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Copyright Infringement Letter for use of an Image on your website???

Written by Rehana Ali on 31 January 2014

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The CDPA 1988

The Copyright Designs and Patents Act 1988 (CDPA) provides copyright protection for numerous categories of creative works. Copyright protection in simple terms means that nobody may reproduce a work protected by copyright without the consent of the owner. Copyright is an intellectual property right that requires no formal registration, it is a right that arises automatically. According to s4 (1) of the CDPA 1988, a photograph or an image fall into the category of an Artistic Work, s4 (2) specifically defines a photograph as “a recording of light or other radiation on any medium on which an image is produced or from which an image may by any means be produced, and which is not part of a film”. It therefore follows that images and photographs benefit from copyright protection.

Infringement

According to s16 of the CDPA 19 Infringement of copyright occurs when a person copies or communicates to the public the whole or a substantial part of a work, either directly or indirectly, without obtaining the consent of the copyright owners, s17 (2) explains further regarding infringement of an artistic work, that copying means reproducing the work in any material form.

Letter demanding royalties???

You may have received a letter demanding payment for an Image you may have innocently used on your website without being aware it was subject to copyright, do not offer to settle the full amount!!. The amounts demanded by certain organisations far exceed the amount a user of an image would have originally paid by way of royalties had they lawfully obtained the image, they may even potentially exceed what a court may award by way of damages. If you have received such a letter do not despair...

Next steps

Lawdit can act on your behalf to save you a considerable amount of stress and money by resolving the matter.  We have a team of solicitors ready to assist, offering an exceptionally competitively priced service so click the link, and get in touch, for a free, no obligation consultation.

If you'd like to know more about this article please send an email to Michael Coyle quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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