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I am about to pay a copyright infringement. It's pretty far…

Customer Question
Hello I am about...

Hello I am about to pay a copyright infringement. It's pretty far down the process but i feel as though they are being overly forceful in the pursuit.

Lawyer's Assistant: Are you in the UK or are you in the States?

UK

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

I have removed the offending image. I have signed a cease and desist. I have gien them a signed affadavit i received no income or revenue from the startup for the period the image was there. They said due to my cooperative behavior the client was willing to settle for 1200Euros. They didnt give me a payment due date. Today i received an email urging me to pay again and saying as it was not paid in the time alloted i am now defaulting and paying 5%+ interest. It must be paid by the 20th march or i goto risk of process costs

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 1 month ago.Category: UK Law
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Customer reply replied 1 month ago
order of correspondence:
Abmahnung 303-00005-signed.pdf returned signed eventually accepted.
Then i send the signed affadavit they requested.
The the cost breakdown i received today. With the default and 5% + interest note. I cannot find reference to any payment due by date at all.
I would like to avoid court what do you suggest?
Answered in 30 minutes by:
3/13/2018
Solicitor: Jamie-Law, Solicitor replied 1 month ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 6,739
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

Apart from the affidavit, have you signed any other documents and sent them to the lawyer?

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Customer reply replied 1 month ago
Hi Jamie
yes see Abmahnung 303-00005-signed.pdf on the attached files. I signed the end of it and altered my own cease and desist text
Solicitor: Jamie-Law, Solicitor replied 1 month ago

That is where you say you agree to pay 5001 Euro for each infringement?

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Customer reply replied 1 month ago
only if renage on the cease and desist.
Customer reply replied 1 month ago
I don't intend to do that
Customer reply replied 1 month ago
I wrote this
I admit to no infringement whatsoever. Furthermore i would draw your attention to the fact the website in question has not been launched, the business in it's current incarnation (since i joined) has not been launched and no monies or assets have been acquired by this business to this date from when i became involved. I designed a website and the plan was to launch CASPuk anew last year. Unfortunately family issues prevented us from doing so. So the site was put on hold as was the business launch with me as a part of it. The website development was also put on hold until such time as we could mock our own images to replace the placeholders. The website was discouraged for search engine indexing and sat dormant as did the company. The site and company has been this way ever since. I can categorically state i have received no revenue whatsoever from CASPuk and have undertaken no jobs whatsoever for CASPuk.The site is still under development and any litigation would force bankruptcy of the company due to lack of assets or profit.I would also ask the UK copyright for this image to be forwarded to me in full. Furthermore and more importantly the website this image was obtained from had NO copyright notice and legal terms visible as from 24/01/2018.
__________________ signature
I trust the matter is now resolved.
Solicitor: Jamie-Law, Solicitor replied 1 month ago

Ok - the good news is that they would have to sue you here.

If they did, they can't claim legal fees.

So you would only end up owing like 930 Euros.

They can't claim costs. So you should write back and say you don't accept it as you didn't make any money and invite them to issue proceedings here in the UK

The chances are they won't because as a small claim, legal costs are not recoverable.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

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Customer reply replied 1 month ago
But there is a chance they can choose the place of proceedings according to this "The Court of Justice of the European Union has decided on 22 January 2015 under the file C-441/13 that, in the case of copyright infringements on the Internet, the court of each Member State is competent within the EU in which either the infringement has been carried out (place of action) or in which the website on which the copyrighted work was made available (place of success). Therefore, the court at the registered office of the injured party is responsible, as long as the infringing content was available there over the Internet. According to the ECJ, it is not a matter of whether the website in question is "directed" to the Member State of the court seized, but its mere accessibility in a Member State justifies the jurisdiction of the court in that Member State. However, it is naturally possible as well for my client, to claim his rights in front of the national courts through one of our international partners."
If this is the case should i just pay the 1200 euros as i cannot have any proceedings against my name.
thanks
Solicitor: Jamie-Law, Solicitor replied 1 month ago

But then you can contest it. They have to send you a claim form and you can contest jurisdiction.

You have a good argument to say that it comes under UK law.

Does that clarify?

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Customer reply replied 1 month ago
I do understand thanks. However my concern is they remove the 'goodwill gesture' and go for the original amount of 1600Euros if i procrastinate. Then if i do lose the case i will be liable to pay more. I would also ask about the fact he has me on default for not paying within the allotted time however there are no "payment by" details in any correspondence. Is this legal?
Solicitor: Jamie-Law, Solicitor replied 1 month ago

No, because they didnt provide payment details.

So you have an argument anyway

Does that clarify?

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Customer reply replied 1 month ago
Just to clarify, you would advise me to refuse the offer and see if they take it further? You don't think they will?
Solicitor: Jamie-Law, Solicitor replied 1 month ago

correct and yes.

Does that claiefy?

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Solicitor: Jamie-Law, Solicitor replied 1 month ago

* clarify? *

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Customer reply replied 1 month ago
thanks.
I am still a little worried about the risk of it going to court and being issued with a judgement against me. If that happens it would affect my credit and suchlike.
I responded thus;
Good day.It is apparent you do not wish to communicate any further on this due to your lack of engagement. Even though, within your emails is 'the call to action' for me to contact you and you would be happy to help with any questions. I have emailed several suggestions and questions which have seemingly been ignored.From said 'lack of engagement' and my obvious willingness to settle the matter amicably i will assume the following if i have no response by the end of today.You have rejected my counter offer of 'without prejudice' 600 GBP for a quick settlement to this.
You are unmovable from your original requirement (1200 EUROS) and not willing to discuss further.
You have acknowledged no date was given to me for any payment due. Therefore no default would of course apply and is indeed, unlawful.I will be discussing my course of action with my lawyer today.Kind regardsChrisOn 13/03/2018 21:01, Chris Lavelle wrote:
>
> I would like to take this opportunity to collate all my responses. Received or no.
>
> Firstly, you have never given me a deadline by which to pay the amount of 1,200 EUROS. Therefore i cannot be in default and have charges apply for an arbitrary date of which i was not informed. I assume the line 'From today on, you are going to be in default and additional costs in the amount of 5% above the basic interest rate will arise daily.' Is stock and i would like it retracted please.
>
> I have contacted my Lawyer and she advised me to contest this due to various mitigating factors and judicial locale. However i did make an offer without prejudice of £600 GBP for a quick settlement to the issue. I can only assume you have never received this?
>
> The emails you are sending are from a Domain i am unfamiliar with and to simply send money via IBAN (which incurrs cost to me) is something that troubles me greatly. Having said all of that, even in the face of my lawyers advice i do wish to settle this amicably out of court.
>
> Please do advise at your earlist possible convinience
>
> Kind regards
>
> Chris LavelleHe seems to be ignoring me hoping i will pay by the 20th March. It's very frustrating.
Can you offer me any final advice before i decide on a course of action?
best
Chris
Customer reply replied 1 month ago
Sorry but i added the lawyer bit to give me some gravitas. Hopefully so he will realise i cannot be held to extortion.
Customer reply replied 1 month ago
it makes me appear more affable
Solicitor: Jamie-Law, Solicitor replied 1 month ago

I agree. They are clearly trying to rip you off.

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