Do you think your illustration has been copied without your permission? Or your commissioner used your illustration for more than you agreed and is now refusing to pay you?
The AOI has created a new fund, which means we can put our money where our mouth is, and help members fight back.
We imagine that the new fund will allow us to support members who use the small claims track of the Intellectual Property Enterprise Court (IPEC) to enforce their rights.
The IPEC small claims track is designed to allow claimants to bring a claim without a lawyer representing them. The process is fairly flexible and suitable for claims with a value of up to £10,000. You can read about the court, and how to make a claim here.
We will be able to offer financial and practical guidance through the process. Please note that this is not legal aid and we do not offer qualified legal advice. Funds that we provide will be repayable if the claim is successful.
If you have a claim please email us with the following information;
- A short summary of what the claim you wish to make is about.
- chronology and documents relating to your claim (e.g. contracts, correspondence and images)
- How much compensation you are looking for (Please note that if you claim that somebody has used your image without your permission the usual basis is the licence fee you would have negotiated if they approached you for the use of the image).
- If you are seeking any other remedy, e.g. take down of the image.
- What you have done to resolve the situation to avoid a court claim, e.g. correspondence, notes of conversations on the phone with dates.
Please note that we are not able to support all claims and the decision to support will be at the sole discretion of the AOI.
Fighting Fund Conditions
- The AOI will only support claims which in our opinion will have a reasonable chance of success. This decision will be the AOI’s and will be final. We will not have to disclose to you how we arrived at this decision or any internal correspondence about this decision.
- Subject to your entering into a funding agreement, the AOI will fund up to 70% of the claim and hearing fee. This will be repayable should the claim be successful.
- The illustrator will be liable for any other costs including but not limited to professional legal fees, loss of profit or time or an award of costs payable to the other party incurred as a result of losing the case. The AOI will only be liable to pay the court fee and hearing fee as specified in para 2 in relation to your entering into a funding agreement.
- The AOI does not offer professional legal advice but practical guidance on steps you need to take to bring your claim to court and follow the court proceedings. It will also provide information as relevant from an industry point of view.
- The applicant will make their claim in their own name, freely, and takes full responsibility and is liable for any outcome, positive or negative, directly or indirectly related to the claim.
- The Applicant will undertake all necessary steps to comply with IPEC procedure requirements to ensure the case progresses smoothly and without delay.
- The applicant must seek to reach an amicable settlement without entering or continuing formal proceedings to the extent this is reasonably possible and be able to demonstrate that they have met IPEC requirements in relation to alternative dispute resolution.