Legal Advice Needed - Copyright

[Elton]

I've just received a letter from a solicitor, demanding £1000.

 

Apparently, a small range of figurines that I had for sale was, in their opinion, in breach of copyright.

 

If it was, I had no idea - I bought them in good faith from a supplier that I order from on a regular basis.

 

Where do I stand here? Frankly, I don't have £1000 to give anyone.

 

Sad thing is, I only ever sold 1 piece out of the entire range!!

 

Thanks in advance,

 

Elton

[Elton]

The £1000 was an 'initial payment' - they want more.

[wirral sea fishing]

surley if you bought them and did not manufacture them, then the breach of any copyright is not with you ? but with YOUR supplier.

[Elton]

That's what I'm hoping.

[bitsbobs]

Can't see you being guilty of anything, Get your own solicitor and tell them about your loss of earnings trying to sort this out, throw a bit of worry and sleepless night in too.

 

Sounds like a scam to me. Are the solicitors listed in the yellow pages etc.

[Elton]

I've actually spoken to the firm now and it's all getting a bit confusing.

 

They still want me to send back their 'Undertakings', minus the money bit - they thought that I was the manufacturer. This includes saying that I won't sell them ever again.

 

I've removed the items from sale.

 

The manufacturer maintains that they do have the rights to reproduce these pieces and are now speaking to them.

 

I'm going to give them the big F.O. and, if they won't go, I'll have to waste time and money going the legal route

 

Oh, joy.

[RobStubbs]

Elton,

Just tell them that they are no longer for sale and you didn't know there was any breach of copyright. Don't admit liability and don't pay anything would be my advice.

 

Rob.

[kleinboet]

Elton - why not tell them that you are now considering suing your suppliers, (for loss of earnings, mental stress etc.)and using the letter sent to you and calling them as witnesses.

I'd love to see their reply to that.

 

[ 23. June 2004, 03:01 PM: Message edited by: kleinboet ]

[davidP]

Elton, it's totally standard for them to ask for money as it gives them options later should they want to change their aproach. I'm just surprised that they came up with an amount straight away as it's obviously not based on any kind of reality.

[me]

they have no right to do that. You only sold them second hand. Surely there's no harm in that.