october_lost
It's not hip any more...
That's pretty fucking disgusting. Would a complaint to the NUJ make a difference?
Yes. I mean it's not like a major newspaper printed his photo, rather crappy that he couldn't cut Freedom some slack.Button was telling me about this last night. I know the photographer has to earn a living, but it's so surprising and disappointing that he chose to pursue it
Fucking hell! What an absolute scumbag, hopefully he'll trip up in front of a bus.Earlier this year he sued a drugs charity for using photographs in good faith that they believed they had the right to use, this ultimately ended up closing down the charity and he successfully established the precedent that 'innocence is no defence'
- Mr Hoffman claims the revenue he has lost which he estimates at £250 per photograph per year (i.e. £250 x 19 photographs x 4 years = £19,000) and then a further 50% uplift on top for the use of the photographs as thumbnails coming to a total of £28,500. He puts his case as either what he calls a sum for usage or damages. Given that there was no agreement for the use of the images, the right approach is to assess the sum as damages.
- The defendant's position is that the value Mr Hoffman has placed on the photographs is well beyond their intrinsic value either to the defendant or any other charity. It points out that the Dept of Health offered £50,000 to settle all the cases but Mr Hoffman did not accept it. The defendant also submits that if it had been advised the photographs were not covered by Crown copyright, they would not have been used. I do not doubt that latter submission but it does not help me to assess the correct level of damages in this case.
- While I do not doubt that the £50,000 offer from the Dept of Health was in good faith, it is impossible to use it as any sort of scale against which to measure Mr Hoffman's claim without knowing at least how many charities the Dept of Health was negotiating for. Of course Mr Hoffmann does not accept it anyway.
- Mr Hoffman states that the fees he seeks have been calculated using NUJ minimum rates but he does not elaborate. My understand of such rates is that they depend on various factors such as the sizes of the images, the period of proposed use, the nature of the proposed use and the nature of the proposed user.
- It seems to me that it would be disproportionate to seek further submissions from the parties. They have put to me the material they wish to and it falls to me to do my best with the information available.
- The right sum by way of damages is the sum which a willing photographer in Mr Hoffman's position and a willing user in the defendant's position would have agreed upon as a charge for using the photographs on the websites.
- Taking Mr Hoffman's claim it divides into a number of elements, there is a basic fee (£250), it is charged per photograph, he then seeks to charge it annually (hence x 4) and then seeks a further 50% for thumbnails.
- I have no doubt a willing user and willing photographer would have agreed a basic fee per photograph. However I would expect that if 19 photographs were being employed, there would have been a substantial discount.
- I reject the idea that the fee would have been a simple annual fee. The parties would have agreed a single fee to use an image, having regard to the period of use. I do not doubt that the fee would have been larger for a longer period of use but it would not scale linearly with the number of years.
- It seems to me unlikely that a further extra fee would be agreed for thumbnails of the very same image. I believe the usage fee would have permitted use of the images both as full size pictures and thumbnails.
- The period of the infringement is about four years although not all 19 of the photographs appear to have been displayed for the whole period since Mr Hoffman has pointed out that after he contacted the defendant in 2007, 16 images were still in use in January 2008. Mr Hoffmann has also pointed out that the photographs were still present on the servers in 2011 albeit as I understand it they were not linked to by links on the public web pages but he has not suggested that the sum by of damages should be increased as a result.
- Mr Hoffman contends his basic fee would have been an annual fee per photograph of £250 (albeit he contends thumbnails would be extra). That comes to £19,000. In my judgment that is too high a sum for the use of the 19 photographs in this case for a period of four years.
- The photographs are pictures of drugs and it seems to me that the likely market for such photographs would be customers in the public and charitable sectors. The right sum is a sum acceptable to a willing photographer aiming at that market and a willing charity or public sector organisation. In my judgment a willing photographer operating in that market would not realistically expect to be able to charge a fee of that magnitude.
- On the other hand while I do not doubt the sincerity of Mr Goad's submission that the value of the photographs was minimal or of zero value, photographs only exist because a photographer like Mr Hoffman is prepared to use his skills to produce them. He is entitled to realistic remuneration for the use of his works.
- Doing the best I can, in my judgment the right sum for damages in this case is £10,000.
Interest
- Mr Hoffman seeks interest at 8% per annum. He submits that it should run from 1st July 2006, being the midway point in the date range of the infringements. I agree that the date of 1st July 2006 is an appropriate date from which to derive interest but 8% is too high.
- The Bank of England base rate in the period from 2006 to today has varied from 5.75% in July 2007 to 0.5% today. I take 3% as a fair single rate to reflect the changes over the period. I will award 1% on top of that, making a single interest rate of 4% for the period. I will apply a daily rate of £2.19.
- The interest due up to the date of this judgment (19th January 2012) will be £2,444.57 (= (184 x £2.19 in 2006) + 5 years x 4% of £10,000 + 19 x £2.19 in 2012)
Costs
- I will make an order for costs in Mr Hoffman's favour. I will direct that a summary assessment of those costs will be conducted in writing. Mr Hoffman should make any submissions on that within 21 days of the date of this judgment.
He seems like an affable enough guy.
Hang on a second, what are you on about? DARE are not "closed down."
They're also a thinly-disguised right-wing pressure group, founded by the police.
Explain?
Hang on a second, what are you on about? DARE are not "closed down."
4. On the 2nd November 2011 Neil Gibson of CB Associates Ltd, insolvency practitioners, wrote stating that he had been appointed joint liquidator of the defendant on 26th October and provided a copy of his report. He indicated that it is unlikely there will be a dividend to any class of creditor and confirmed that the company was unable to be represented due to the cost, that he had no objection to the court dealing with the claim on paper and that the defendant would be filing no further evidence in the matter.
Read the judgement you fat prick
1.The defendant is a charity that has operated since 1993 in schools to help young people understand the dangers of substance abuse and to provide them with life skills to tackle peer pressure in this regard
again read the first line of the judgement you fat bald prick
and can you stop following me around like a lost puppy - i've told you before, i'm not interested in you, you're not my type
I know you take exception to any organisation that tries to warn off the dangers of Class A drugs to kids, so yes they were clearly a reactionary organisation that needed to be shut down so that these barriers to kids's access to class a drugs can be smashed - but anyway, this is your last post on this thread, it's not the place for this here, so off you fuck fatso
Drug Abuse Resistance Education (UK) were a UK registered charity which closed down after going into liquidation on 26th October 2011
again read the first line of the judgement you fat bald prick
Yes the charity which closed down which you claim was:-These guys you mean?
"D.A.R.E. (UK)[19] is a national charity that operates across the UK. The program was originally delivered by Police Officers from the Ministry of Defence Police(MDP) to children who attended schools on Garrison estates or located near Garrison areas."
http://en.wikipedia.org/wiki/Drug_Abuse_Resistance_Education
Let's be quite clear now. This is the organization to which you refer, yes?