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Navigating Image Rights Infringement Claims: A Practical Guide
Have you ever faced a threatening email concerning image rights infringement from agencies like Copytrack GmbH, Getty, or similar entities? In this era where image rights are a critical aspect of online content, understanding how to handle such situations is essential.
For over two decades, Lawdit Solicitors have been advising clients on various copyright matters, particularly allegations of infringement. These allegations often stem from you using an image managed by a rights bank (such as Getty, Copytrack, or Image Rights) without a proper license, leading to demands for payment and threats of legal action.
Understanding the Scenario
Typically, agencies like Copytrack claim to act for the rights holder, identifying unlicensed image use on websites and demanding compensation through their portals. These agencies, often based outside the UK, threaten additional costs if they need to involve external lawyers, such as those in the UK.
Practical Advice for Pre-Action Steps
- Remove the Image: When you receive a letter, the first step is to remove the image(s) in question.
- Avoid Signing Undertakings: Be cautious about signing any binding contract attached to the initial letter.
- Verify License History: Check your email history to ascertain if you had obtained a license. If not, it’s time to consider payment.
Deciding the Payment Amount
Understanding the value of the image is crucial. The aim is to pay what you should have originally, essentially putting you back in the position as if the image rights infringement never occurred. This approach often helps in resolving the issue without escalating to legal action.
Handling Ongoing Disputes
If the issue doesn’t resolve despite a fair offer, be prepared to stand your ground, indicating your willingness to discuss the matter if it proceeds to legal costs.
Court Proceedings and Small Claims
Most of these disputes fall under the small claims track at the Intellectual Property Enterprise Court (IPEC), a specialist court part of the High Court of Justice. It’s important to note that small claims usually don’t incur legal costs, meaning each party bears their own legal expenses.
Address for IPEC: Thomas More Building Royal Courts of Justice Strand, London WC2A 2LL United Kingdom Email: IPECsmallclaimstrack@justice.gov.uk Telephone: 020 7947 7387 / 6187
Challenging the Claims
If you decide to reject the claims, you need to challenge the rights holder:
- Request proof of their rights in the works under various sections of the Copyright, Designs and Patents Act of 1988.
- Ensure they provide a copy of the relevant agreements as part of the Pre-Action Protocols.
- Remember, the copyright owner must be a party to any claim, as per s.102 of the Act and CPR Part 19, rule 19.3.
Conclusion and Further Resources
Dealing with image rights infringement can be complex, but with the right approach, it’s manageable. For more detailed insights, listen to our podcast which accompanies this article, discussing the pros and cons of dealing with these agencies.
For further assistance, contact Michael Coyle at michael.coyle@lawdit.co.uk.
