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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm hoping you can help me. I have received a letter of

Resolved Question:

Hi, I'm hoping you can help me. I have received a letter of copyright infringement claiming I have used another company/websites image. 4 years ago I paid a web design company to create a website for me, I picked from a library of photos they supplied. I am now being chased by a solicitor representing them for a fixed fee or be taken to court. The web design company I had used has since changed there name and are no longer. What do I do? I have replied to the solicitor explaining I am not at fault (confirmed by trading standards) but the solicitor is saying we are classed as'assisting' them and to make them a reasonable offer or go to court. I have no contract or paperwork from the web designer, other than an email advising me they cannot prove whether the designer working for them picked the image from there stock library or from somewhere they shouldn't have. I do have an invoice from the web designer 4 years but that's all.
Thank you
Luke
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Do you still have the designer's details?
Alex

Customer: replied 1 year ago.
Hi Alex, yes I do but the company has since closed and reopened with a new company name. I have spoken to the new company who advise in their terms and conditions it states once the website is closed off it is my responsibility of all legal information
Expert:  Ash replied 1 year ago.

What is this Solicitor claiming for please?

Customer: replied 1 year ago.
Copyright infringement of damages £708.70 or to make a reasonable offer before proceeding to court
Expert:  Ash replied 1 year ago.

Do they have evidence they are their photos?

Customer: replied 1 year ago.
No they haven't supplied the evidence of this they have just sent screen shots of the image on their clients website and screen shots of the image on my website
Expert:  Ash replied 1 year ago.

Ok, well I would ask for evidence. If it is true then you need to come to some agreement.
BUT they need to justify how they get to £708.80 - it needs to represent an actual and quantifiable loss.

If they cant they you shouldnt pay it. Even if it did go to Court it would be a small claim and they wouldnt be able to claim heavy legal costs, those legal costs are toped at £100 (one hundred pounds).

So you ask them to prove and quantify. Otherwise they have no claim

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

Customer: replied 1 year ago.
Just to make sure I understand that correctly, are you saying if I do proceed to court being a small claims court they can only charge me up to an extra £100 rather than being charged for other legal costs? They have sent me an example of a photo valuation price is this actual proof of a loss to them? I am assuming not
Expert:  Ash replied 1 year ago.

That is correct. Does that clarify? Alex

Customer: replied 1 year ago.
That does clarify thank you. Can you just advise do you know who would be held liable myself or the web designer in this instance, the company advise the terms and conditions states it is down to myself but I was given no contract or have seen these terms
Expert:  Ash replied 1 year ago.

It would be you, then you would claim against the web designer, but they have closed down. This is the problem

Does that clarify? Alex

Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's all thank you for your help.
Expert:  Ash replied 1 year ago.

Good luck. Alex