This is on my mind, received this morning. Not sure whether this guy is mad or bad. Any opinions anyone? ( The guy is lying by the way - I didnt say that it was unfair that I couldnt use his work for free. I tried to ask him why he was asking me for money, when he could have just asked me to take the picture down.) As for impugning his integrity, I have no idea what hes talking about. Dear Matt, I didnt call you, you called me and immediately started saying that it was unfair that you couldnt use my work for free which is why I really didnt want to listen to you Im afraid! It really is utter rubbish. What is unfair is 1) that you have used my image in this way, 2) that you are wasting my time with long emails about it, and 3) what would be really unfair would be if those diligent in arranging licensing & use in the correct way pay, whilst those using my image without license got away with paying nothing at all. For your information the reason I saw your infringement was because you have been quoted as the source for a further and even more serious infringement by a third party in a hardback book who has repeated your mislabelling etc. & who appears to even claim copyright. Non bylined/non credited & mislabeled use has exactly that knock on effect... I dont want to be dealing with any of it but have a responsibility to myself and others to do so. I dont like your at least at one time singing from the same political hymn sheet as if my standing up for my rights is evidence of my selling out - that is a cheap shot and untrue. That is the second time you have impugned my integrity. Furthermore, whether I charge for use for causes I agree with or not is at my discretion not yours. I havent said anything about taking you to the cleaners for your use, albeit one which is clearly promoting your publishing work - and indeed all of your books do look very interesting. I am correct in the terms I use, infringement by someone who is in publishing/journalism/business will be held as flagrant in law and I may be entitled to claim further damages in this & other respects. I require your contact details by return. In the interests of resolving resolving this matter quickly and with good will for both of us I am, at this stage, willing to make a without prejudice offer to waive my rights to damages from you with respect to your breach for a payment of £120 incl VAT, provided that you accept this offer in writing within the next 7 days and provided that such sum is received on my account within the next 14 days. That is a very kind offer on my part. This does not grant any license to use the image. Should I not receive notification of acceptance of this offer within the period described above and subsequent payment of our invoice I shall pass the matter into other hands. If I have to take this claim further, I reserve by right to add other losses resulting from the breach, the costs of lawyers fees, court fees, and other expenses will also be added to the cost of the claim. There is now a court set up especially for this purpose. Yours Faithfully
Posted on: Fri, 14 Nov 2014 13:20:19 +0000
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