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UK Getty Images Letter Forum / £2851.42 just for one photograph !
« on: December 09, 2018, 06:12:05 AM »
News has just come out of showing the sort of damages awarded by the Intellectual Property Enterprise Court in cases of Copyright Infringement.

£2851.42 for one photograph is the amount awarded by the High Court in total damages for the infringement of one photograph which normally sells for £195 GBP for use with attribution.

Of especially important note is that this total amount included  £759.70 "Litigant's in person costs" ( ie payment for his time ) awarded to the photographer-claimant because the defendant largely ignored the claim, which is the advice usually given to defendants on here. It seems following that advice cost the defendant £759.70. The reason is that Civil Procedere Rules expect parties to communicate with each other and make reasonable attempts to settle out of court. Parties that do not talk to each other can be found to have behaved unreasonably and the court may award additional costs under CPR part 27.14 (2)(g).

The rest of the award is damages for the infringement, court costs and the claimants travel costs to London. As with most cases before the IPEC small claims track, damages awarded were much higher than the normal value of the work in order to be "dissuasive" as set out in the EU Enforcement Directive.

More info, including a link to the judgement is on the Editorial Photographs UK (EPUK) website :- http://www.epuk.org/news/cardiff-steal

In cases of copyright infringement, my advice remains the same, check that the claim is genuine and if it is seek an out of court settlement. In most cases that will cost rather less than £2851.42.

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