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Southpole - I would advise going back and editing your previous posts to anonymise them.

 

Michael

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Reply i have from B&B I apologise for unwittingly using your image. I am 71 and not really au fait with modern technology. I just searched on the web for a picture of a train and did not realise that it was protected by copyright. The web page is a new venture of my wife’s and has only just started (we don’t expect it to get going until Easter). I have of course removed it immediately

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There you are then.

Pleading ignorance is par for the course but this guy has been running websites for years (search the email address) so don't believe a word of it. It's a commercial venture and if he wants to use images he can pay for them.

The domain name was registered in September so you are looking at a 1-year infringement. Let them sweat for a bit then send letter no. 2.

Can you still edit the post which identifies the website? If so remove it.

Edited by spacecadet

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Dear Mark


 


This is how I make a  living you obviously taken the image from the Daily Telegraph ( LINK ) who licensed the image. I normal charge £250 for copy right infringement however to avoid small claims court I be happy to give you a reduction of £100. So £150 for image usage to date.


 


With regards to copyright you have a copyright logo on your website so one would assume you know about copyright,  All images on the internet are subject to copyright I have attached a LINK for you to read regarding this.


 


I have other B&B's who have paid for there images and believe its not fair on them to give images for free. I will be happy for you to carry on using the image for a further £75 I can also license you any local photographs you may need.


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Dear Mark

 

This is how I make a  living you obviously taken the image from the Daily Telegraph ( LINK ) who licensed the image. I normal charge £250 for copy right infringement however to avoid small claims court I be happy to give you a reduction of £100. So £150 for image usage to date.

 

With regards to copyright you have a copyright logo on your website so one would assume you know about copyright,  All images on the internet are subject to copyright I have attached a LINK for you to read regarding this.

 

I have other B&B's who have paid for there images and believe its not fair on them to give images for free. I will be happy for you to carry on using the image for a further £75 I can also license you any local photographs you may need

I would just send letter 2 and forget the chat. Don't negotiate till you have to and don't reduce your price in advance!

Edited by spacecadet
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And don't tell him you know where he got the image from.

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They have agreed to pay but haggling the price now I said no to haggling

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And stress the compensation is for the infringment, it does not provide a future or retrospective licence - that would be a separate negotiation.

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They have agreed to pay but haggling the price now I said no to haggling

At £250?

Hold out. You can point out that as they admit the infringement it would cost them a lot of money to travel to court in London just to argue over the fee when they would be paying all your costs.

What have they offered?

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London ? not held locally then 

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No. Look at the guidance. IPEC in London.

It's an advantage to you as they can't get it transferred locally to save costs.

You can bet he's googling like mad and finding out he's bang to rights.

He may try the old Getty 'prove your losses' line but he'll have to come to court to do that.

Don't worry. He'll fold.

Edited by spacecadet
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At full price? Nice one.

WHat's your secret?

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Well done.

 

My latest infringer has invited me to take it to court so that's what I'll be doing. I think he thinks he's calling my bluff :D His best offer was less than half the price of the license fee a legal customer would have paid.

 

If the infringer doesn't put up a defence you can have the case heard on papers so you don't have to attend in person.

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I'm sure you know this, but make sure you can justify a fee higher than his offer or you won't get your costs.

Of course he may balk at the cost of a train fare to London. And yours as well if he loses. No harm in pointing that out to him.

Under the new regime not many small claims are going to be worth quibbling on the level of fee if the infringement is admitted.

Edited by spacecadet

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Yeah I understand that but it's not a small infringement. He was using it commercially in a way that stood to earn him well into 5 figures so my claim is fairly high.

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Oh. Probably not under the small claims limit then, 10k?

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Oh. Probably not under the small claims limit then, 10k?

 

Yes it is under but not by much. I wanted to keep it to small claims.

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Wise.

You can opt for the account of profits instead of a fee. You probably know that as well.

Do keep us posted if you can.

Edited by spacecadet

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Wise.

You can opt for the account of profits instead of a fee. You probably know that as well.

Do keep us posted if you can.

 

Yeah I know. My feeling is he hasn't made anything like that kind of money but have the screenshots of his website with prices to back up my claim.

 

I've terminated with Alamy so I'm likely to be removed from here soon. I'll post on the facebook page and someone can post it here.

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