Ask a Law Question, Get an Answer ASAP!
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.
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.