"infringed my copyright" is way too calm and level headed of a charge
You should scream "piracy", "stealing jobs", and since they have a history of ignoring copyright and profiting from it, they need to be arrested, extradited and prosecuted as if they were murderers.
There is no authority that an infringement in these circumstances attracts four times the usual licence fee. To the contrary, the usual measure is what the reasonable cost of licensing would have been.
I find this hard to believe. If it's true, then the best course of action for any actor is to just screw the copyrights and use whatever the heck you want. For those copyright owners who catch you, you'd be out no more than if you'd paid them the standard fee up front. And for those who don't catch you, you've gotten a free ride.
Hypothetically, if I ever ran a business that accidentally infringed a copyright, I'd be happy to settle for £1500 (roughly $2350 as of today). Suppose my attorneys cost a meager $250/hour. In less than ten billable attorney hours, I've burned through the cost of the proposed settlement. In those ten hours, my attorneys probably haven't been able to make the problem go away. So now I'm out the amount of the settlement, and I still have to somehow resolve the original claim. I'd think it much better just to cut the check (after a 15-minute conversation with counsel, of course).
In-house counsel (which I assume they have) is getting paid a salary regardless of whether or not they are busy, so I doubt there was a billable cost to deciding on their offer internally at Sky News..
I can't see Sky's lawyers taking very long to settle out of court, £1500 is a miserly sum compared to what the lawyers will cost them in the first place! Sky took his copyrighted video and broadcast it to the world et al., everyone could have recorded it and might be watching it back repeatedly at their leisure, removing any chance of Mr Eden ever monetizing it (at least that's what his lawyers should say!).
Interesting note: would this be a single copyright breach, or would it have been breached for every person who 'illegally' received (their terminolgy: stole) it?
everyone could have recorded it and might be watching it back repeatedly at their leisure, removing any chance of Mr Eden ever monetizing it
Technically those some members of the public could have done that from the original video on YouTube too. The overall point is valid, but that's not the issue to assert.
And no, it would only be a single copyright breach because (to use your terminology) each person who 'illegally received' the video didn't steal it individually.
The most galling line in the response from their lawyers is:
"May I also stress that when you are relating this issue to third parties on whatever platform I would consider it unfair if you did not relay the fact that we immediately acknowledged your copyright and sought to bring redress."
The implication being that when discussing being wronged, you must for represent the other party's perspective as well. Is that something we can ask of Sky as well?
I'm not a lawyer, but judging from the wikipedia article, it seems unlikely. This isn't a video of an "event", it's a video describing an event. Sky could have perfectly well made their own video.
Photographs are excluded, however; Cornish, Llewelyn and
Aplin write that this is "in order to preserve the full
value of holding a unique visual record of some person
or event".
I don't think using media created ad-hoc to show how something works is fair use. It's like Fox News showing footage from National Geographic (without paying)
Yes, but are they person enough to be subject to three strikes laws that some members of the EU have? It seems like it should put them at risk. I believe this is what GP is referring to.
You should scream "piracy", "stealing jobs", and since they have a history of ignoring copyright and profiting from it, they need to be arrested, extradited and prosecuted as if they were murderers.