Dealing with copyright infringement

[DavidWH]

Finally got the forms sent off applying for a summary judgement. Emailed them over, in response to the defence they emailed me, but they have to be posted.

6 precise and accurate points, mainly focusing on the fact they've admitted to using the image!

 

[DavidWH]

We've received notice of hearing!

Reading the papers, it seems the judge will first review our summary judgement application, with a summary hearing, and should he disagree with that, will proceed with full hearing to save having to attend court twice.

We've now a comprehensive list of documentations we need to supply prior to the hearing.

Luckily the hearing is on Monday, so I'm making a weekend of it.

 

[Deleted member 59730]

Reading the papers, it seems the judge will first review our summary judgement application, with a summary hearing, and should he disagree with that, will proceed with full hearing to save having to attend court twice.

We've now a comprehensive list of documentations we need to supply prior to the hearing.

Read the judge's review carefully. It may be that the hearing is reduced to the matter of quantum if she thinks the infringer does not have a defence.

Don't forget to include references to past cases especially the case of Absolute Lofts v Artisan Home Improvements.

Good luck

 

[lesliedocherty]

good luck

 

[DavidWH]

Read the judge's review carefully. It may be that the hearing is reduced to the matter of quantum if she thinks the infringer does not have a defence.

Don't forget to include references to past cases especially the case of Absolute Lofts v Artisan Home Improvements.

Good luck

We've not got a Judges review as such, just a notice of hearing, with the date, attached to an order, which tells us what we need to do prior to the hearing. I will certainly make references to other cases that have gone through the IPEC, if for no other reason than to display to the defendant how strong our case is.

I am debating how to demonstrate how I came to the value we are claiming. There's the cost associated with someone taking the image, but also the value of business that the image could generate to the defendant.

 

[Deleted member 59730]

I am debating how to demonstrate how I came to the value we are claiming. There's the cost associated with someone taking the image, but also the value of business that the image could generate to the defendant.

Throw in everything you can think of. In the case of mine that went to IPEC I showed the judge a screen grab of an image which had been lifted by another infringer. It had his watermark on it. The judge showed great interest and added a percentage on top for consequential damage.

 

[DavidWH]

I will do. The nature of the image (a portfolio image of our work), means that there's no comparable 'stock' image to compare it too, and no licence would be granted.

Whilst they argue a web designer sourced the images, they continued to launch the site and social media using the image, using an image they knew fully was not theirs, to promote services for profit on their website. This may be the angle I go for.

 

[DavidWH]

Curious as to how others would present their evidence/case for the hearing?

At the moment I've word document and just titled each page with what they're asking for, and put explained it all, referencing images & documents in the appendix.

Not entirely sure how to reference previous cases as there are similarities between them?

 

[obscure]

I used to have a link to a very useful article that listed all the things you should mention that would affect (increase) the value of your claim. Sadly I can no longer find it or remember the details.

Only bits I can remember are that if they remove your watermark/copyright it helps to prove willful infringement as opposed to innocent infringement. The other was that by using your image on their site they expose it to further infringement. Sadly can't remember any real details

 

[Deleted member 59730]

I used to have a link to a very useful article that listed all the things you should mention that would affect (increase) the value of your claim. Sadly I can no longer find it or remember the details.

Is it this one from earlier in this thread?

http://www.epuk.org/the-curve/the-i...p-by-step-guide-for-issuing-a-copyright-claim

 

[obscure]

Is it this one from earlier in this thread?

http://www.epuk.org/the-curve/the-i...p-by-step-guide-for-issuing-a-copyright-claim

No, but that one looks good as it covers some of the same info and has been updated to include procedures for IPEC etc. Will def save that for future reference.

 

[DavidWH]

Cheers! This is my aim for today is get this squared away.

I spoke with @smallclaimsassistance and provided Dean with copies of everything, got some good pointers from him, particularly with the presentation of documentation.

