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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10169
Experience:  Barrister 17 years experience
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I Have an intelectual property dispute with a large company

Customer Question

I Have an intelectual property dispute with a large company I was engaged to take a large series of images for thermarketing web site etc. I wrote a letter to the comapany conerned
stating that the images had a one year usage. I have since brought a case against this company and accepted an offer if they paid straight away. This is not happened and they are stalling the procedure. Can I make them take down the website containing my images until the matter is settled?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Yes, you can force the large company to take down the images until the monies are paid. However, you will first have to serve a notice of repudiation of the settlement agreement you entered into which provided for immediate payment. Essentially, a settlement agreement is like any other contract. Once accepted you are bound by it until you repudiate it due to non performance of the agreement. So you must first repudiate the settlement agreement on the basis of non-performance and immediately direct them to take down the images. You can then bring injunction proceedings if necessary, to force the shutdown of the website whilst it contains any of the images you have copyright over. In future, you need to have an "Unless" clause in your settlement agreement whereby the images are to be taken down from a certain date "unless" a sum of money is paid. This ensure that you are not left "hanging in the wind" as has happened here, where your images are being used and you have received no money.

Buachaill :

Please RATE the answer positively so that I may get paid

JACUSTOMER-q11flgdo- :

The other side produced an open contract that referred to all of my images and we wanted this changed to only the images being used by them this I understand was acceptable

JACUSTOMER-q11flgdo- :

but they have not paid

JACUSTOMER-q11flgdo- :

sorry for the delay could have a look at my reply

Expert:  Buachaill replied 3 years ago.
2. Such a contract is fine if a party will adhere to its terms. However, where parties are already in dispute, then you should insert clauses of your own to protect yourself. Otherwise, if they don't pay you, legal action is required to get your money. So in future insert an "Unless" clause which means that absent payment of the money the images cannot be used. Here you are left with the outcome that use of the images is legally correct pursuant to the contract, so you are left with either repudiating the agreement or suing for your money. It is far better to simply have the self help remedy of removing the images.
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