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Has publisher breached their licence?


Contemporary Dave
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I'm still a bit of a newbie to stock photography, so please forgive my ignorance.

 

I recently sold a portrait of Monty Python's Graham Chapman through Alamy, which Alamy stated the following licence: "Usage: Editorial, Editorial Website, 10 year, Worldwide, single article with archival right in perpituty" The image subsequently appeared online in an article by daily-choices.com. I recently did another image search and it appears the same website has published the same photo again in different articles. Some of the articles have identical or very similar wording, but different URL's and article titles. See here:

 

https://www.daily-choices.com/our-favorite-comedians-net-worth/29/?xcmg=1

https://www.daily-choices.com/celebrities-with-surprising-college-degrees/35/?xcmg=1

https://www.history-a2z.com/our-favorite-comedians-net-worth/29/?xcmg=1

 

Some have different domains, but looking at the design/layout, it's been done by the same people. See screengrab below.

 

Would the above be classed as a 'single article' - or have they breached the licence?

 

Any advice would be much appreciated.

 

chapman-screengrab.jpg

 

 

 

 

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Hello David,

Yes, it sounds like they may  be. You need to email:

contributors@alamy.com

but be aware that we have been advised the time for responses from Alamy during Covid-19 will be significantly longer than normal.

Steve

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On 25/05/2020 at 04:15, Contemporary Dave said:

I'm still a bit of a newbie to stock photography, so please forgive my ignorance.

 

I recently sold a portrait of Monty Python's Graham Chapman through Alamy, which Alamy stated the following licence: "Usage: Editorial, Editorial Website, 10 year, Worldwide, single article with archival right in perpituty" The image subsequently appeared online in an article by daily-choices.com. I recently did another image search and it appears the same website has published the same photo again in different articles. Some of the articles have identical or very similar wording, but different URL's and article titles. See here:

 

https://www.daily-choices.com/our-favorite-comedians-net-worth/29/?xcmg=1

https://www.daily-choices.com/celebrities-with-surprising-college-degrees/35/?xcmg=1

https://www.history-a2z.com/our-favorite-comedians-net-worth/29/?xcmg=1

 

Some have different domains, but looking at the design/layout, it's been done by the same people. See screengrab below.

 

Would the above be classed as a 'single article' - or have they breached the licence?

 

Any advice would be much appreciated.

 

chapman-screengrab.jpg

 

 

 

 

David,

 

Without knowing more about the client (publisher) I would say that the usage of your Chapman image is more than the usage that was licensed, but I am sure

you will be provided with reasons that it is not.  I have written a number of times about how the only problem that I have with Alamy is their broad license terms

and low fees, was much better several years ago. 

 

I have communicated with Alamy about my complaints.  With that in mind I have, BC (Before Coronavirus)  been removing some of my images

from Alamy.  Don't know what will happen AC (After Coronavirus), but right now there are, in my opinion, more important issues to worry about.

 

I would like to add that Alamy has always done a very good job of communicating with me,  That is why I have continued to be a contributor.

 

Chuck

Edited by Chuck Nacke
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I use Copytrack to monitor the usages, if something is unclear i open a case there what means the email the infringer and ask them to provide the license. So far this have worked pretty well for me.

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Update:

 

I contacted Alamy. They did say it was within the licence boundaries - apart from one, which I've received payment for ($3.00 whoopee!). I've since found 2 more possible infringements, which I've asked Alamy to look into.

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