Need help on an intellectual property issue

[Lily Moon]

My website www.lesparfumsisabelle.co.uk (http://www.lesparfumsisabelle.co.uk/) has been given to me by Microsoft Office Live free of charge under their small business scheme. It is accompanied with a space for blogging which I use http://lesparfumsisabelle.spaces.live.com/ (http://lesparfumsisabelle.spaces.live.com/)

The background image theme for the blog can be altered from a pool of existing themes offered by Microsoft. This is where I am faced with a problem since I receive a letter this morning from Baker & McKenzie LLP in London, notifying me of a breach of IP with the image used on the blog which is a copyright of Corbis. I had been using this background image for my blog for a while until I changed it to a floral theme a few months ago.

However, on my website under News and Press Releases, the picture had been placed to link the website to the blog. Now Baker & McKenzie want me to pay £983.25 for having used this image which as far as I am concerned was made publicly available since Microsoft is offering it as a background theme on Space Live.

I obviously need some legal help to sort out this matter which must be resolved by 11th March 2009, when Baker & McKenzie want me to return the signed licence fee contract meaning I will commit to pay which I am not prepared to do as 1) I don't feel I am guilty and 2) I believe they should attack Microsoft for using this picture and not me and 3) I am a small business and paying this amount would be a great dent in my budget.

Is anyone able to help me with? Please email me privately with your rates if I cannot solve this with Microsoft as the sollicitors threaten to take court action if I don't pay. I have already contacted Microsoft UK for this matter and do hope their leader will come back to me.

Many thanks in advance to all.

Sincerely,

Isabelle

[JGOffshore]

The first think I would do is write to Baker & McKenzie stating that you used the image supplied by Microsoft in good faith and had no reason to believe that the image was copyrighted to anyone else. On that basis you reject their claim and confirm that you are no longer using the image. Finally suggest that they should contact Microsoft and in any event send Microsoft a copy of your letter.

If B&M want to take this further with you then they will do so in the Small Claims Court. If you get papers for that then ask for the case to be transferred to a County Court near where you live. Go along and explain your case to the District Judge (who will hear the case in Chambers rather than a courtroom) and I'm pretty sure he/she will advise B&M to take action against Microsoft rather than you.

It sounds to me as if B&M are trying it on against small businesses rather than take on the might of Microsoft.

[paultnl]

Do not worry. Have a look at this http://www.fsb.org.uk/discuss/forum_posts.asp?TID=1106

[dingbat]

Are they asking £983.25 just for the image or does this also include legal fees etc?

[Lily Moon]

The first think I would do is write to Baker & McKenzie stating that you used the image supplied by Microsoft in good faith and had no reason to believe that the image was copyrighted to anyone else. On that basis you reject their claim and confirm that you are no longer using the image. Finally suggest that they should contact Microsoft and in any event send Microsoft a copy of your letter.

If B&M want to take this further with you then they will do so in the Small Claims Court. If you get papers for that then ask for the case to be transferred to a County Court near where you live. Go along and explain your case to the District Judge (who will hear the case in Chambers rather than a courtroom) and I'm pretty sure he/she will advise B&M to take action against Microsoft rather than you.

It sounds to me as if B&M are trying it on against small businesses rather than take on the might of Microsoft.

Thank you very much for this precious advice. I was going to reject the claim anyway but your wordings will help me. The most shocking is that I just found out that the image company supposingly holding the copyright called CORBIS belongs to.... guess who??? BILL GATES!!

It looks like a big trap worth releasing in the media!! There is no way I will bend to their threats and yes I do think that a judge at the county court would rule in my favour.

I'll keep Business Forums posted on this.

Isabelle

[silvermusic]

Are you 100% sure this is genuine? My first port of call would be to Microsoft in the UK and see what they have to say on the subject. If you've been contacted you can bet others have too. I'd also double check the details you have of Baker & McKenzie LLP against the real firm. Something just doesn't sound right with this.

[dingbat]

Having read the link posted it appears this company just try and bully people into payment but don't bother with subsequently taking anyone to court. Presumably because the chances of them winning or getting their costs back would be too low.

Just remove the image and leave it at that. I don't claim to be a legal expert but I'd assume any court would find it unfair not to approach someone initially with a warning about copyright infringement and allow them to remove the image.

[Lily Moon]

Do not worry. Have a look at this http://www.fsb.org.uk/discuss/forum_posts.asp?TID=1106

Waow!! This is incredible!
Thank you so much for this advice.

[Lily Moon]

Are you 100% sure this is genuine? My first port of call would be to Microsoft in the UK and see what they have to say on the subject. If you've been contacted you can bet others have too. I'd also double check the details you have of Baker & McKenzie LLP against the real firm. Something just doesn't sound right with this.


I have just talked to Microsoft UK and they seemed totally surprised to hear about this. I am now liaising with them in order to close the matter.

Thank you to all of you who has replied so promptly and prevented me from wasting more time...

Isabelle

[silvermusic]

For what it's worth I still think a phone call to Microsoft in the UK would be worth making. It would be interesting to find out what they have to say on the subject.

[silvermusic]

Sorry Isabelle our posts crossed. :-)


I have just talked to Microsoft UK and they seemed totally surprised to hear about this. I am now liaising with them in order to close the matter.

[Lime One]

We have successfully handled over 480 cases to date on this area and have been asked to comment in the National Press on these cases against small businesses. if you want to send over the details of the letter we can send details of our charges but they are on our site here (http://www.limeone.com/home/Trademarks_and_Copyright/Copyright_Services_Level_One)

There is a letter linked on the FSB site put there by a member of the public as a good example of what to send, it is not and just inflames the situation.