How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ed Turner Your Own Question
Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2630
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
107013918
Type Your Law Question Here...
Ed Turner is online now

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: 17 days ago.
Category: Law
Expert:  Ed Turner replied 17 days ago.

Hello. I am Ed, a Solicitor qualified in England and 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 shall be reviewing 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.

Expert:  Ed Turner replied 17 days ago.

I am sorry that you are facing a potential dispute with an online copyright enforcer but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.

Expert:  Ed Turner replied 17 days ago.

I once assisted a client who was faced with an interesting predicament from one of these Intellectual Property Rights (“IPR”) online “enforcers” and had the overwhelming impression that these claims management companies were the equivalent of the “parking cowboys” of the Internet.

My client was 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 “IPR 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 had potentially infringed the creator’s IPR Licence and therefore only received the benefit of the work for a period of weeks.

An IPR 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 IPR 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 because of using the work in breach of their IPR.

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 allocated 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 was 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% of the original amount claimed!

My recommendation 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.

Expert:  Ed Turner replied 17 days ago.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Customer: replied 17 days ago.
what will I do ignore these letters or send money ?
Customer: replied 17 days ago.
Someone suggested sendin them €250 for the licensing fees and that will get rid
Customer: replied 17 days ago.
I’ve two letters for two pics one for €1,998 and the other €5200 these pictures are of beaches where I’m from originally and I just put them on my property sites I didn’t sell or use these pics you know and when my husband informed me of these letters at home in Ireland this morning I have taken all pictures down
Customer: replied 17 days ago.
How much extra wud you need for that phone talk and for me to email you the two letters
Expert:  Ed Turner replied 17 days ago.

I have put a bespoke offer through on the Portal for a Premium Service Document Review and telephone consultation. The fee is in addition to your ordinary Just Answer subscription. If you accept, I will pass you my direct email address and mobile phone number through on the Portal and can accept your direct contact details.

I can review a brief amount of documentation from the customers (up to 20 pages or so).

The phone calls generally last around 20 – 30 minutes at most. I will let you know if we are going around in circles and I am repeating myself.

You will not receive any additional documentation from me or Just Answer (apart from payment confirmation).

I will discuss my fees with my main virtual law firm on the call. Under my Just Answer Expert Agreement, I cannot provide Customers any direct contact details or information about my law firm’s charges unless they accept a Premium Service Phone Call.

If you choose to instruct me directly through my law firm, this will be a different contract from yours with Just Answer. I will open a new client-matter for you with my firm and send you retainer documentation in the form of a Client Care Letter and Terms of Engagement.

Customer: replied 17 days ago.
I’m very sick today have some type of bug but I would b interested as this needs sorted n I have to the 18th of May to do it
Customer: replied 17 days ago.
I don’t see the portal ?
Expert:  Ed Turner replied 17 days ago.

Scroll up.   I posted it five minutes ago.

Customer: replied 17 days ago.
No I just see all your txt
Expert:  Ed Turner replied 17 days ago.

Like you, I am a site user, so I do not have access to your account details or charges.   However, Customer Service will be glad to help you.    Please use the “Contact Us” button at the bottom of your page or use this link to contact Customer Services.

Customer: replied 17 days ago.
Ok I need to sleep n I will look into this tomorrow as today I’m so weak was up all night with a bug
Expert:  Ed Turner replied 17 days ago.

OK, that's fine.   Please take your time to recover before reverting to me.   I am sorry to hear that you are unwell and wish you a speedy recovery.   I will mark this text answer as completed and you can come back and accept my offer of a consultation later this week when you are ready.

Kind regards

LawyerEd

Customer: replied 17 days ago.
Expert:  Ed Turner replied 17 days ago.

Please accept the offer and make payment.    I cannot use customers' contact details submitted on the text portal unless they have accepted the premium service phone call offer and paid the additional fee.

Customer: replied 17 days ago.
Ok no problem I’ll will contact you when I’m better right now I need to rest up
Expert:  Ed Turner replied 16 days ago.

Thanks, ***** ***** and get well soon.

Kind regards

LawyerEd