Advice on Copyright Issues | Legal Aid Clinic

Questioner

Hello I received a nasty letter from a law firm in Rotterdam about copyright infringement. It concerns 3 very small/low resolution photos that I downloaded from google years ago and placed on my website. The images have not been on my site for 4-5 years. The letter states that the images are managed by an American/Irish company, that I do not have a license for them and that I had to pay a fine of 2,300 euros. I now understand that I have probably made illegal use of the images and that ignorance is no excuse, but I find the amount disproportionate. I hope you can advise me. Yours sincerely

Lawyer

If it can be demonstrated that it has not been used for 5 years, the claim is time-barred. If it is shorter, then research should be done into the fame of the creator and/or whether the manner of use is derogatory. There are calculation tools that determine the infringement of the use of a photo on the internet in time.

Lawyer

I had a similar experience with a client of mine. The client had also used some photos in violation of the license right, but had not used them on her website for some time. She was still 'charged' a considerable amount. The client offered to pay a reasonable fee (200% of the usual I-stock rate for comparable material), but the law firm did not consider this sufficient. I advised the client not to respond to any more letters from the law firm. It appears that the internet is being/has been combed through 'detection robots' and that the law firm is trying to obtain as much as possible for its client, while resorting to procedures if payment is not made.

Lawyer

We know the office you are referring to and its letters like no other and have helped large numbers of clients get rid of them for a much cheaper price, even including our costs.