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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently sold a house which is being resold by an estate

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I have recently sold a house which is being resold by an estate agent. They are using professional photo's to market the property which I originally paid for. I did not give them permission to use them.

Is this copy write infringement and can I take them to court

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you get them to sign a licence agreement for the photos or set out the conditions which they could use them please?

No licence agreement in place with the estate agent in question. I own the rights of the photo's and paid for them. The estate agent has subsequently utilised these to remarket the property

Alex Watts : If they didn't ask permission then yes you could take them to court.
Alex Watts : But you would need to show that you have suffered some loss.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you please?


Alex Watts : Great. Please remember to rate my answer and if you can't rate please let me know.
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Customer: replied 3 years ago.

Have now found out that estate agent has copyright to photo's. Under terms and conditions signed by myself there is a brief para which I think to mean encompassing a License agreement which states "In the event that you do not wish YOUR MOVE to use such material please notify the branch".

Understand from the internet that that by law the estate agent must provide detailed written explanation of any license agreement which they have failed to do.


What is the paragraph in law which I can quote when going to the small claims court. The judge will obviously ask for such.