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JimLawyer
JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 16730
Experience:  Senior Associate Solicitor
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I’ve recently got a letter for infringement I used Stefans

Customer Question

Hi I’ve recently got a letter for infringement I used Stefans picture of culdaff beach on my properties Booking.com and air bnb in both properties and one of the letters it states I owe €5200 and the other letter my husband is bringing back to the uk as we speak as my properties are in Ireland I live in the uk and he only got the letters at the properties yesterday cos he was home . These letters have only property names and address and no name on these what do I do moving forward I wud say the other letter is €5200 also so do I ignore these letters as I can’t afford this money and also they have went to the properties and no name
Submitted: 18 days ago.
Category: Republic of Ireland Law
Customer: replied 18 days ago.
This was from a German company
Expert:  Virtual-mod replied 17 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JimLawyer replied 17 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 17 days ago.

Sorry to hear of the issue.

There is a well known company in Germany which pursues these claims and I think it's the same one who has written to you.

If you do a Google search you may see that other customers have come to this site for the very same issue (regarding the company you mention).

The issue would be that you are in the UK and they are in an EU country (Germany) so pursuing you would be a lot of trouble for them - they may instead send you numerous threatening letters to try and get you to pay them - some customers have ignored them (they have not come back to this site to my knowledge, saying they are now being sued) and others have made offers to the company.

The issue would bet if you took down the image and as a claimant they would have to prove some form of "loss" due to your conduct which in my view would be difficult to do. I am not sure if they have your full name and address - they need this in order to pursue you in any court action.

The two legal jurisdictions are also entirely different - the only issue could potentially be if they engaged a UK law firm to pursue you and sued you in the UK. Until then, the firm is likely to continue writing to you to scare you in to paying.

You could reply to them though they will try their utmost to persuade you to pay them, whether that's the full sum or a lower amount is up to them and whether you pay is up to you - it is to do with copyright breach so if you use an image belonging to someone else, they have a prima facie case against you though as I say, there are problems for them with the fact you are in the UK and the claim would be a small claims case (where legal costs are not recoverable in the UK).

Here are a couple of links to show you the issue :

1. Click Here

2. Click Here

3. Click Here

Expert:  JimLawyer replied 17 days ago.

I hope this helps

Expert:  JimLawyer replied 17 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 17 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim



Customer: replied 17 days ago.
They don’t have my name just sent the letters to the two properties in Ireland and I live in the uk
Customer: replied 17 days ago.
no name just apt 3 , Lisvarna House and then Carndonagh House for two separate images of well known beaches at home
Expert:  JimLawyer replied 17 days ago.

OK, thanks. They need to know your name to be able to issue any claim. My view is you don't reply to them at this stage.

Customer: replied 17 days ago.
Yeah just wait and see the next letter I’m nvr at home either next time will b Christmas . It’s just by luck james was at home and found these disturbing letters .
Expert:  JimLawyer replied 17 days ago.

No problem, they will write and make threats but I don't think they will do anything more.

Customer: replied 17 days ago.
Yeah your right I’ll ignore it I done nofin with the pics just had them
On my property sites it’s not like I was selling his stupid pic this letter came from a zielinski polish guy
Customer: replied 17 days ago.
There down now anyways
Expert:  JimLawyer replied 17 days ago.
No problem, thanks again