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The Yell ones have to have it permitted by the licence, they're bought by Yell for that purpose. The newspaper ones don't have to, and we've been assuming they don't but we may be wrong. It would be nice to have a correct and comprehensive answer so the OP knows wheter he can sue Yahoo (and the Telegraph) for infringement or whether he can't. It's not a complicated or expensive process nowadays.

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The Plot Thickens!

 

Just had this from the Telegraph

 

Dear Mr. Cook, 

 
Thank you for your email regarding usage of you images. I have checked this back internally with the relevant team and would suggest that you contact Alamy directly in the first instance regarding this issue. Our contract and terms are agreed with them directly for onward distribution. 
 
With kind regards,
 
Sophie 
 
 
So Alamy say they can't get involved as it's lifted, Yahoo say The Telegraph supplied the Story and Picture, and the Telegraph say their Terms with Alamy cover it
 
 
What a state this industry is in!
 
All I know is I got $3 after commision, with a License described in my Sales History as "One use in a single editorial or advertorial article used within web versions of titles from the same group. Digital usage includes archive rights for the lifetime of the article"

 

Just to reiterate, the picture is offered as RM on alamy, and hosted on a Yahoo domain, not the Telegraphs in the context of Yahoo's use

 

https://uk.news.yahoo.com/sy/ny/api/res/1.2/AhOSyU9VqVWXjsRDp.zOtQ--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9ODAw/http://media.zenfs.com/en-GB/homerun/the_telegraph_818/55573eb84e7f8df6afa8740655605bcd

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We need a statement from Alamy as to whether they allow onward syndication by licencees, and under what circumstances. I suspect if they do that will be a serious problem for many, perhaps most, professional contributors. If Alamy are allowing syndication then they are cannibalising their own income, and ours! The whole point of stock is shoot once, licence many; not licence once publish freely.

 

Alamy, can we have an urgent official statement please!

 

BTW I would bet that The Daily Telegraph is making money from syndication to Yahoo, and others!

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Just in from Alamy

 

Hi Rob
 
Apologies for the confusion.
 
We have spoken with the Telegraphs account manager and they have confirmed that as the use on the Yahoo website clearly links back to the Telegraph then it is included within the license.
 
If there was no link back to the original article then it would be an infringement.
 
Thanks,
 
 
The second use is clearly on a Yahoo domain
 
 
and the image is hosted on a Yahoo domain
 
 
​Not linked back to the original Telegraph story in any way
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Just in from Alamy

 

Hi Rob
 
Apologies for the confusion.
 
We have spoken with the Telegraphs account manager and they have confirmed that as the use on the Yahoo website clearly links back to the Telegraph then it is included within the license.
 
If there was no link back to the original article then it would be an infringement.
 
Thanks,
 
 
The second use is clearly on a Yahoo domain
 
 
and the image is hosted on a Yahoo domain
 
 
​Not linked back to the original Telegraph story in any way

 

 

So by their own definition it is an infringement..... ^_^

 

Phil

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Rob,

 

BTDT, and still have an infringement outstanding with Yahoo.

It is sad and if you can I would strongly recommend talking with

a good lawyer.  It will not an easy go and you will need to make

a solid case.  I also do not know about UK copyright law.

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Rob,

 

BTDT, and still have an infringement outstanding with Yahoo.

It is sad and if you can I would strongly recommend talking with

a good lawyer.  It will not an easy go and you will need to make

a solid case.  I also do not know about UK copyright law.

We have a small claims process for copyright. It's pretty straightforward. If YP can get Alamy to say that the licence doesn't include syndication to Yahoo, it's pretty much a slam-dunk AFAICS, probably against the Telegraph AND Yahoo.

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We don't have copyright registration here, so no statutory damages, but small claims goes up to £10,000 and of course legal fees can't be claimed. 

My point is, assuming there is a breach of the licence, OP can make a claim in the high hundreds to which there is no defence in law. No company will go to court just to argue the level of damages if they can't get their legal costs back. They will settle.

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Forgive my ignorance on these matters but I have just had a photo published on the BBC web site for which I have yet to see any acknowledgement in Alamy

 

http://www.bbc.com/travel/story/20170317-living-in-h-ch-minh-city

 

Credit is kevinhellon/alamy

 

I have also noticed that the same article and photos are also published as below

 

http://www.todayevery.com/share/ByljibpHhe?hint=20170317-living-in-h-ch-minh-city/story

 

http://ysaustralia.com/articles/1836

 

http://asean.dla.go.th/public/knowledgeArticle.do?cmd=article&category=4&nid=107&lang=en&random=1490595409856

 

http://ceylon-ananda.com/though-many-travellers-might-be-shocked-the-first-time-they-visit-vietnams-chaotic-biggest-city-ho-chi-minh-city-is-beloved-by-residents-as-a-place-of-surprising-calm-and-order/

 

What can I expect from Alamy when notification of a sale comes through?

 

The photo license is rights managed.

 

The list of sites also appears to be growing!

 

Kevin

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