How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95901
Experience:  Lawyer
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

I live BC Canada. When I listed my house, the realtor paid a

Customer Question

I live BC Canada. When I listed my house for sale, the realtor paid a photographer to take photos of my house and give me a copy. I used the photos for my vacation rental business. Now the photographer made a claim at the small claim court for $500 per photo.
Submitted: 3 months ago.
Category: Canada Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 3 months ago.
When I received the photos, it was not copy righted. It was part of the listing agreement that I will get a copy of the photos.
Customer: replied 3 months ago.
Never mind the live call request, thanks
Expert:  Legal Ease replied 3 months ago.

Were you asked to stop using the photos first and refused or were you not even asked to stop?

Customer: replied 3 months ago.
No, he sent me a registered letter to pay , I didn't respond then he made the claim
Expert:  Legal Ease replied 3 months ago.

Unfortunately, you are not correct in your view that you were permitted to use the photos.

The reason why is that they were the creative work of the photographer and that means that the photographer owns the intellectual property rights to the photos.

He does hold a copyright on these photos even if it is not registered. It is automatic.

And while you were given a copy of the photos you did not have the right to use them without the consent of the photographer.

At the same time the photographer is going to have to prove that you owe the $500 per photo. If that is what he charges someone who wants to use a photo of his he will succeed but if he has made this amount up he is going to really have to prove that he is entitled to that sum of money.

Does that help clarify the law?

Customer: replied 3 months ago.
when will you call me ?
Customer: replied 3 months ago.
How do I reply to the claim?
Customer: replied 3 months ago.
Should I agree for the claim and just ask for reduced amount? or not agree with claim deny the whole amount?
Expert:  Legal Ease replied 3 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

You agree with the paragraphs that are correct in the claim. You state which paragraphs you have no knowledge about, you list which paragraphs you disagree with and state that you put the plaintiff to strict proof thereof. You tell your side of the story.

You can say that you deny that you owe the plaintiff any money but if you do it is no where near the $500 and demand that the plaintiff prove this level of damages.

Customer: replied 3 months ago.
Thank you.
Expert:  Legal Ease replied 3 months ago.

You are very welcome.

If we are done please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Customer: replied 3 months ago.
I will, like to see if I have more questions or not first. Thanks for your time.
Customer: replied 3 months ago.
can i make a counter claim?
Customer: replied 3 months ago.
or someone else is responsible, my realtor who give the photo?
Expert:  Legal Ease replied 3 months ago.

You are entitled to the keep the photo. You were not entitled to use it.

I don't see what you would be counter-claiming for.

Related Canada Law Questions