I got a Copyright Letter before the Claim notice. Please help!

How come? Mine is a Documentary Feature which is based on News Reporting all around the Globe. Moreover, The footage was not included in the completed feature. It was just included in the Trailer and a Trailer does not form a Commercial Ground

The "Best Part" of this claim is:
The Claim and the emails are from the Claimant and not a 'Lawyer'

 

Read the link I posted.
Did you credit the source for what you used?

 

No i didn't credit the Source in the Trailer, But i Credited the Source in the Finished work (Though i never used the Footage in the finished work)

 

Then your defence of 'fair use' fails.

 

This is a prime example of why it's always wise to obtain permissions before using anyone else's work. When it comes to books, it is considered "fair use" if you quote another author and then cite the source of that quote in your bibliography at the back of the book. Not sure if film is a bit different. Sounds like it might be.

Not good!

 

Hi there. I hope you were helped. But please do not take legal advice from anyone (even here on the forum) but a lawyer. First he does have proof that you used the footage. However he must proof the damages amounted to whatever amount and etc. Always remember the accuser must prove that You are guilty with evidence. Never ever say sorry I did this or that even if you used their footage, do not say anything (this will be admission of guilt). Please stop contacting the accuser and do it through your lawyer. Let your lawyer handle your case. Before you dig yourself deeper into hole you cannot get out off.

 

If this individual is talking to you directly, they are just not serious enough, and I'd just ignore him.

When they are serious, they will give you copyright strike on Youtube right away, and/or take that video you uploaded down instantly. Then YouTube either asks you to provide legal contact details, or shuts down your channel. If they push beyond that, then it becomes serious. Up til then its just posturing and irrelevant.

For any sort of damages to come into play, they need to actually sue you. They can sue you in UK, and you have to be served/notified by the UK court then to either show up in person, have someone show up on your behalf (solicitor usually), or give them certified documents proving your defense/contesting claims made against you. All of those work and I have defended myself, and won, in countries other than one I reside.

Now, if you lose in UK, its still not as serious as one might think. This is not criminal proceeding but just civil one. Whether you have no money or are Indian billionaire is irrelevant. You can appeal if you wish. Tie them up in courts for decades.

To actually collect against you, they need to get Indian court to uphold judgment decided in UK court. Then, they need to get Indian authorities to collect from you. Depending on where exactly in India you live, that is a part where you could begin to worry (before it gets to Indian court, I would not lose any sleep), or just shrug and laugh.

Realistically, most serious consequences you can expect are ban from AdSense/YouTube.

Other than that, you are 100% guilty, do not understand Fair Use/Fair Dealing at all, and they should probably spank you in India, but oh well, life goes on.

 

750,000 UK pounds just for copying 19 seconds of footage. My god, I can make a series of animated movies in this amount.