Copyright fine

Toni Ellis said:

Hi all,

One of my clients has received a £4000 fine for using an unlicensed image. This was done before my time with them. When I took over their SEO I built a new website and the image was removed.

Is there anything I can advise them to do? They have been given 5 days to pay.

Thank you

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Chroniclez said:

What do you mean? Just remove the offending image(s) and pay the fine.

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Frenzy29 said:

Wait, who give them the fine?
Are you sure is legit?

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Unreliable Witness said:

Given the fine is in GBP, I assume your client is in the UK.

Using someone else's copyright is a civil offence, not a criminal offence. So, this is not a fine, its a request from the copyright holder.

In the UK, you can only claim damages - not an amount that is intended to punish the person. Damages have to reflect the economic loss of the copyright holder.

So the first question to ask is why £4,000 and not say £3,998? How did the owner calculate £4,000?

At £4,000, its not really worth taking the case to court because the claimant's lawyers' fees will be more (while the loser might pay the fees of both parties, they also might not, depending on who the client is). So most likely, the claimant is claiming £4,000 and hoping that your client will be scared and therefore pay.

Practically, the best solution is probably for your client to make a counter offer based on what would have been paid had the image been licensed.

I were you, I wouldn't propose this to your client though. You're not a lawyer and this took place before you became involved. Have them find their own legal advice.

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Toni Ellis said:

Company called rights control in London. Client seems to think its legit

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