Maximum penalties for libel and copywrite infringement?
Maximum penalties for libel and copywrite infringement?
Author
Discussion

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
Quick question I need answered to put into a cease and desist letter to a weirdo.

Kind Regards
Dave smile

Parrot of Doom

23,075 posts

258 months

Tuesday 24th February 2009
quotequote all
That isn't a question that can be answered quickly.

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
Parrot of Doom said:
That isn't a question that can be answered quickly.
Ok... let me know what information you need smile

metro lover

553 posts

211 months

Tuesday 24th February 2009
quotequote all
your names dave?

Sheriff JWPepper

3,851 posts

228 months

Tuesday 24th February 2009
quotequote all
KingRichard said:
Parrot of Doom said:
That isn't a question that can be answered quickly.
Ok... let me know what information you need smile
Your bank account details and sort code. biglaugh

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
metro lover said:
your names dave?
Yep...

LeeThePeople

1,302 posts

207 months

Tuesday 24th February 2009
quotequote all
Depends on revenue you could lose through copywright, if you can prove your going to lose £10million in record sales because someone ripped off your songs then its worth a lorra lorra dosh.

Both are civil disputes though.

Edited by LeeThePeople on Tuesday 24th February 17:00

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
Guys, while I'm all for dicking around generally, I kinda need to know the answer on this one. Cheers thumbup

metro lover

553 posts

211 months

Tuesday 24th February 2009
quotequote all
KingRichard said:
metro lover said:
your names dave?
Yep...
Hi dave

Hope that helped

marshalla

15,902 posts

225 months

Tuesday 24th February 2009
quotequote all
for a start - copyRIGHT as in the right to copy.

Then : http://www.facetpublishing.co.uk/kwtlgazette050908...
and
http://www.out-law.com/page-9341



KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
marshalla said:
for a start - copyRIGHT as in the right to copy.

Then : http://www.facetpublishing.co.uk/kwtlgazette050908...
and
http://www.out-law.com/page-9341
Thank you. Been googling and there doesn't seem to be any definitive penalties or minimum fines etc.

How would you word it in a letter outlining the possible repurcussions of continued libelous and dafamatory comments against your company?


Orb the Impaler

1,881 posts

214 months

Tuesday 24th February 2009
quotequote all
KingRichard said:
How would you word it in a letter outlining the possible repurcussions of continued libelous and dafamatory comments against your company?
st! You're not that Mercedes "specialist" from Whitworth who fked Mrs Orb(s) car up are you? yikes I would have thought it was more likely you'd have sent the boys round tbh

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
Orb the Impaler said:
KingRichard said:
How would you word it in a letter outlining the possible repurcussions of continued libelous and dafamatory comments against your company?
st! You're not that Mercedes "specialist" from Whitworth who fked Mrs Orb(s) car up are you? yikes I would have thought it was more likely you'd have sent the boys round tbh
Erm no... Just got a weirdo giving us hassle on facebook - our customers have created loads of groups about us because they love us, and this nutter is emailing all the members stating that we are uninsured and operating illegally. I'd like to shut the nutter up to be honest.

Orb the Impaler

1,881 posts

214 months

Tuesday 24th February 2009
quotequote all
KingRichard said:
This nutter is emailing all the members stating that we are uninsured and operating illegally. I'd like to shut the nutter up to be honest.
<serious mode> Well that's not funny and I hope you get him sorted out.

If it proves impossible to get him to stop by such means you could always fight fire with fire annd start a group (or get somebody else) or two mentioning their preference for goats/sheep etc wink

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
Orb the Impaler said:
KingRichard said:
This nutter is emailing all the members stating that we are uninsured and operating illegally. I'd like to shut the nutter up to be honest.
<serious mode> Well that's not funny and I hope you get him sorted out.

If it proves impossible to get him to stop by such means you could always fight fire with fire annd start a group (or get somebody else) or two mentioning their preference for goats/sheep etc wink
It's a bird... rolleyes

Well, alledgedly hehe

Brown and Boris

11,838 posts

259 months

Tuesday 24th February 2009
quotequote all
Had this debate recently. We took legal advice and were warned about the danger of 'passing off' but the people we were possibly passing off were a not for profit, non income raising organisation. I think the crux was there was a danger that a cease and desist would cost us not in damages as they had nothing to ose, but in the damage to our own marketing as we had paid money to use a name we might have to suspebnd while it was sorted.

I am not a lawyer but I think you have to show losses/damage.

johnfm

13,746 posts

274 months

Tuesday 24th February 2009
quotequote all
there won't be a maximum or minumum. You would be suing for damages in a civil procedure. First stop after writing a cease and desist letter etc would be an injunction I expect.

Then he/she would piss the court off if they breached the injunction.

They may not be worth suing (if they are skint, for example).

Ring a half decent commercial law firm.

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
Brown and Boris said:
Had this debate recently. We took legal advice and were warned about the danger of 'passing off' but the people we were possibly passing off were a not for profit, non income raising organisation. I think the crux was there was a danger that a cease and desist would cost us not in damages as they had nothing to ose, but in the damage to our own marketing as we had paid money to use a name we might have to suspebnd while it was sorted.

I am not a lawyer but I think you have to show losses/damage.
Ok, I can demonstrate that through a halt in growth this month. Nothing to suggest it is through anything other than these allegations, your honour smile

Is there anything I should put in a request to cease her actions. I've written this so far (work in progress)

'Dear xxxx,

I have been advised by my Solicitor to issue you with a request to cease and desist (that means stop) your libelous remarks regarding [our company], and to immediately remove and destroy any copies of photographs that you do not legally own the copywright to.

As I am sure you are aware, Facebook communication are both date and time recorded. However, you will also receive a similar instruction in writing, to your home address at xxxx.

Kent Police and Trading Standards have been notified, with copies of all communication pertaining to past communications made available to them.

If you choose to ignore the instruction to stop your actions immediately, [our company] will have no option but to press charges against you.

I have been advised that an individual can currently be imprisoned for up to two years if found guilty of online copywright infringement with a maximum fine of £5,000. This is currently under review and may increase to 10 years and £50,000.'

Need a bit in there about the libel, and any other comments welcomed. smile

KingRichard

Original Poster:

10,146 posts

256 months

Tuesday 24th February 2009
quotequote all
I was advised by our licencing officer to notify trading standards in case it is linked to a competitor (he is an ex copper). Just in case you thought that bit was irrelevent smile

sam.r

2,379 posts

252 months

Tuesday 24th February 2009
quotequote all
Can you not report them to facebook?

Unless they are getting to you other ways too?