Hello, I am having the same problem as the person advised pertaining to copyright issue of a photograph on the internet, link http://www.justanswer.co.uk/law/8qrgp-copyright-breach-contract-photo-questioni.html. I have removed the image on the day we received a letter claiming copyright infringement despite this they are still trying to extort money from me. Note the picture is available off google images and is on the bbc website, in 2 articles. Kind Regards
in excess of £1000 plus costs or 50% to settle now. This is extortionate, I wasn't selling it or using it to sell a service, it was just a blog article. I have no advertising on my website. I found the image on Google, among a variety of similar images and the image in question is on 2 BBC news articles. The claimant has this image on their website but doesn't sell anything, I don't even know if it is theirs.
Thank you for your help.
Thank you so much for your time again.
I have been doing a little research into copyright law, to give you a bit of context the photo in question is of a public government building and the blog article was related to current news events. From what I can gather there are fair use exceptions to copyright law. Please forgive me I am not a lawyer this is just what I have found and maybe you can clear this up for me.
Firstly there is no copyright ownership within the meta details of the image so it did not show up on the google search, I have a screen shot.
The other thing I looked at the copyright law and looked under exceptions for fair use which says there is an exception for fair use if you are reporting on current events, except photos unless it is credited to the owner (section 30); ok fair enough but I didn't know who took the photo so couldn't; there is no information pertaining to such a fact, no watermark, no copyright info in alt tag, it's on their website but that isn't proof and as I said it's on the BBC website.
That isn't all though, I looked a little further and it goes on to say there is a further exception if the photograph is of a public building, which it was, it was a council building. This is found in section 62 of the Copyright, Designs and Patents Act 1988 (http://www.legislation.gov.uk/ukpga/1988/48/section/62 ) I am no expert but based in this stuff is there a claim?
Her is a bunch of more info I looked at Fair dealing under copyright law in the UK http://en.wikipedia.org/wiki/Fair_dealing_in_United_Kingdom_law#Reporting_of_current_events & http://en.wikipedia.org/wiki/Copyright,_Designs_and_Patents_Act_1988#Fair_dealing_defences_and_permitted_acts The bit that says that photos of a public building is also an exception to copyright law http://en.wikipedia.org/wiki/Freedom_of_panorama#European_Union
If the claimant didn't want it to be reused he could have put a watermark, added copyright info in the alt tag of the picture, it's the bit that tells google and other search engines what the picture is and he could have used a robot.txt which stops google sharing stuff you don't want put out into the public domain.
A search online shows that this person has a habit of doing this to people.
Your thoughts are greatly appreciated, thank you for your time.