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It's starting to look like it will need a coordinated pressure effort.  Let's see if there is a tourist board and chamber of commerce for Bray shall we?  Maybe a few emails in that direction pointing out how blatant theft from professional photographers really is not a good look for the town.

I did put a link to the local paper up - remind them that if something is true it cannot be libel.  

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OK we have
 

http://www.bray.ie/chamber-of-commerce/  - recommend polite email asking for help contacting said Barry and what it is about.

 

http://www.bray.ie/bray-tourist-office/ _  recommend polite email regards appearances of towns integrity when photos stolen
 

http://www.bray.ie/ -recommend a combination of above 2 approaches.  These are all the same site - it may be one person fields all three or they may be different departments.  In the first case there is going to be a very grumpy council person phoning Barry and giving him an earful.  In the second case there are going to be a flood of calls to Barry - which will probably continue when each department finds out other departments have got the same complaint.    All this will of course be done unofficially - you will be politely told sorry not our problem but they will phone him and blast him the second they hang up on you - people do not like having to deal with other peoples crap.

https://www.yelp.co.uk/search?cflt=lawyers&find_loc=Bray%2C+Co.+Wicklow - Worth emailing a competitor in the town querying cost for action.

 

https://www.lawsociety.ie/Find-a-Solicitor/Negligence-Panel/ - I know you have already had dealings with the law society but do not know if this is a different section - it is sometimes worth approaching a different section.

 

https://twitter.com/BrayTCouncil  - Now for the coordinated bit if above emails do not work I suggest all of us with Twitter accounts start tweeting to these accounts  

http://wicklownews.net/ 

https://twitter.com/Wicklow_News 

This may have to be a drip drip drip campaign but the wonder of social media is while we may not be able to parade up and down outside the offices with placards we can sure as hell parade on twitter - # everything with his name, location and dodgy solicitor.  It is likely to result in a desire to shut us up - and the only way they can do that is to force him to behave.

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28 minutes ago, Starsphinx said:

It's starting to look like it will need a coordinated pressure effort.  Let's see if there is a tourist board and chamber of commerce for Bray shall we?  Maybe a few emails in that direction pointing out how blatant theft from professional photographers really is not a good look for the town.

I did put a link to the local paper up - remind them that if something is true it cannot be libel.  

At this point, I did say I required to be paid by next Friday 22nd, so I guess I have to hold fire until then.

However, after that, gloves will be off.

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1 minute ago, Cryptoprocta said:

At this point, I did say I required to be paid by next Friday 22nd, so I guess I have to hold fire until then.

However, after that, gloves will be off.

I am seeing if I can track down a local reporter - it can sometimes be useful to email a reporter direct rather than the newsdesk.  

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maybe phone from a mobile, whilst using a call recording app?

i use one and its handy to listen back to things.

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Posted (edited)

deborah.coleman@peoplenews.ie

It is probably worth dropping him an extra contact explaining the lengths you are prepared to go to if he does not cough up - explain that you will use social media to make sure everyone is aware of what has gone on.

Edited by Starsphinx
  • Upvote 1

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On 15/03/2019 at 18:26, Cryptoprocta said:

At this point, I did say I required to be paid by next Friday 22nd, so I guess I have to hold fire until then.

However, after that, gloves will be off.

 

So any news, or shall we restart our campaign again?

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7 hours ago, Tony said:

 

So any news, or shall we restart our campaign again?

He has neither paid nor contacted me in any way.

I emailled him last night saying I'd been very reasonable, considering I first found my image on his site in July 2018, and have written, emailled, and phoned several times, and that now there was a late fee of 100 Euros.

I also said if it wasn't paid by this Friday, 31st, I'd be taking it further, which could result in more costs being added to his bill.

Looks like he's just going to sit it out. I keep wondering if he knows something I don't.

I'm thinking about trying Pixsy. Anyone used them?

 

 

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Hi Liz thanks for the update.

 

Seems like he's is a very arrogant person.

 

If anyone else want to help Liz his email address:  bkenny@kennysullivan.ie

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Posted (edited)

Mr Barry Kenny

 

             I would be grateful if you could help me recover due royalties from a company that is using a stolen photograph without payment or a licence. I see from your website that you can assist...

 

We advise extensively on practical and legel (Legal) issues of a commercial nature,we are involved in the drafting and negotiation of a wide range of commercial agreements.

We work closely and efficiently with our clients to facilitate all their commercial needs..

We have extensive Experience in the following: Intellectual property

 

 

 SO WHY ARE YOU STILL USING SOMEONE ELSE'S INTELLECTUAL PROPERTY WITHOUT PAYMENT TO PROMOTE YOUR OWN BUSINESS???

 

  

A friend of Liz Leyden

 

 

Edited by Tony
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Posted (edited)
17 hours ago, Cryptoprocta said:

He has neither paid nor contacted me in any way.

I emailled him last night saying I'd been very reasonable, considering I first found my image on his site in July 2018, and have written, emailled, and phoned several times, and that now there was a late fee of 100 Euros.

I also said if it wasn't paid by this Friday, 31st, I'd be taking it further, which could result in more costs being added to his bill.

Looks like he's just going to sit it out. I keep wondering if he knows something I don't.

I'm thinking about trying Pixsy. Anyone used them?

 

 

I've been trying out Copytrack. So far no payouts - either they tell me it's a third party website or they consider its not worth pursuing furthervwhen they don’t get a response, but it is early days yet.  Others tell me they get regular payments.

