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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I have a question regarding copyright infringement, who can

Resolved Question:

I have a question regarding copyright infringement, who can help?

I have attached 3 images to assist with this query.

The first image (1) is of a roadside sign that is advertising log cabins for sale on a log cabin park that my company has had no involvement with.

The second image (2) is a picture that I took of one of our buildings.

The third image (3) shows image 2 that has been rotated horizontally using very basic image manipulating software.

You will see that image 3 is identical to image 1.

I hope this helps?

I am honoured that this business has chosen one of my buildings to advertise their 'parks'. However, they do not have permission to do so and I was looking at either;

A. Asking them to consider my company for the supply of log cabins to their site, should they make any sales.

B. Asking for a monthly copyright fee. How much?

C. Asking for a one off copyright licence fee. How much?

D. Asking for a commission on any sales made as a result of the advertising board. I feel this would be difficult to police though.

E. Asking for the picture to clearly show who supplied the cabin.

Regards, ***** *****

Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Is your log cabin unique in design and structure?
Customer: replied 1 year ago.

It was designed by this company for a client of ours. To be fare, any log cabin manufacturer could reproduce this model.

However, the image used on their advertising hoarding is, I truly believe, pictures taken by myself of the aforementioned cabin.

Expert:  Alice H replied 1 year ago.
There is certainly a stark resemblance between the advertising board and your photograph. What I'm still unclear about is whether they have taken a copy of your photograph or the building (for example from the street) or in fact whether these is sheer coincidence because they have an image from the manufacturer. Can you shed any light on this?
Customer: replied 1 year ago.

To add to my comment about a log cabin company reproducing this model, they would either need to go to my clients building to take exact measurements, OR have access to my plans and drawings, which would never happen.

Customer: replied 1 year ago.

The image they have used would have come from some online source. I use this picture for my facebook page, LinkedIn page, My website or my ebay account.

They would not have gotten this image from the manufacturer, nor could they have taken it from the roadside, as the cabin is situated quite a way from the road and at a different angle. They could only have taken this picture at the same time as I did. If you notice the coil of wire on the rear of the cabin, this is the main incoming electrical feed, which was fitted soon after the picture was taken.

Expert:  Alice H replied 1 year ago.
Copying images from the Internet, specifically, for example, your FB pages, amounts to a breach of copyright unless your have given permission/licence. Looking at the images and the background information there does appear to have been a breach of your copyright by the other company reproducing your images and as such your can seek compensation from the infringing company. It's difficult for me to calculate your entitlement without carrying out a detailed assessment but all the things you have listed above as well within the scope of compensation.
Expert:  Alice H replied 1 year ago.
A. You can certainly ask - there is no automatic rightB. I couldn't calculate this - you would have to agree a reasonable sumC. Yes this is possible - again I couldn't calculate this for you - you have to decide what's reasonableD. Yes you can ask for commission and make it a condition of your agreement that you be provided with sales figuredE. Yes definitely within your rights.
Customer: replied 1 year ago.

My problem with going down the compensation route is that there could be large legal fees involved, with little compensation amount, and all they need to do is take the board down and that would ne end of!

My question to you would be, if THEY contacted to you, asking your advice about my intention to pursue for compensation, what would you advise them to do??

Expert:  Alice H replied 1 year ago.
Yes I agree the level of compensation is likely to be negligible compared to the amount of legal fees etc that could be involved. If I was their lawyer would advise them to change the image and, without any admission of liability, offer an apology only.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your honesty. I guess I just need to contact them and make them aware of the copyright infringement and ask them to either add my details or remove it.

I feel that if we try to go down the licence fee route, this could prove costly for both parties.

Many thanks Alice.


Lee Johnstone

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