Liability for unjustified photo claims

Questioner

We were building a new website. This was offline. We were practicing and trying out the layout and structure. There were also a few practice photos on it that were once taken by a photographer. Not our style in terms of layout, so we didn't go into business with the man. Around New Year's Eve, the hosting was transferred to another party who then accidentally put the 'practice site' online. In the meantime, I became seriously ill and are trying to survive. Now I am held liable for the photos that were now online. Am I responsible for that? I had no idea. I only heard that the site was online through the photographer in question, who is now filing a hefty claim with me. Is this justified? The hosting company made the mistake of putting the practice site online, which they knew was not yet ready.

Lawyer

In principle you are responsible because you are the client. You say the photographer makes a high claim. How high is this claim and how long have the photos been online? There is a calculation module available and depending on whether the photographer is famous and in what context you placed the photos, negotiations can then take place. You then also have a claim on the hosting company, because they made a mistake that led to (consequential) damage. You could try to hold this company liable.

Questioner

The claim is 11,000 euros for 4 photos. We had verbally agreed that the photos would cost 35 euros each. However, we did not find his work beautiful and professional and since they were test photos, an invoice was never sent. When he sent them for assessment, we put them on the offline site for a while and came to the conclusion that it was not what we wanted.\ The photographer is not famous. The hosting company (an acquaintance of ours) was under the impression that, since the site was already half finished, he would make a basic information site with a few adjustments that would go online. That was meant in good faith and kindly. However, in the meantime I had become seriously ill and had to undergo a major operation, so this hosting friend thought he could help us with this. Our priority was somewhere else than the website after all. It is because the photographer said that the photos were online, otherwise we probably would not have found out yet. A coincidence. According to him, the 4 photos were online for 6 months, which corresponds to the transfer of hosting and the claim.

Lawyer

This is a very unusual and unreasonable claim for damages, about 1.5 times the photographer's fee might be a good starting point for compensation read more here http://blog.iusmentis.com/2008/07/25/het-boetebeding-bij-auteursrecht-claims/ It is therefore very important that you dispute the claim, if necessary with the help of a lawyer.