24. 03. 2014

LAWYERS RESPONSIBLE FOR SWAMPING COURTS WITH PHOTO LAWSUITS

24. 03. 2014 (Mondo) - Because of the infringement of copyright work lawyers seek as much as 1,000 EUR per a single image made by photographers. Of that amount, more than 50 percent belongs to them, and a smaller part to the author.

Lawsuits for "unauthorized downloading of photographs" have became a hit among Serbian lawyers , daily "Kurir" reports.

For the infringement of copyright lawyers seek, on the behalf of clients, as much as 1,000 EUR per photograph and take 50 percent from the collected sum. The problem arises if the reporters attempt to settle out of court with those who downloaded the photograph. This is the case of a photojournalist D.M.

"I wanted to withdraw the lawsuit and have an internet site pay me for the unauthorized use of my photograph. However, when I talked with the lawyer, he told me that if I withdraw the lawsuit I would have to pay him 40,000 dinars because this is specified in the contract that I signed with him, though it is not according to the lawyer's tariff. I did not have the money, so I had to continue the lawsuit in which I sought, at the advice of the lawyer, 100,000 dinars for the nonpecuniary costs. Out of that amount I would receive 50,000 and the rest to the lawyer," said the interviewed photographer.

D.M. claims that some law offices organize courses for photographers where they instruct them how to sue the media.

"I participated in one such course, which I stumbled upon on the Internet. It was organized on 31 May of last year a by legal trainee Čivtelić. Special emphasis was given to the protection of copyright works published on the Internet. Following that lecture, we realized that this business is worthwhile for photographers because one picture in court can make 500 EUR, while regularly it cannot be sold for more than 100 EUR, so many of us wish that someone takes our photograph because often the case is immediately taken to court without warning", says photojournalist D.M, who claims that due to good earnings the courts are swamped with lawsuits by photographers.

His claims are confirmed by the Court of Appeal judge Dragica Popesku, PhD.

"For a work that could be sold for 100 EUR at most, the author is asking 500 EUR and much more for nonpecuniary damage i.e. emotional pain, which is why it is important to determine whether such damage exists at all. Often they do not know what emotional pain they have suffered, but they still increase the value of the work at least threefold. When you ask them why they seek a specific amount, it turns out that they have been advised by a lawyer to do so," says Popesku.

On the other hand, the above mentioned legal trainee Andreja Čivtelić, who in recent years has been engaged in defending copyright, claims the opposite.

"The fee for a photograph is determined by the price defined by the Association of Applied Artists and Designers of Serbia (ULUPUDUS). Regarding nonpecuniary damage, it is defined based on the request of the author" claims Čivtelić.

He says that it is not true that lawsuits are immediately launched without warning.

"That is not true, as it is not true that lawyers force clients to go to court or ask for money if a deal is made with the media. One can only claim settlement costs," said Čivtelić, who declined to answer whether he organized courses on copyright protection.

Lawyer Ivan Janković explained what lawyers are allowed and not allowed to do.

"A lawyer must not ask the client under duress to continue with court proceedings, especially not for his own benefit. In other words, all that is sought from clients outside the attorneys' tariff can be treated as an illegal act and in some cases, even as extortion. On the other hand, if a law offices organize courses for photojournalists, this can be treated as a marketing activity, which is forbidden for lawyers", said Janković.