Britvic defends copyright claims over image

The drinks company denies the claims and awaits a hearing on the matter. Amanda and David Robinson, who run the glamping business, assert their rights over the photo, which was used to promote a contest without permission. 

Iain Connor, an Intellectual Property Partner at Michelmores, shared insights on the case, stating that “claims enforcing photographers' rights have been democratised by the small claims track of the UK's Intellectual Property Enterprise Court ('IPEC') which provides a low cost route to stop infringement and get damages.” Connor explained that online tools make locating infringing content easy, exposing users to significant risk. 

Britvic's defence revolves around questioning the Robinsons' ownership of the photo and arguing that they lacked the necessary authorisation for its use. Connor suggests that both defences are unlikely to succeed, noting that “it is impossible to see how Britvic has any chance of demonstrating that ‘claimant’s ‘authorisation’ was [not] required’; this is copyright 101.” He also pointed out that the claimants seem to seek compensation tied to their business loss rather than a standard licensing fee, complicating Britvic's defence strategy regarding the claim's amount. Ultimately, Connor believes Britvic will have to concede to some financial settlement with the Robinsons.