IP Protection Ltd

Intellectual Property Protection: Enforcing the rights of Photographers, helping recover license fees lost by unlawful copyright infringement.

[IP Protection Ltd @IPP_Ltd]

@russellfranks @elliottfranks Our deepest condolences for the loss of your brother, Elliott.

[IP Protection Ltd @IPP_Ltd]

@sharper76 @pixel8foto @AlamyNews @tayfunsalci It fails the fair dealing test immediately because it hasn’t attributed the author. It’s a copyright infringement, unless it’s been properly licensed.

[IP Protection Ltd @IPP_Ltd]

@nickwallis by issuing an invoice that gives a value you were prepared to accept for the unauthorised use of your work.

So please, people, stop saying “send an invoice”.

[IP Protection Ltd @IPP_Ltd]

@nickwallis Once you have issued an invoice, not only is it not enforceable did they don’t pay, but should you then pursue a claim for copyright infringement, you have already limited the amount a court would award you - even where additional damages of 500% might have been awarded, simply

[Nick Dunmur (@nickdunmur.com on Bluesky) @nickdunmur]

.@BBCr4today Please correct your reporting - we don’t have ‘fair use’ in the UK, we have ‘fair dealing’ exceptions to copyright law. There’s a difference and it’s important to be accurate in what you say so the lines are not blurred @AssocPhoto @BBCNews

[IP Protection Ltd @IPP_Ltd]

@Ewood_Elaine06 @Alex_Cameron Don’t invoice!

[IP Protection Ltd @IPP_Ltd]

In other words - The rights owner sets the value of their work, not the infringer. Subject to certain caveats, eg: Having already issued licenses for similar fees, or having a publicly displayed price list. Figures can't be made up on a whim - they have to be demonstrable.

[IP Protection Ltd @IPP_Ltd]

"We only pay £50 for photos as we have a deal with a stock library."
It doesn't matter what you'd pay for any _other_ image. The reasonable royalty is what the copyright owner would be able to achieve from anyone willing to license the image in the claim, not any other image.

[IP Protection Ltd @IPP_Ltd]

A common reaction of people who infringe our client's © is to try to devalue the work by saying things like "there are better images available for free" etc.
It doesn't help as a defence though since it only shows there was no reason to use our client's work in the first place.

[IP Protection Ltd @IPP_Ltd]

@Michael99671923 @Jonesy_Bones @Alex_Cameron It appears @Alex_Cameron has had a successful resolution to this claim which is good news!

[IP Protection Ltd @IPP_Ltd]

@Michael99671923 @Jonesy_Bones @Alex_Cameron By not treating the infringement for what it is, an infringement, rather than a service, you also limit the additional damages you may otherwise qualify for - which can be as much as an additional 500% of the actual damages.

[IP Protection Ltd @IPP_Ltd]

@UCantFindMeMom @Alex_Cameron Absolutely! Although you can make a lower without prejudice (save as to costs) conditional offer to encourage prompt settlement, with an expiry date and formally withdraw it if not accepted by the expiration date with the consequence being a higher settlement amount going forward

[IP Protection Ltd @IPP_Ltd]

@costarino @Alex_Cameron You’re welcome, no problem.

[IP Protection Ltd @IPP_Ltd]

@costarino @Alex_Cameron In most cases of copyright infringement there is no binding contract (where the image has been used by someone who holds no license at all for example), unlike someone who uses the image outside the scope of a license they hold - eg. using in print when they paid for online only.

[IP Protection Ltd @IPP_Ltd]

@costarino @Alex_Cameron There are Additional Damages that may be awarded *at the discretion of the court* for various acts associated with the infringement and these may be negotiated in settlement talks, but you can’t just pluck figures out of thin air. Your damages have to be achievable and realistic.