Photography copyright claims: A step-by-step guide
As we reported last week, intellectual property disputes can now be resolved using the small claims track in the Patents County Court (PCC), following a Government announcement of a ‘simpler and easier' system last month.
Photographers can pursue damages for breach of copyright, for up to £5,000, without even appointing a lawyer.
However, there are a few bureaucratic hoops photographers will need to jump through when making a claim.
AP asked media law firm Swan Turton to spell out the process that copyright claimants should follow.
‘Before issuing a claim, the photographer should comply with the Practice Direction-Pre-Action Conduct which can be found HERE
‘Annex A gives guidance on the protocol to follow in these cases.'
‘If the matter can't be settled, then the correct form to issue a claim is the N1 which can be downloaded as a PDF.
‘The form should be completed and either handed in or posted to the Rolls Building (see address below) with the appropriate court fee, based on the value of the claim.'
Swan Turton adds: ‘Please note that 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 three: Where to post form
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.
However, adds Swan Turton, photographers should be aware that, while the court administration is run from the Rolls Building, hearings for the small claims track are a held at the Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL.
• General guidance for those wanting to make a claim using the small claims track can be viewed HERE