I’ve been trawling through some magazines and came across this news story in an issue of Amateur Photographer (AP) dated 8 December 2012. It’s mainly relevant to UK photographers but there may be similar legislation in other countries. I do hope AP don’t mind me publishing this!
Guidance for photographers who want to claim damages over copyright infringement, using the small claims process, has been supplied to AP by a leading media law firm.
Intellectual property disputes can now be resolved using the small claims court in the Patents County Court (PCC), following a Government announcement of a “simpler & easier” system. Photographers can pursue damages for breach of copyright, for up to £5,000, without appointing a lawyer.
However, there are a few bureaucratic hoops photographers need to jump through when making a claim. Media law firm Swann Turton spelt out the process that copyright claimants should follow.
STEP 1: Before issuing a claim, the photographer should comply with Practice Direction - Pre-Action Conduct, which can be found HERE
Annex A gives guidance on the protocol to follow in these cases.
STEP 2: If the matter can’t be settled, the correct form to issue is N1, which can be downloaded as a PDF HERE
The form should be completed & handed in or posted to the Rolls Building (see address below) with the appropriate court fee, based on the value of the claim. The photographer MUST state in the Particulars of Claim that he/she would like the claim to be allocated to the small claims track.
STEP 3: The completed N1 claim form should be sent to PCC Small Claims Track, The Patents County Court, The Rolls Building, 7 Rolls Building, Fetter Lane, London EC4A 1NL
While the court administration is run from the Rolls Building, hearings for the small claims track are held at the Thomas Moore Building, Royal Courts of Justice, Strand, London WC2A 2LL
Finally, general guidance for those wanting to to make a claim using the small claims track can be viewed HERE
I hope this is of use/interest given the new legislation HM Government have introduced recently in respect of copyright protection. You can read more HERE and HERE.
’ll also pop This information is now on my LEGAL STUFF page on my Tumblr blog.