Compensatory damages
14.In relation to the calculation of compensatory damages, Mr Price argued that the District Judge had failed to take into account the different acts of infringement committed by Mr Bowen, each of which should have given rise to compensation. He referred to copying by downloading, storing, cropping the Photograph, uploading and displaying it to the public. I reject this criticism. While it is true to say that there were several acts of infringement, these did not require separate calculations of damage, to be totalled the end. The question at issue was the damage suffered by Media from all the acts of infringement taken together with a substantial overlap in damage on the present facts. 15.to him several alternative comparable rates for the use of photographs of Dylan Thomas. He selected three, which he regarded as the closest, and reduced the fees charged in relation to those by reference to the period during which the Photograph was appeared on the website for holiday cottages. 16.There seems to have been some confusion about that period. The judgment states (at paragraph 10) that it appeared on the website from about 18 September 2014 until 3 January 2015, a period of a little over 15 weeks. Elsewhere, it is said that infringement was for a duration of 17 days (paragraph 27). In the Grounds of Appeal drafted by Mr Price he said that the photograph was on the website from 18 December 2014 and that Mr Bowen copied the photograph before July 2015. 17.I will take Mr Price’s date of 18 December 2014 for first use of the Photograph on the website to be correct. It was not in doubt that Mr Bowen removed the Photograph promptly from the website as soon as he received Mr Price’s complaint. Mr Price did not dispute 3 January 2015 as the date on which this happened – which makes the relevant period 17 days – and this period was not challenged by Mr Price at the hearing of the appeal. 18.The District Judge seems to have assumed that the parties would have negotiated payment by reference to the time during which the Photograph appeared on the website. I see no reference to anything that would contradict such an assumption. It is supported by the fact that Mr Price was keen to have the Photograph removed from the website when he made his initial complaint. Mr Bowen may or may not have retained a copy of the Photograph away from public display and if so, this does not seem to be Media’s primary concern. 19.In my view the District Judge correctly applied the law by reference to comparables and arrived at a figure for damages without any error of principle.