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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I've received a copyright infringement letter from a

Resolved Question:

I've received a copyright infringement letter from a photographer.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
Please the attached file
Customer: replied 11 months ago.
My number is ***** 763 265
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

What did you use the images for exactly and has the photographer provided details of the damage caused as a result of you using the images?

Customer: replied 11 months ago.
The images were used for an article on my website London News - it was an article about beauty and fashion. The photographer has not provided specific details on what damage has been caused other than we used the photos without their licensing or permission. I've attached the document below for your perusal.
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. If you used these photographs without the copyright owner’s permission then this would be a breach of copyright and would entitle them to consider taking this further to seek damages.

The principle behind an award of damages is to put the copyright owner in the position in which it would have been had the infringing act not occurred.

The most obvious claim would be for the loss of the fees they would have received had you used the images properly and paid them for their use. So whatever the usual licence fee would have bene for these images they can consider claiming for. I see they have valued these at £200 per image but do not just accept that and ask for evidence of what they have sold or provided a licence for in the case of similar images.

Next a court can consider additional damages on top of these costs. These can include both infringement of moral rights and unauthorised use but to automatically claim 100% uplift on both counts is rather opportunistic. Only a court can decide whether these should be applied and then at wat uplift, which is unlikely to be 100% for both. He recognises this by making an offer for reduced payment.

So you can ask for further evidence of how the fees were arrived at and also dispute the additional uplifts and try to negotiate them further down. Or you could completely refuse to negotiate and let them have their day in court, but that is a risk you have to decide on whether to take or not.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 11 months ago.
Hi,Thanks a lot for the comprehensive reply.It's really taken a lot of stress off my mind, as the letter was very worrying.I will try to negotiate, but is there any type of letter I should use to reply like a template? For example - for cease and desist cases there are many templates available.Furthermore, what evidence will I need to proof after I've paid, as I've seen they just want a bank transfer. How do I confirm they won't take further action in the future. Will I need them to sign something and prepare this to waive all liability?
Expert:  Ben Jones replied 11 months ago.

No templates as such I'm afraid I haven't seen any to be honest. You do not need one though this can be responded to relatively easily without one. Perhaps do not send a bank transfer but a cheque instead and send it together with a letter saying that it is paid in full and final settlement. Even if you must send a bank transfer keep a copy of bank statements to prove you have paid them

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Okay, I will keep all emails and bank statements to confirm this. Many thanks
Expert:  Ben Jones replied 11 months ago.

You are welcome, all the best