Without seeing the original agreement, it's impossible to say.
For instance, perhaps there was a cost spelled out for unauthorized publication, continued use, international publication, etc. Also, aside from the unauthorized continued use and international publication, the failure to give copyright attribution needs to be considered. If any of these costs or penalties were enumerated, then it's possible that the 3 million euros reflects that... we just don't know.
On the other hand, supposing that the agreement didn't address any of those things, how are we supposed to know whether or not it might be a reasonable amount of damages? Personally, it seems quite high... hard to imagine the photographer's losses and punitive damages amounting to that sum, but it's not out of the realm of possibilities.
Without knowing these things, it boils down to just what each of us feels is reasonable and I think the punitive damages should be substantial in order to discourage this sort of abuse. I know nothing about the law in that jurisdiction, but I would think that if it only compensates actual losses, then it would be terribly unfair to the damaged party. Having sought an attorney, it's assumed that his counsel feels there is at least some basis for the amount sought, or they'd have no leverage for negotiation.
And the hotel's offer is ridiculously low... as I'm sure their counsel realizes. No doubt, they'll meet somewhere in the middle. I'd guess something less than one million euros.
Slashdot Mirror
Without seeing the original agreement, it's impossible to say. For instance, perhaps there was a cost spelled out for unauthorized publication, continued use, international publication, etc. Also, aside from the unauthorized continued use and international publication, the failure to give copyright attribution needs to be considered. If any of these costs or penalties were enumerated, then it's possible that the 3 million euros reflects that... we just don't know. On the other hand, supposing that the agreement didn't address any of those things, how are we supposed to know whether or not it might be a reasonable amount of damages? Personally, it seems quite high... hard to imagine the photographer's losses and punitive damages amounting to that sum, but it's not out of the realm of possibilities. Without knowing these things, it boils down to just what each of us feels is reasonable and I think the punitive damages should be substantial in order to discourage this sort of abuse. I know nothing about the law in that jurisdiction, but I would think that if it only compensates actual losses, then it would be terribly unfair to the damaged party. Having sought an attorney, it's assumed that his counsel feels there is at least some basis for the amount sought, or they'd have no leverage for negotiation. And the hotel's offer is ridiculously low... as I'm sure their counsel realizes. No doubt, they'll meet somewhere in the middle. I'd guess something less than one million euros.