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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10593
Experience:  Barrister 17 years experience
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Customer Question

We are tour Operator based in UK and currently updating our website and adding new hotels in our database to prepare a list of hotels in Europe and USA. One of staff by mistake added one picture of a Hotel in USA in our website which was under another company
logo in USA, however, we did not notice that picture was on the bottom holding another company name. However that particular hotel picture was not used for any commercial purpose yet and no business was done with that particular hotel as well. Even we have
not yet started selling hotels in USA. This company sent us email that we used their image and asking t pay them $900.00 Can you please advise do we need to pay him money where we never established any business for that particular hotel even! I have advised
ou staff to remove that picture and hotel from our website which has been done. Can you please advise what should we reply to that company in USA to pay $900
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. I would advise to write to them and acknowledge that you mistakenly and in error used their image. Enclose £45 for the wrongful use and make clear that you have taken down the image and will not use it again. Essentially, the wrongful use gives rise to a breach of copyright claim for which you are liable. However the monetary value of this claim is only the licensing fee for use of the photo. This is small in value and is not £900. £45 is a more fair and reasonable amount. However you do not want to get sued as legal costs would be high. So, the payment of a small licensing fee is the best way out of the situation.