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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11688
Experience:  30 years as a practising solicitor.
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Copyright. My daughter was sent photographs electronically

Resolved Question:

Copyright.
My daughter was sent photographs electronically of a clients wedding for which she had supplied a single flower display. She used a single shot, in a magazine advertorial feature. the photographs were not watermarked or 'C' ringed, nor was there any indication that they had been taken professionally. It transpires that the pictures were taken by a photographer as part of a wedding package purchased by my daughters client.
The photographer is now demanding £200 copyright fee as the advert had no accreditation.
Is their case enforceable or my daughters 'inadvertent' misuse a defence.
Submitted: 4 months ago.
Category: Law
Expert:  JGM replied 4 months ago.

Thank you for your question. Your daughter has infringed the photographer's copyright but as she didn't know the picture was subject to copyright she has a defence to the claim for damages under section 97 of the Copyright, Designs and Patents Act 1988. The law provides: "

97 Provisions as to damages in infringement action.

(1)Where in an action for infringement of copyright it is shown that at the time of the infringement the defendant did not know, and had no reason to believe, that copyright subsisted in the work to which the action relates, the plaintiff is not entitled to damages against him, but without prejudice to any other remedy." I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for my time.

Customer: replied 4 months ago.
I am not sure if this transmitted - so in case...)
Thank you for your speedy and positive response. As you will see I have rated you accordingly.
I will recommend that my daughter stands her ground. Would the offer one of her products as a gesture compromise her position do you think ? Thank you
Customer: replied 4 months ago.
I am not sure if this transmitted - so in case...)
Thank you for your speedy and positive response. As you will see I have rated you accordingly.
I will recommend that my daughter stands her ground. Would the offer one of her products as a gesture compromise her position do you think ? Thank you
Expert:  JGM replied 4 months ago.

I would not offer anything as it may compromise her position. Can you check the rating system as it's not showing up at my end, thank you.

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