Edited by Sally
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11 minutes ago, Sally said:

I've been trying out Copytrack. So far no payouts - either they tell me it's a third party website or they consider its not worth pursuing, but it is early days yet.  Others tell me they get regular payments.

So, is that just the same as Alamy (usually). Is a third party website one which has lifted an image from a legitimate buyer (or another illegitimate user)?

Luckily Pixsy has one free 'trial' image, (for which they take their share if they win, of course), so mine could be a good trial.

I've read good things about another service, but they require you to register your photos with US copyright, which is an unwarranted expense for us in the UK, as our copyright is legally ours in almost all situations, unless we sign it over in a work for hire or other specific contract. Also it would be irrelevant in this case. I've only known about one infringement in the US (actually, Pearl found it and reported it in the 'photos found' thread), and Alamy successfully chased that one up.

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12 hours ago, Tony said:

Mr Barry Kenny

 

             I would be grateful if you could help me recover due royalties from a company that is using a stolen photograph without payment or a licence. I see from your website that you can assist...

 

We advise extensively on practical and legel (Legal) issues of a commercial nature,we are involved in the drafting and negotiation of a wide range of commercial agreements.

We work closely and efficiently with our clients to facilitate all their commercial needs..

We have extensive Experience in the following: Intellectual property

 

 

 SO WHY ARE YOU STILL USING SOMEONE ELSE'S INTELLECTUAL PROPERTY WITHOUT PAYMENT TO PROMOTE YOUR OWN BUSINESS???

 

  

A friend of Liz Leyden

 

 

Nice.

I would send that to the press local to him and his chamber of commerce as well.

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Just wondering.....how much are you expecting to get for this usage if he does pay up?

 

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14 hours ago, Cryptoprocta said:

So, is that just the same as Alamy (usually). Is a third party website one which has lifted an image from a legitimate buyer (or another illegitimate user)?

Luckily Pixsy has one free 'trial' image, (for which they take their share if they win, of course), so mine could be a good trial.

I've read good things about another service, but they require you to register your photos with US copyright, which is an unwarranted expense for us in the UK, as our copyright is legally ours in almost all situations, unless we sign it over in a work for hire or other specific contract. Also it would be irrelevant in this case. I've only known about one infringement in the US (actually, Pearl found it and reported it in the 'photos found' thread), and Alamy successfully chased that one up.

Not quite the same as Alamy. Not restricted by countries for a start and don’t have to provide an email address. Their site does all the work searching, it’s free to use and unlimited uploads. I put all my news images in there as you never know where they end up when they are sent out, all images that have sold and all that have been zoomed. 

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Posted (edited)
1 hour ago, Thyrsis said:

Just wondering.....how much are you expecting to get for this usage if he does pay up?

 

As I said previously, I orginally asked for 60 Euros / £50, and have now added a 100 Euro late payment.

As I said before, and pointed out to him, it's an unreleased image which he shouldn't be using for his site anyway.

 

I've mentioned that some of my options would not be cost-effective. I'm sure he knows that and that's why he's holding out.

Edited by Cryptoprocta

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Has the picture been taken down?  I just had a look at the link and couldn't see it??

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Posted (edited)
29 minutes ago, kay said:

Has the picture been taken down?  I just had a look at the link and couldn't see it??

Wow, it was there on Sunday night for sure before I sent the email; I refreshed several times and checked on a clean browser.

Well, that's a response of sorts, and certainly shows he knows he was in the wrong, at last! (Unless that was his ISP whom I complained to).

I guess I just need to keep an eye on him and make sure he doesn't publish it again down the line. I doubt if pixsy would take it up in retrospect.

I'm sure some of the other pics still on his site are stock images (e.g. the slideshow on his home page, or clicking on each link on the 'Practice Areas' page), wonder if he licensed these?

 

Thanks Kay for pointing that out, and to all for your support.

Edited by Cryptoprocta
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22 hours ago, Tony said:

Mr Barry Kenny

 

             I would be grateful if you could help me recover due royalties from a company that is using a stolen photograph without payment or a licence. I see from your website that you can assist...

 

We advise extensively on practical and legel (Legal) issues of a commercial nature,we are involved in the drafting and negotiation of a wide range of commercial agreements.

We work closely and efficiently with our clients to facilitate all their commercial needs..

We have extensive Experience in the following: Intellectual property

 

 

 SO WHY ARE YOU STILL USING SOMEONE ELSE'S INTELLECTUAL PROPERTY WITHOUT PAYMENT TO PROMOTE YOUR OWN BUSINESS???

 

  

A friend of Liz Leyden

 

 

Maybe it was your email which did the trick. I just got my read-confirmation in:

Your message

To: Barry Kenny

Subject: Unpaid bill

Sent: Sunday, March 24, 2019 5:05:14 PM (UTC+00:00) Dublin, Edinburgh, Lisbon, London

was read on

Tuesday, March 26, 2019 7:06:08 PM (UTC+00:00) Dublin, Edinburgh, Lisbon, London.

But it seems he had already taken the photo down by then.

 

Thanks anyway.

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Hi Liz

 

I'm glad they have removed your image, but it dosn't stop there...

 

I hate thieves who use other people's work to promote themselves without payment.

 

Whilst Kenny Solicitors have now removed your work, (the pressure we put on them has clearly worked) they still owe you a royalty payment for using your image to promote their website.

 

Ask them to pay for a retrospective licence, using the Alamy calculator I think it should be around £1,360 plus your expenses.

 

Tony

 

 

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