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Copyright Claim Backfires

A photographer who tried to sue a company for unlicensed use of an image has had his claim rejected and his legal team has been handed a bill for $388,000 PDN reports.

In 2002 British photographer Kent Baker tried to sue picture frame company Urban Outfitters for $260,000 for unauthorised publication of one of his pictures.

The image in question had been used as an insert in a number of plastic frames that had been placed on sale.

During the hearing it was disclosed that the company had only made $3896 gross profit on the frames and had tried to settle out of court with Baker for $9,096, but he rejected the offer.

His claim was dismissed partly on the basis that it was “replete with rambling, irrelevant, unsupported assertions of fact and law.”

Afterwards Bakers legal team began proceedings against Urban’s lawyers for misconduct during the trial.

Baker & Co also lost the misconduct trial, and were ordered to reimburse Urban $19,270 in fees and costs incurred during the claim.

Urban Outfitter’s legal team then sued Baker and his lawyers to recover attorneys’ costs from the original infringement claim. The judge found in the company’s favour and criticised Baker & Co for being vexatious litigants.

The Judge awarded costs against Bakers legal team said to be around $388,000.

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