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I have just received the following communication from the Alamy legal team: 

 

Hi Michael,

 

We’ve heard from one of our distributors as they have been contacted by lawyers on behalf of Beitar Jerusalem Football Club concerning an image of their registered trademark available in your collection.

 

P24XCT / Football Flag

 

They say the use of the club’s trademark and making available for licensing in this way is not authorized and have asked for the image to be withdrawn, which we have done while we investigate.

 

If you believe you hold permission from the club to license images of their design on their behalf and wish to discuss keeping this on sale let us know and we can put the club’s representatives in touch with you to discuss further.

 

Kind regards

 

Dan

 

Alamy Copyright Team

 

This is the offending image.  Any comments or guidelines.

 

P24XCT.jpg

 

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You have to accept what has happened, simple as that.  No point fighting with the hand that feeds you...

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As Andy says, we're stuffed when this happens, the consolation is the club have had to pay a lawyer to make themselves look petty. 

 

Cheers.

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Agreed, there's nothing to fight. I was just really amused at the petty approach to an image that has no commercial value to anyone in terms of trademark copying. The image was marketed clearly as editorial only.

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10 minutes ago, Futterwithtrees said:

Agreed, there's nothing to fight. I was just really amused at the petty approach to an image that has no commercial value to anyone in terms of trademark copying. The image was marketed clearly as editorial only.

It's happened to me a few times and it seems the bigger the company the pettier they are....

At the end of the day it's not worth the trouble to argue. They lose some potential publicity and we lose the price of a coffee😁

Phil

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Something similar happened to us with a particular flag. The annoying thing was that it was our best selling image and had been licensed many times.

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2 hours ago, Futterwithtrees said:

I have just received the following communication from the Alamy legal team: 

 

Hi Michael,

 

We’ve heard from one of our distributors as they have been contacted by lawyers on behalf of Beitar Jerusalem Football Club concerning an image of their registered trademark available in your collection.

 

P24XCT / Football Flag

 

They say the use of the club’s trademark and making available for licensing in this way is not authorized and have asked for the image to be withdrawn, which we have done while we investigate.

 

If you believe you hold permission from the club to license images of their design on their behalf and wish to discuss keeping this on sale let us know and we can put the club’s representatives in touch with you to discuss further.

 

Kind regards

 

Dan

 

Alamy Copyright Team

 

This is the offending image.  Any comments or guidelines.

 

P24XCT.jpg

 

 

Here is another thought. Did you have to crop the image to achieve the pic above?

If so you could upload the original uncropped image as that part would be incidental inclusion within the original image.

 

Allan

 

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2 hours ago, Futterwithtrees said:

If you believe you hold permission from the club to license images of their design on their behalf and wish to discuss keeping this on sale let us know and we can put the club’s representatives in touch with you to discuss further.

I'm getting a bit cheesed off with this disingenuous line. They know perfectly well that we haven't or they wouldn't be taking them down.

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Just now, Allan Bell said:

 

Here is another thought. Did you have to crop the image to achieve the pic above?

If so you could upload the original uncropped image as that part would be incidental inclusion within the original image.

 

Allan

 

Doesn't matter. It's not an infringement but we don't get a chance to argue it. Alamy has absolute discretion as per contract and always takes the line of least resistance.

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19 minutes ago, spacecadet said:

Doesn't matter. It's not an infringement but we don't get a chance to argue it. Alamy has absolute discretion as per contract and always takes the line of least resistance.

 

Yes Mark I realise it is not an infringement. The point I was trying to make is I have, and I am sure most of us have, images with logos and other trademarks within images we have taken but they are incidental to the subject of the image which we have loaded onto alamy servers. Alamy is not asking us to remove those types of image. YET.🤨

 

Allan

 

PS:- Just another 4,104 posts and I will be "Part of the Furniture" again.

 

ITMA

 

Edited by Allan Bell
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1 hour ago, Allan Bell said:

 

Here is another thought. Did you have to crop the image to achieve the pic above?

If so you could upload the original uncropped image as that part would be incidental inclusion within the original image.

 

Allan

 

Nice suggestion Allan but that was the original uncropped image.

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2 hours ago, Allan Bell said:

 

Here is another thought. Did you have to crop the image to achieve the pic above?

If so you could upload the original uncropped image as that part would be incidental inclusion within the original image.

 

Allan

 

 

I was thinking the same thing. How small does the flag need to be in a larger view of the surroundings to be ok?

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I would just keep the pictures which contain the flag outside the shop and let a buyer choose to crop that image if they need a bigger flag.
The problem might be if you had the image available for print/personal use download etc... as someone might print it onto a tee shirt (very unlikely) and deprive them of a sale.
I wouldn't sweat it for a single image.
Let it go.

 

Edited by mickfly

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17 hours ago, spacecadet said:

I'm getting a bit cheesed off with this disingenuous line. They know perfectly well that we haven't or they wouldn't be taking them down.

 

To be fair, we don't know - we take the image(s) down whilst under review and re-instate if the contributor can provide proof of permission, which does happen in some cases. This is about giving the contributor the opportunity to respond in the appropriate way. 

 

We're able to, and do, defend against many of the complaints we receive that are baseless without even contacting the contributors involved. 

 

Alamy

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Fair enough. .

Just seems one-sided most of the time.

I'm sure we all appreciate the reply.

 

Edited by spacecadet

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