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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 97944
Experience:  Lawyer
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In 2014 I took some photographs of an event (festival) in

Customer Question

In 2014 I took some photographs of an event (festival) in Toronto to be used on a local toronto website. This past summer I noticed that the organization responsible for organizing that particular event was using my images on their Facebook page to promote the 2015 event. That also gave photo credit for my photographs to a local community newspaper. They did not ask permission to use my images, which of course I am the legal owner of. I have asked them to pay for the use of the images but they are ignoring me. Can I sue for damages?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Yes you can.

You hold the intellectual property rights to those photos because you took them. No one can publish them without your consent and it may be that you would have required a licensing fee for them to publish them.

Given that they are now ignoring you you have every reason to sue them.

I suggest that as a first step you retain a lawyer and have thr lawyer send them a demand letter demanding a set amount of damages to be paid to you by a deadline that you set and threatening a lawsuit.

Customer: replied 1 year ago.
Thank you for the response. I have always heard that it costs a lot of money to sue someone. Can you give me an idea about how much a typical fee would be to send a letter demanding payment and if that letter is ignored, what would the next step be?
Expert:  Debra replied 1 year ago.

What you can do is pay a lawyer a couple of hundred dollars to send a letter.

Then, if that doesn't work you would sue in small claims court and can self represent. You can sue for up to $25,000 in small claims court. So I'm not suggesting that you retain a lawyer to sue but only to send a demand letter. Usually a demand letter from a lawyer holds a lot of weight. You can send a demand letter yourself but it may very well be ignored because you are already being ignored.

Customer: replied 1 year ago.
Thank you. I will look for a lawyer to send a demand letter.
Expert:  Debra replied 1 year ago.

You are very welcome.

I hope it works.

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