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England and Wales Patents County Court
You are here: BAILII >> Databases >> England and Wales Patents County Court >> Sheldon v Daybrook House Promotions Ltd  EWPCC 26 (08 May 2013)
Cite as:  EWPCC 26
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7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| JASON SHELDON
|- and -
|DAYBROOK HOUSE PROMOTIONS LIMITED
Browne Jacobson for the Defendant
Crown Copyright ©
Judge Birss :
i) First Mr Sheldon produced what he called a "Quote pack" for national or regional advertising. Mr Sheldon produced a "quote pack" based on his own fotoQuote software and provided evidence of a range of quotations from other online photographic licence agencies: Getty Images, Retna and Rex Features. The lowest sum is £2,450 from Retna for 1 month's use of a generic non-exclusive photograph of a celebrity. There are a number of quotations in the range £6,000 - £9,000 for photographs of Rihanna or Harry Styles (of One Direction). These range from 1 to 12 months use and for regional or national advertising. Using his fotoQuote software Mr Sheldon produces a fee of £12,222.54 (ex VAT), which he believes would be increased by about 20% to £14,667.05 given the specific subject matter and characteristics of the image.
ii) Second Mr Sheldon produced a bespoke quotation, also using fotoQuote, based on the extent of the use of the image he had established. This produced a tighter range of figures than the "Quote pack" approach above. The lowest was £4,030 from Retna and the highest was £6,160 from Getty Images. Using his own fotoQuote software Mr Sheldon's figure was £4,735.31 which again he contended would be increased with a 20% mark up (see above) to £5,682.37.