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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have been contacted by email that there has been a breach

Resolved Question:

Hello ,
I have been contacted by email that there has been a breach of copyright.
The person contacting me is Ken Lussey from***@******.***
I read on your site that he is contacting other people too
He has directed his pdf letters to Customer Ltd , but the company has nothing to do with the wordpress blog where the photo he is taling about has been used.
During the email conversation i pointed this out , but he keeps on harassing me with a claim for damages.
What do i do whit this ?
Kind Regards
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.

Hello my name is ***** ***** I will help you with this.

What is his claim for breach of copyright please?
Alex

Customer: replied 12 months ago.
Hello,please find the emails received from Ken Lussey.Dear Mr AuwerxThank you once more. This may be an appropriate moment to suggest that you might wish to seek legal advice from a solicitor familiar with the application of the Copyright, Designs and Patents Act 1988 in the Scottish courts in cases of breach of copyright. A solicitor will be able to let you have an opinion on whether a sheriff in a Scottish small claims court is likely to be impressed by the approach you have adopted in your emails, or not. Your replies prove my letters have reached you, and your removal of the copyright infringing images prove you control the website.More widely, such advice will allow you to confirm for yourself the very clear-cut nature of your breaches of our copyright under the legislation and the overwhelming probability of an outcome in our favour when this comes to court. It will also allow you to confirm that the calculation of damages used in my earlier letter was in line with the approach adopted by the courts in these cases; and that the offer to settle for a much lower figure was a very reasonable one.This was the last email i received.Kind Regards,
Peter
Expert:  Ash replied 12 months ago.

Thanks. Do you accept you have the images? If so, where did you get them from?

Customer: replied 12 months ago.
Helo,the images he was talking about had been used in an article about castles in the UK.the images probably came from the articles i found online and republishes about those castles.
Expert:  Ash replied 12 months ago.

Ok - did you have permission to use those photos?
How much is he claiming?

Customer: replied 12 months ago.
i was only pointing people to the websites where they could find more information
he is claiming £ 1875
Expert:  Ash replied 12 months ago.

Well that is insane. You should have gotten permission before using any photos but even so, unless you are a high profile website like Tesco's then maybe its worth that. But as such far too high. Even if it went to Court it would be a small claim so you dont need to worry about lawyers and legal fees.

If you used the images without permission then you may have to pay something, but not more than a few hundred pounds.

Can I clarify anything for you about this today please?
Alex

Customer: replied 12 months ago.
i took the article offline after his emailbut his emails had been directed to Customer ltd , and the company address,Customer ltd has nothing to do with the my private wordpress blogs , so should he not address his emails to me with my personal address ?
Expert:  Ash replied 12 months ago.

Ok - then you dont need to worry. if he does Customer Ltd then a claim would fail. its the wrong person!
Does that clarify?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 12 months ago.
thank you

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