fish for copyright infringement (although they may receive letters from people from the copyright owner if he does a google image search).

BossyFlossy

We've had a similar letter from the same region, though they are not solicitors.
We've decided that we will send a letter of acknowledgement and though it's not a scam, it is a scam iyswim!
I went to CAB who just to me to pay up.
I suspected they were in the business of finding small vulnerable business who might just cough up.
I am thinking of contacting Rip Off Britain, the amount of stress this has caused is unreal.
How can these people sleep at night!
I hope this is the end for us and your BIL Aubrey.

steampowered

Don't get stressed about it.

During the past few years there have been a number of companies which have issued these sort of letters threatening to sue people for copyright and asking for £1,000 like confetti. If only a small number of people get scared and pay up that is a nice little earner.

Only a tiny percentage (if any?) claims were ever issued, and only in serious cases.

BossyFlossy

Just to update. We have had another letter from the copyright Infringement company now threatening court. They have evidenced the source of the photo and I really don't know what to do.
Any suggestions please?

ThumbRemote

So they sent you an initial letter threating court.
Now they've sent you another letter threatening court.
If this carries on escalating then they may even send you a third letter threating court.

What did you put in your acknowledgement letter? It sounds to me like you've given them reason to think you might give in and pay them.

The advice in post #5 was excellent. Did you follow it?

BossyFlossy

HI,
I did almost exactly what was suggested in post 5 the only thing I didn't mention was that I thought that £1000 was outrageous.
I was very careful not to admit liability. He has come back with evidence of the copyright owner though a few elements don't add up......
To quote :
Thank you or bringing the matter to my attention. The image was provided by a third party, I do not admit copyright infringement.
The image has been removed from my website.

steampowered

I don't think there is much to add to your letter BossyFlossy. I'd just bin their recent letter. The chances of court proceedings actually being issued are remote. Even if they did start a court case you could offer to settle at that stage.

If you want, you could do another response saying you do not admit copyright infringement and in any event see no basis for them to claim damages of £1,000, but I think that is unnecessary.

tiz

Does he have business insurance? If so there might be legal advice/costs included which could get him some professional advice.