Photographers can pursue damages for breach of copyright, for up to £5,000, without even appointing a solicitor, unlike before where they may have been put off by a potentially long, and expensive, legal fight.

A guide published by the HM Courts & Tribunal Service confirms: ‘The general principle that the unsuccessful party will pay the legal costs of the successful party does not apply on the small claims track.‘

The case would not require a court hearing if a judge deems that the entire case can be dealt with on paper.

Announcing the new system, in October, Business Minister Michael Fallon said: ‘Lower legal costs will make it easier for entrepreneurs to protect their creative ideas where they had previously struggled to access justice in what could often be an expensive process.’

Online copyright grabs

Photography rights lawyer Charles Swan, from London-based solicitors Swan Turton, expects photographers to be the biggest winners in an internet age where, he says, 80-90% of copyright infringement is online.

Swan told Amateur Photographer.

‘It’s good news for photographers… It’s do-it-yourself justice.

‘The whole idea is that you don’t need a lawyer to represent you in court.’

It will effectively allow photographers to boost their earnings, by receiving the fees they are due.

‘I think it will have an effect on the [photo] industry in general. People who regularly infringe copyright will get the message.’

The small claims option may encourage more photographers to take legal action.

The Bureau of Freelance Photographers (BFP)  points out in its November Market Newsletter: ‘The new procedure is intended to be user-friendly, with hearings in a judge’s chambers rather than a courtroom.

‘Decisions can also be made on written documents alone or even following a telephone hearing…

‘It has been too easy for infringers to calculate that a copyright owner would be reluctant to pursue a case where the cost of enforcement might be greater than the value of the claim.‘

More news from Amateur Photographer…   www.amateurphotographer.co.uk/photo-news/539324/photography-copyright-claims-a-step-by-step-guide

‘Before issuing a claim, the photographer should comply with the Practice Direction-Pre-Action Conduct which can be found HERE

‘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.’

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. The small claims track are a held at the Thomas More Building, Royal Courts of Justice, Strand, London WC2A 2LL.

For more details read more HERE