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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1305
Experience:  Expert
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I have received a copyright infringement from Germany my

Customer Question

Hi I have received a copyright infringement from Germany my properties are in Ireland and I used a picture to which he claims is his and I did use it on two of my accommodations I didn’t realise I can be sued what do I do
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the UK and my properties are in Ireland I still don’t have the letters as my husband is bringing them to me this afternoon as he’s in Ireland
JA: What steps have you taken so far?
Customer: nothin as of yet one is for €5200 and I haven’t seen the other letter yet but i did use the picture I have now taken the picture down it was on a site online
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dunno what to do im freaking out this was just a stupid mistake and I didn’t think it wud cost me a lot of money as I won’t be able to afford to pay that
Submitted: 20 days ago.
Category: Law
Customer: replied 20 days ago.
Hello
Expert:  MARTINT330 replied 20 days ago.

Hello, I am happy to help with your enquiry today.

Customer: replied 20 days ago.
Thank you
Customer: replied 20 days ago.
What on earth do I do
Expert:  MARTINT330 replied 20 days ago.

Any image they created has automatic copyright, so if you use it without their permission, they can sue you for copyright infringement. They can also demand that you stop using the photographs (as the images are their property), and if you don't, they can seek a court order to force you to do so.

As by law, photographs, illustrations, and other images will generally be protected by copyright as artistic works. This means that you, as a user will usually need the permission of the copyright owner(s) if you want to perform certain acts, such as copying the image or sharing it on the internet. References to “images” in this Copyright Notice include:

  • digital photos were taken on mobile phones and digital cameras;
  • images that were first generated on photographic film and any digital images created from them; and
  • images such as diagrams and illustrations

The amount they will propose is contingent on the nature of the copyright infringement, whether you were aware of it, whether it was a one-time or repeated occurrence if you have profited from their picture, and whether they have lost money as a result of your use, and other criteria.

In this regard, you'd have to respond to them yourself or hire a law firm to do so. You might apologise and explain that you were uninformed, that you did not make any profit from it, and that you would like them to drop the matter.

Customer: replied 20 days ago.
I can’t afford I’m guessing €10k
Expert:  MARTINT330 replied 20 days ago.

If they refuse to budge, you should ask how they arrived at the €10k fine. If they don't, they may issue a claim against you and you would need to reply to the claim otherwise they will win by default. You could use a lawyer to reply to them, which may be wise but it's not compulsory.

Expert:  MARTINT330 replied 20 days ago.

Is there anything else I can help with today?

Customer: replied 20 days ago.
basically what your saying is I need a lawyer to sort this mess and do not let this go
Customer: replied 20 days ago.
Yeah one property is €5,200 and I don’t know what the other I assume the same
Customer: replied 20 days ago.
What type of lawyer would I need to sort this
Expert:  MARTINT330 replied 20 days ago.

As I stated during my initial response, you'd have to respond to them yourself or hire a law firm to do so. You might apologise and explain that you were uninformed, that you did not make any profit from it, and that you would like them to drop the matter.

Expert:  MARTINT330 replied 20 days ago.

You can hire an Intellectual Property lawyer.

Customer: replied 20 days ago.
do you think it is as easy as that as I was thinking on saying I got my daughter to set it up for me and told her to get a few nice pics online
Customer: replied 20 days ago.
I wasn’t aware what pictures you put online as I’m not very technical something to that effect and apologise on my daughters behalf and say I have now removed the pictures
Expert:  MARTINT330 replied 20 days ago.

Yes, you can apologise and explain that you were uninformed/unaware, that you did not make any profit from it, and that you would like them to drop the matter.

However, if they refuse to budge, you should ask how they arrived at the fine.

Customer: replied 20 days ago.
Yeah I do think this would definitely be a matter for a solicitor yes I wouldn’t mind but this picture of a beach is where I grew up and this so called person is from Germany and moaning about a picture of a beach
Customer: replied 20 days ago.
I can’t afford €10k has this person lost his mind
Expert:  MARTINT330 replied 20 days ago.

Yes, I understand. In that case, my advise above still applies concerning how the settlement may be approached.

Customer: replied 20 days ago.
see if I myself sent a letter to this solicitor in Germany pleading my case without a solicitor do you think that is good idea or a bad one ?
Expert:  MARTINT330 replied 20 days ago.

It isn't bad but having a solicitor will be of great benefit to your case.

Customer: replied 20 days ago.
Yeah I think I will appoint a solicitor a send a letter to them if will make my case stronger
Expert:  MARTINT330 replied 20 days ago.

Yes, absolutely. Is there anything else I can help with?

Customer: replied 20 days ago.
No that’s perfect please god now they drop this as this is really something o can’t deal with money wise
Expert:  MARTINT330 replied 20 days ago.

All the best. Thank you for your enquiry today, please do not hesitate to contact us in future.

Customer: replied 20 days ago.
Thanks for your help my daughter works in a solicitors in Ireland that deal with death court and property convenanving I can’t remember how to spell it do you think one of them cud represent me
Expert:  MARTINT330 replied 20 days ago.

Yes, it would be best to get a recommendation for someone she trusts. 

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.