JA Coles, of Manchester and London, used a photograph entitled
'Mother with daughter (6-8) looking at each other and smiling' on
its website. Getty Images had a contract to market the picture
on behalf of its owner, Canadian photographer Larry Williams.
Getty said in its court submission that it had used image
tracking technology to detect the unauthorised use of the picture
in late 2007. Getty said that it wrote to the company seeking
payment for the use of the photograph. The photograph was removed
from the site but JA Coles did not reply to Getty Images' letter or
pay the fee requested in int.
Getty Images sued in the High Court for copyright
infringement. That case has now been settled and JA Coles has
admitted that it infringed copyright by using the image and has
agreed to pay damages.
The company has agreed to pay £1,953.31 in damages and interest
over the use of the picture, plus Getty Images' legal costs.
As well as the commercial rate for the use of the picture, Getty
Images had originally claimed compensation for the cost of
detecting the infringement; 'insidious damages' it said were caused
because such use of its images undermines its ability to be paid in
full for all its images and exploit the rights it has; and
additional damages once it had more information on the full
circumstance of the case.
There is no mention in the short court order issued by the High
Court of additional or insidious damages.
Courts will usually award as damages the normal commercial fee
that would have been paid by a company to license the image in the
first place in such cases and award additional damages only where a
company can show that the breach of copyright was flagrant.
Pinsent Masons, the law firm behind OUT-LAW.COM, acted for Getty
Images in the case.
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