Re: Someone using one of my images without permission!
Well, they eventually came back to me yesterday and said (long story short)
Quote:
It was only up for a few days so take £25 or go away
I replied and provided evidence it had in fact been in use for months, to which they replied this morning stating (again to cut the email to its main points)
Quote:
We said sorry, it's a minor thing, we aren't going to reply to you any more, take the £25 or don't
:censored:
Re: Someone using one of my images without permission!
Re: Someone using one of my images without permission!
Time to drop a court case on them and using MPAA & FACT as an example sue for 1 million pounds...........:)
Re: Someone using one of my images without permission!
£25?! Really?! If I wasn't fussed about taking it further the fact they offered twenty five **** pounds is so insulting I would have to take it further!
SUE THEM!!! SHUT THEM DOWN!! :P
Re: Someone using one of my images without permission!
That is just shocking, not even at attempt at a reasonable discussion.
Take them down!
Re: Someone using one of my images without permission!
Random musing...
Was the photo taken on private land? If so, do you have permission?
Re: Someone using one of my images without permission!
Re: Someone using one of my images without permission!
IANAL, or even close to one, but I imagine it's got to be a good thing they've offered you that - shows that they're aware of the need to recompense.
Re: Someone using one of my images without permission!
If what he has said is correct, and not destroyed some legalese in the process, I imagine someone will be getting a new chief legal/compliance officer soon. That's terrible.
They have not indicated this is a gesture of faith, they've acknowledge the use they've had, and that they are not willing to enter into an agreement for the fair usage price.
Things are never a slam dunk legally, but this is about as close as you will get. They've admitted fault, they've not taken the actions required for someone. I would predict you will also get full costs awarded if it goes to small claims
Re: Someone using one of my images without permission!
Small claims court: https://www.moneyclaim.gov.uk/web/mcol/welcome
Dead simple to use and costs £25. I have used it quite a few times now and the second the letter lands on most companies doorstep, they pay up. The threat only becomes real then!
You can put in as much detail as you want to in the notes section, then supply courts with more details in the event they don't pay within the time scales. Based on the above posts, they won't have a leg to stand on if a judge has to make a ruling (which won't even require you to attend, it will be a closed review by a judge).
All costs are recoverable, as is interest.
Re: Someone using one of my images without permission!
Quote:
Originally Posted by
Chadders87
That has been my experience too, ranging from a multi-thousand pound insurance claim, to a publisher declining to pay for work done (and used by them) to a car manufacturer replacing a hopelessly defective new car.
My belief is that most companies have one of two attitudes :-
1) They rely on inertia. Most people threaten and bluster legal action, but they correctly assume that most won't follow through and actually do it. The publisher I mentioned was one such, refusing to pay about £3k in charges for commissioned, and used, work UNTIL I faxed the editor the completed court claim papers and gave them 48 hours to pay, or the claim would rise to include court costs and all charges incurred in the process. I got a cheque by motorbike courier.
2) Apathy. They just don't take it seriously. They might not take even a faxed copy of the claim papers seriously, but even a small adverse court jusgement has the ability to significantly and negatively affect their future finance options. Getting official court papers land in their in-box often focusses minds wonderfully, and demonstrates the problem is not just going away.
But TA is right. No court case can be entirely taken for granted. There are two issues, IMHO. One, for whatever reason, you might not win. Two, even if you do, you may not be able to get the money awarded to you out of them, and it may end up a moral victory that costs you money to achieve.
Personally, in your shoes, I'd be prepared to risk the court costs to get the win, even if the result was still not getting the money. I have risked exactly that in the past, though, so far, I've never yet failed to get the money due.
One factor to consider, therefore, is suppose you win .... is enforcing the judgement viable? My "publisher" case, for example, was a large multinational. As soon as if became clear they faced a binary choice, pay up or court case, they paid up, and it may well be that fighting it simply wasn't worth the time and hassle to them. But they couldn't simply fold the company and re-open under a new name, and they did have assets debt collectors could go after.
So consider carefully ....
a) will you, do you think, win?
b) if you do, is it realistic to enforce the judgment?
c) is it worth the hassle?
From what you've said, were it me, provided I felt b) was a 'yes' I'd do it on principle after their dismissive attitude.
Oh, and by the way, courts like BOTH parties to do everything reasonable to avoid ending up in court. Based on past comments made to me by a county court judge about exactly this sort of thing, their attitude so far is pretty much calculated to wind up the judge, as it's been obstructive and dismissive from the start.
Re: Someone using one of my images without permission!
Thanks all.
I'll have to think about where I go from here, if costs would be at most the £25 to register at small claims then I reckon I'd go for it, I haven't checked but I really doubt that's the max costs so I have some homework to do.
And yes, on principal I think this ought to go the legal route!
Re: Someone using one of my images without permission!
I've no idea at all if this causes issues but the advice given so far to Rob is for English law. I'm fairly certain Rob is in in Scotland as is the company accused of using his pics. I THINK small claims are so similar that the differences are negligible but obviously it's something to take into account when advising Rob.
Re: Someone using one of my images without permission!
Was there any further progress on this? Intrigued as to where it ended up :)
Re: Someone using one of my images without permission!
Sadly no, I've not got around the weighing up the benefits vs costs, anyone want to be a no-win-no-fee lawyer ? ;)
Re: Someone using one of my images without permission!
Given the recent events in Nepal, if you are willing to donate all monies awarded to you, to a charity such as ShelterBox, I can help, and drag in a corporate lawyer friend of mine if need be.