Дата: 26-10-19 12:53
Dear Sir or Madam,
I hereby notify you that I was entrusted to represent the legal interest of the photographer Noukka Signe Kuin, Stockholm in this specific matter. In my capacity as an attorney, I hereby verify that I am duly authorized to act in this matter.
In the name and on the authority of my client I must inform you of the following state of affairs:
My client was made aware by www.photoclaim.com that you have published a photograph taken by my client on the website.
With this act of publication, you have violated the copyrights of my client.
The matter in dispute relates to the photograph reproduced in this letter which you are using in breach of the copyrights, with particular emphasis on the moral rights, of my client.
Your website has been secured to the extent necessary for use as evidence in court and will be produced by way of such evidence in the event that you should contest the claim.
No agency that my client works with confirmed a license purchase from your side. Should you have a valid license, please forward us the licensing agreement. Unfortunately you didn’t identify my client as the copyright owner as it would be due to an agreement.
With the publication of the photograph, you have acted in violation of the copyrights due to my client as the holder of the copyright, in particular, the right to make works publicly available pursuant to section 19 a UrhG. There can be no doubt that the photograph is a copyrighted work within the meaning of the Copyright Act.
You are not entitled to disseminate the photograph, as you have done in flagrant disregard of the copyrights and moral rights of my client. The appropriation of third-party photographs without the consent of the rights holder represents a violation of copyright law. At no time did my client agree to the publication of the contested photograph in its present form.
The deliberate act of incorporating the photograph into your website is sufficient reason for us to assert the contested use by you of the photograph in question. It has no bearing on the claims in the present matter whether the rights of my clients have been deliberately or merely accidentally violated. Instead, the sole focus of the present matter is on the fact that the photograph was used without consent in the manner described above....................... и т.н.