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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1356
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Copyright Infringement

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Copyright Infringement

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Customer: replied 6 months ago.
Hi Ed. Sorry I am elaborating the question now. I thought my initial keywords was just a filter. With you in 3 minutes

That's fine. I look forward to your full instructions.

Customer: replied 6 months ago.
a) I had a company that provided accommodation, tours and taxi rides in Cuba. The company was online with a web through which customer could order the service. The company was created in UK mainland - England.
b) We stopped trading somewhere early in 2018 and closed it.
c) We kept the website but disassociated from the our Limited Company.
d) I closed the web altogether last weekend. The web was up and down given that I was not paying any attention.
I received a letter from https://picrights.com/en-gb/ demanding £2,295 for using a picture that belong to another company Agence France-Presse. Apparently a series of letters have been sent to me from November 2019 however this is the first time ever that I got a copy of it. This is because letters have been sent to Cubasolidays Limited which registered address is the accounting company that filed our accounts while we were trading. They did send it to me – not the other copies – because I carried on working as a Self Employed doing other things, otherwise I doubt they did.
I am in limbo here. Should I pay attention to it? Am I and my director liable?
Thanks.
Daniel.
Customer: replied 6 months ago.
I have not replied to the letter as I just got it yesterday and wanted to ask for legal advise. I was afraid that by calling them I would be confirming the reception of the letter

Yes, I know this scam well! Here is the text of an article I wrote about the issue last year:

I recently assisted a client on a pro bono basis who was faced with an interesting predicament from an aggressor whose kind was previously unknown to me.

My client is an alternative health provider. He used a professional photograph of a cup of cappuccino coffee on his business website that was apparently protected by copyright and a Creative Commons Licence, only to receive emails from an “Intellectual Property Rights Enforcement” company purporting to act for the owner of the original photograph

My client took down the offending work from his website immediately upon being notified that he has potentially infringed the creator’s IP Licence and therefore only received the benefit of the work for a period of weeks.

An Intellectual Property Licence for a single generic photograph that contains no unique features and is otherwise unremarkable will generally cost in the region of £20 for lifetime use. However, the IPR Enforcer was demanding a damages settlement of just over £550 under threat of issuing County Court Proceedings on behalf of the photograph’s owner. The IPR Enforcers gave no justification nor rationale for how they had calculated the damages claim.

Damages in Intellectual Property Rights infringement actions broadly follow the normal rules of contract law: they are intended to place the claimant in the position that they would have been had the breach not occurred. Therefore, the defendant may be ordered to give an account of their profits and pay the claimant the benefit they had directly received as a result of using the work in breach of Intellectual Property Rights.

The damages threshold for a civil claim to be placed on a County Court track whereby the winning party can normally expect to recover their legal costs of either bringing or defending a claim from the losing party is currently £10,000. Any claim worth less than this figure will be placed on the Small Claims Track whereby it is not normally possible for a party to recover their legal costs even if they are successful at a fully contested trial.

This case is a good illustration of the sharp practices that many such “enforcement” companies deploy on parties who have no legal experience or qualifications. As with Car Parking and Traffic Fine “Enforcers”, this business model is based on the principle that most people will view the amount demanded as too low to be worth arguing over, let alone going to court or instructing a solicitor at cost (especially when those costs cannot be recovered) and will simply pay up at the first time of asking without defending the claim.

Following my advice, my client was able to negotiate a reduced settlement from the original demand of just over £550 down to £50: a reduction of over 90% on the claim!

The moral of the story is to stick to your guns, do not give an inch and look after your pennies, lest unscrupulous parties wish to convert them into pounds lining their own coffers.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Customer: replied 6 months ago.
Ed, can I give you a call please in 5 minutes?. I am happy to pay the extra £44 to fully understand this case before I move forward with it. Because what it seems clear to you is that I have an obligation to respond and would like to elaborate around this to understand it fully should this case ever again arise.

Yes, that it fine. I will be right here.

Customer: replied 6 months ago.
Let me compile some questions and I call you in 5 minutes

Sure.

Ed Turner and 4 other Law Specialists are ready to help you
Customer: replied 6 months ago.
I am happy to call you instead if you wish.