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UK Getty Images Letter Forum / Re: Getty/Atradius/Solicitors
« on: April 20, 2016, 12:07:19 PM »
Have they escalated it or just got their on call solicitors to write you another extortion letter?
Calm down and have another read of the UK citizens advice page. End of the day it is always going to be your call, no one said LCS would give up easy.
Experience of these forums tells us that they do everything in the book to threaten you short of actually raising a summons, but of course that is not to say they could change that approach at any time.
Look on it in this context.
UK courts expect all parties to be reasonable in all the circumstances. They will take a dim view of a firm claiming silly money which bears no relation to the actual sums lost.
To fast track stuff like this and not clam up the High Court a Small Claims route was established. Citizens Advice goes into some detail on this.
If in the unlikely event a summons is issued you could for example offer them the cost of a 5 year licence for the photo (probably over and above what you used it for) and a token £100 for their expenses.
If they refuse that offer and proceed to court the Judge I strongly suspect take a very dim view of their claim and see you as having been reasonable and tried to settle the matter. (see the Section on part 36 offer).
https://www.citizensadvice.org.uk/consumer/copyright/the-internet-filesharing-and-copyright/if-a-copyright-owner-or-their-agent-is-threatening-or-pressuring-you-to-pay-compensation/
Calm down and have another read of the UK citizens advice page. End of the day it is always going to be your call, no one said LCS would give up easy.
Experience of these forums tells us that they do everything in the book to threaten you short of actually raising a summons, but of course that is not to say they could change that approach at any time.
Look on it in this context.
UK courts expect all parties to be reasonable in all the circumstances. They will take a dim view of a firm claiming silly money which bears no relation to the actual sums lost.
To fast track stuff like this and not clam up the High Court a Small Claims route was established. Citizens Advice goes into some detail on this.
If in the unlikely event a summons is issued you could for example offer them the cost of a 5 year licence for the photo (probably over and above what you used it for) and a token £100 for their expenses.
If they refuse that offer and proceed to court the Judge I strongly suspect take a very dim view of their claim and see you as having been reasonable and tried to settle the matter. (see the Section on part 36 offer).
https://www.citizensadvice.org.uk/consumer/copyright/the-internet-filesharing-and-copyright/if-a-copyright-owner-or-their-agent-is-threatening-or-pressuring-you-to-pay-compensation/
Quote
If your case goes to court
If you're taken to court for copyright infringement, tell the court of any misleading, aggressive or harassing actions against you.
The court will take the conduct of the copyright owner, exclusive licensee, or solicitor, into account. For example, the court can refuse to impose additional damages on you because of the copyright owners’ behaviour, or refuse to impose any costs on you. Courts can also impose restraining orders.
If you're feeling threatened but the dispute is really about the settlement sum, and the copyright owner is just repeating demands for money, consider making a Part 36 offer.
A Part 36 offer calls the copyright owner’s bluff, leaving them no option but to justify the damages they are claiming in court, while protecting you against costs if you're found guilty of copyright infringement by a court.