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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100372
Experience:  Lawyer
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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: 1 year ago.
Category: Canada Law
Customer: replied 1 year 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 1 year 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 1 year ago.
Never mind the live call request, thanks
Expert:  Debra replied 1 year ago.

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

Customer: replied 1 year ago.
No, he sent me a registered letter to pay , I didn't respond then he made the claim
Expert:  Debra replied 1 year 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 1 year ago.
when will you call me ?
Customer: replied 1 year ago.
How do I reply to the claim?
Customer: replied 1 year ago.
Should I agree for the claim and just ask for reduced amount? or not agree with claim deny the whole amount?
Expert:  Debra replied 1 year 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 1 year ago.
Thank you.
Expert:  Debra replied 1 year 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 1 year ago.
I will, like to see if I have more questions or not first. Thanks for your time.
Customer: replied 1 year ago.
can i make a counter claim?
Customer: replied 1 year ago.
or someone else is responsible, my realtor who give the photo?
Expert:  Debra replied 1 year 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.

Expert:  Debra replied 7 months ago.

Can you explain what is happening with the answers I've provided?

I've helped you many times but now I see that you didn't rate me for this set of answers and the reason I noticed this is that the site just told me that you requested a full refund for the last time I helped you. That was last month but the refund was just debited from my account now so I assume you just requested it.

Was something wrong with this answer and the one you first gave me 5 stars for and then demanded the refund?

I would like to know as you are on a lot and I will be sure not to leave the questions for other experts if you prefer. I cannot afford to work for free or to have my stats harmed on the site but also I want you to be happy.

I can see that you first posted your last question on the US law list and if you were charged twice please make sure the site knows it was not my question that you wanted the refund for but the other one.

But if that is not the reason please let me know so I can try and improve in the future and so I can be sure to allow you to have another expert answer from now on so you are no longer disappointed.


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