André Meier, Hans* was able to see the claim impossible to advance. The reason for the demand a picture on its website. Meier, Hans is a musician, and switches on this page, among other things, information about himself and his projects. With the establishment of a website he had commissioned a web designer. This added the image of the data cable to the note on some of the digital Download of the visually spice things up.
One day Meier, Hans received a letter from the law offices Meili Pfortmüller. In the Letter, the office referred to the “unauthorized use” of the image, the rights to the “Masterfile Corporation perceives”. Another company has licensed, therefore, the photo and the marketed this exclusive. Since it was a “photographic work”, according to Swiss copyright law, it is protected and should only be used with permission. “Such consent is not obtained, which leads to a compensation obligation.”
The compensation of the attorney’s office, calculated according to the “license analogy”, that is, the costs are calculated as Meier, Hans would have purchased a proper license. And a bill of 1474.20 francs, which was to be paid within ten days. This requirement, the attorney’s office associated with the note, the image was immediately removed from the website. And finally, the attorney’s office warned that in the event of a dispute before the court, significant legal costs and default interest would add.
Social media affected
For years, forums of complaints from Concerned about such cases piling up in the Internet. There are service providers such as copy track, which offer Software to specific images in the Internet to track down. Sometimes Affected from Switzerland – often receive but also from other countries – warnings. Thus, the requirement for a license is made a fee claim. Nicola Benz, attorney-at-law at Froriep, knows of another case in which it came to photos in social media. A client received a claim for royalties from the images, which had placed other people on his channel. Benz notes that the amount was similar to that in the example of Meier, Hans. She suspects that the Amount is deliberately chosen so that on the one hand, money can be earned, and it is worth on the other hand, for Affected hardly, my own lawyer.
But what to do is Concerned, if you get such receivables for license fees? In response, Meier, Hans letter to the Prosecutor’s office argued that the use of Faith was that it was a royalty-free image. And never it went to bypass the copyright claims. He acknowledge, therefore, no legal obligation to, and each debt. Finally, Meier, Hans could not understand how the attorney’s office had calculated the required amount. However, the professional musician was with the lawyers. There is no “legitimate expectation” that argued this. The amount so owed, in any case, even if someone else created the website. He also received instructions on how the fee was calculated.
Meier, Hans could not answer. He called the lawyer’s office Meili Pfortmüller. In a personal conversation with the competent clerk offered him after a short time, to lower the requirement to 1000 francs, if Meier would pay for Hans immediately. To each process to exclude the risk, he agreed and transferred the amount.
“The costs of court proceedings exceed the license fees.”Nicola Benz
Herbert Pfortmüller, a lawyer of the law firm of Meili Pfortmüller, confirmed that his client would pursue all legitimate claims consistently. This must especially be expected if a license is donor willing to engage in a Swiss lawyer’s office. Again, he admits that he is not a court verdict was known: “It always comes before a horse-trading.”
Nicola Benz as well as other legal experts come to a different conclusion than Pfortmüller. They advise to remove a warning letter objected to the images quickly. On financial receivables Benz would not respond. No case is known in which a copyright owner in court on their claim against individuals insisted. “The costs of court proceedings exceed the license fees,” she says.
hurdles
The first hurdle is the proof of damages is: A licensee would have to prove in court that an image is protected by copyright. According to current law, a picture in Switzerland must have an individual character. Snapshots do not meet this criterion. If the author comes to legal protection for the application, you need to decide the judge’s case-by-case.
Secondly, Benz doubted that a license could enforce borrower receivables in the amount of 1,000 francs or more. For Comparison, a judge would pull prices from other providers on the Internet. “The fee for an image is 1000 Swiss francs, but rather in the case of 100 francs, or even significantly lower.” In addition, interested parties can find in the Internet, many license-free offers. In other words: It is worth for a licensee hardly, for photos from the Internet of a court to initiate proceedings for unauthorized use. Another reason to fight back against such demands, making the associated business. “As long as people are willing to pay, there is an incentive to send such warnings,” says Benz.
*the Name has been changed
(editing Tamedia)
Created: 24.03.2019, 20:06 PM
