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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12184
Experience:  30 years as a practising solicitor.
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All fine thanks - I have an identical situation to the one

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All fine thanks - I have an identical situation to the one on this page, and found it via a search for the names. I'm just researching it.
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Thank you for your question.
As I understand it you used a picture which someone is now claiming copyright for. As long as you took it down as soon as you know the pair true was subject to copyright it's very unlikely that anything further can come of it.
At worst a copyright owner is entitled to reasonable remuneration for the use. That would be calculated with reference to the size and prominence of the image, the status of the website and likely traffic and other factors.
You don't say how much money he asked for and the basis of that demand so I am happy to help further if I can.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
He says, going by the National Union of Journalists website, 1 year's charge is: 600x800 £850, 300x400 £400. He makes his own calculation that a 100x75 will be £90. He multiplies that by 5.5 years (the time on the site); claims the courts "typically" double that and add 50%. He is demanding £1485 plus court costs.
I've pointed out that NUJ is only ONE reference, and I bought 5 library pics at 4000x5000 for £38 in perpetuity. I also pointed out that the quotes stated are for commissioned pics, not library usage, and that this same NUJ site has examples of charges for a florist's website (the site in question is a florist), and for 35 commissioned full-sized pics, the charge for a year was £250; therefore, by his own calculations, quoting his referenced NUJ site, a 100x75 would be about 80p.
I've also pointed out that the NUJ site doesn't offer a price for a thumbnail, as it's not a particularly usable image for anything other than a link; also that the link in question led visitors AWAY from the website as it was in fact a link to the historic monument in the picture.
I also have not seen proof of ownership from him; the pic was given to me as a thumbnail on a pen drive. It is a generic pic of an historic monument. Nevertheless, I took the image down to show good faith.
He is now saying he will take this to the Small Claims Court. I'm fine with that, for all the reasons given above.
I think you are right. The picture isn't worth anything like what he says if anything at all. At most I would offer him £5 a year for a thumbnail. If he goes to the small claim court Indoubt a judge would award him what he is seeking. And as a prerequisite he still has to prove ownership of the photo.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12184
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you