One thing I have neglected was requesting additional damaged under section 97(2) of the CDPA 1988 on the claim form, and would involve another N244 being submitted, another hearing, and further costs. It wont harm to mention it in the documents for the hearing.

 

[DavidWH]

Just on the train back from London, after our hearing this morning.

The defendant didn't make an appearance, nor did they make any written statement.

The judge started by asking about my application for summary judgement, she agreed that it was a good call and if the defendant was present that would have been granted. As they weren't there we had a judgement anyway.

A short hearing to discuss some parts. Mainly how did I get to my sum for damages, it was hard for her to quantify the damages, especially as we would not grant a licence, and there are no comprable stock images.

Due to the prominence of the image, and the fact they added a footer after we issued our claim that they didn't claim all the photos on the website were there own work, but if you wanted one removing email, yet claimed they didn't know they were doing anything wrong in their defence, we were awarded costs, travel, a total judgement of £1164.

Now to try and get paid!

 

[The Byre]

Well done!

 

[paulears]

Excellent - we should all do exactly the same. I always had the impression the judges actually understood copyright, so good to get it confirmed.

 

[DavidWH]

Yes this was the IPEC so something they do daily.

The judge made a special mention on how our case was presented which made her life easier, and re-enforced our claim.

Satisfying and we'll use it for some PR in the trade mags, and hopefully get some £££'s as it's in his personal name

 

[obscure]

A short hearing to discuss some parts. Mainly how did I get to my sum for damages, it was hard for her to quantify the damages, especially as we would not grant a licence, and there are no comprable stock images.

I think in future cases the way to address this is that it isn't available for license through a stock agency - thus the price of stock images is irrelevant. The relevant cost is how much would it cost them to hire a capable professional photographer (not their uncle with his iPhone) to shoot this image.

It is a common defence of infringers when caught to say "but I could have licensed it from a stock agency for $20". Great, but you didn't. You stole an image instead - one that isn't available on any stock image site and couldn't have been licensed for that price.

 

[DavidWH]

Yes that was the judges point, we didn't hire a photographer, so there was no fee. We took the image ourselves... the image was of a higher standard than others because, I'm quite a keen amateur photographer, and as a creative person have a 'eye' for it, all of which she took into account.

It would be different if we had paid a professional to take the photo, and I think was a fair call by the judge.

 

[DavidWH]

Got a copy of the order from the court today, turns out the amount is £1651.40p including costs.

That's quite a lot for a photo

 

[DavidWH]

Currently having a bit of a battle with the court.

IPEC specialised in copyright & intellectual property claims. I have got my judgment on my desk.

The court have no registered it on the register of Judgments & Fines, so it has no ill effect on the defendants credit file. Considering it looks unlikely that the HCEO's will re-attend after being assaulted and the police taking no interest in the assault.

I am starting to wonder why on earth I wasted my time & money bothering.

 

[DavidWH]

So I made a complaint to the IPEC about the Judgment not being registered.

Got a response today, after the clerks spoke with HHJ Hacon, it turns out I was correct and "these judgments need to be registered".

Whoops.

 

[The Byre]

As Alexander Pope said "Hope springs eternal in the human breast!"

 

[Deana Towersey]

Can anyone offer me some advice - 12 months ago I started a business with a friend who six months ago resigned leaving me as a sole owner/director. On Monday this week I was contacted via FB messenger by a chap who said he thought I was infringing on his trademark.

I've done some investigating and his company dissolved in 2014 but on checking his claim it appears he has continued to trademark the name of his old company. His services are trademarked in event software and tickets and my company deals in Events and event management. Although we share the same two words in the company name mine has (UK) Limited after it. I have made no money from my business in fact I've made a loss this first year and had already considered giving up. My only asset is my home which is mortgaged and nothing special I'm terrified I've unknowingly done something wrong and will lose my home in a dispute. Can anyone offer some advice I am desperate to sort this out.