Infringement for Breach of licence terms? Any successful cases

[meanderingemu]

Curious with the work of the new infringement team if anyone has seen cases pop up automatically for breach of terms...  In fact i wonder if this is even part of their mandates. Do they review the usages vs what was licensed?

 

 

Second part, if anyone has success story about reporting such cases which the Infringement team has then successfully pursued.  Rainy day yesterday (and still aftermath of Fiona) i found three licensed image where the usage does not seem to match the term:

• "Personal Usage" used by an organisation,
• "Presentation" used as marketing for an event, and
• Usage date is totally out of the licence terms by a full year. 

 

I have reported the first one already, but curious if there is any point to investigate these further. 

[hotbrightsky]

You've done the hard work so invoice the infringer yourself. That way you get the entire fee and not some insultingly small percentage.

[spacecadet]

8 minutes ago, hotbrightsky said:

You've done the hard work so invoice the infringer yourself. That way you get the entire fee and not some insultingly small percentage.

That's a breach of contract if Alamy haven't stopped trying to pursue. The contract reserves to Alamy the right to pursue infringements.

[hotbrightsky]

You're seriously expecting a result from Alamy? In future don't report the infringement to Alamy, just invoice the infringer. No breach of contract.

[meanderingemu]

27 minutes ago, hotbrightsky said:

You're seriously expecting a result from Alamy? In future don't report the infringement to Alamy, just invoice the infringer. No breach of contract.

Contacting Alamy clients is actually a  breach of agreement,  and considering I've already had 3 infringement payments so far this year,  yes i expect results from the team. 

[StanRohrer]

I just banked $120 (USA) for "Infringement revenue". No contact from Alamy to me over the infringement. The reported image appears out of date from a previous sale. So Alamy must have checked old sales and noted extended use beyond the agreement. Go Alamy!

[ribeiroantonio]

On 03/11/2022 at 06:54, StanRohrer said:

I just banked $120 (USA) for "Infringement revenue". No contact from Alamy to me over the infringement. The reported image appears out of date from a previous sale. So Alamy must have checked old sales and noted extended use beyond the agreement. Go Alamy!

How do you check for an infringement? I really don't know how to do it. Thanks.

[geogphotos]

10 hours ago, ribeiroantonio said:

How do you check for an infringement? I really don't know how to do it. Thanks.

 

If you have Alamy exclusive images they will do it for you. It is in your contract. 

 

You can use Google Images and match what you find with your Alamy licence details. Then inform Alamy.

 

If you have non-exclusive images you will have to do it yourself or use one of the services such as Pixsy or Visual Rights.

 

 

Edited November 4, 2022 by geogphotos

[Cryptoprocta]

In April, I reported an editorial file sold as PU, used commerically by a UK site.

On 12th July, Alamy said "We have been unable to get in a settlement for this unauthorised use, but now we are working with Copyright Protection Agencies in that country (sic), I've passed the case to them to see if they can win a settlement on our behalf.  "

Since then, not a jot from Alamy.  I'll give them a prod right now!

 

OTOH, I found an unreported use in a well known UK weekly publication (not a tabloid) and it went through not long after reporting it for >$53 gross, so well done in that case.

 

[Bryan]

For the first time last month I received an infringement payment from Alamy without my having any involvement. A very welcome development.

 

In the past I have trawled through zoomed images for possible unauthorised usage, but the returns weren't worth the effort.

[StanRohrer]

On 03/11/2022 at 22:59, ribeiroantonio said:

How do you check for an infringement? I really don't know how to do it. Thanks.

It magically showed up in my Balance Of Account as Other Income-Infringement Revenue [image id].

[spacecadet]

Just appeared- $360 gross for an infringement 😍 but unlike the previous one it's shown up in sales history, as a sale, with licence details, and hasn't immediately cleared. The previous one just appeared as a line item in balance of account with no commission.

Country: Worldwide
Usage: Commercial electronic
Media: Website, app and social media
Industry sector: General business services
Image Size: Any size
Start: 29 November 2022
Duration: In perpetuity Infringement.

I wonder if I should be putting this in my own records as a sale? It will rocket my averages up though.

Edited November 30, 2022 by spacecadet

[Steve F]

1 minute ago, spacecadet said:

I wonder if I should be putting this in my own records as a sale?

 

Good question. I initially thought you should record it separately, but actually, assuming you get multiple infringements, it is technically a source of income, so...

 

I'm also wondering if it's wrong to hope that someone is ripping me...

...infringing 😆

[spacecadet]

I've just tracked down a possible source for it. Now to ask if that's it, or another potential fee!

[spacecadet]

3 minutes ago, Steve F said:

 

Good question. I initially thought you should record it separately, but actually, assuming you get multiple infringements, it is technically a source of income, so...

 

I'm also wondering if it's wrong to hope that someone is ripping me...

...infringing 😆

Inclined to agree- I've put it down as a sale.

[Paul Thompson]

Just got one through, I do not recall advising Alamy of the infringement.

Nice to report something positive.

 

Country: Worldwide
Usage: Commercial electronic
Media: Website, app and social media
Industry sector: General business services
Image Size: Any size
Start: 29 December 2022
Duration: In perpetuity Infringement.

$ 377.82

[Ognyan Yosifov]

I just got an infringement payment for a few usages of the same photo, never being paid by a distributor in Europe. It took almost a year since the first usage, 6 months waiting time before reporting it, and another 6 months after that. At one point Alamy promised payment and it happened today. And it's great, thank you!!!

Edited January 30, 2023 by Ognyan Yosifov

[M.Chapman]

I've just had notification of a retrospective licence for infringement being invoiced, (gross $250, net $100). This is for an infringement that Alamy's infringement team must have found (i.e. not one that I reported).  Hopefully payment will clear.... I'll report it again if and when it does. Interestingly (or curiously), I can't find any usages of this image using any of the reverse image search engines, I'll check again in a few days time.

 

Country: Worldwide ;

Usage: Editorial ;

Media: Editorial website ;

Industry Sector: Media, design & publishing ;

Start: 30-January-2023 ; Duration: In perpetuity ; 
Additional Details: Infringement. Website use.

 

The image has only sold once previously for use in a puzzle.

 

Mark 

Edited January 30, 2023 by M.Chapman

[Ognyan Yosifov]

8 hours ago, M.Chapman said:

I've just had notification of a retrospective licence for infringement being invoiced, (gross $250, net $100). This is for an infringement that Alamy's infringement team must have found (i.e. not one that I reported).  Hopefully payment will clear.... I'll report it again if and when it does. Interestingly (or curiously), I can't find any usages of this image using any of the reverse image search engines, I'll check again in a few days time.

 

Country: Worldwide ;

Usage: Editorial ;

Media: Editorial website ;

Industry Sector: Media, design & publishing ;

Start: 30-January-2023 ; Duration: In perpetuity ; 
Additional Details: Infringement. Website use.

 

The image has only sold once previously for use in a puzzle.

 

Mark 

Same details and yesterday's date for my photo infringement payment for a few usages, the first one found a year ago. 

Edited January 31, 2023 by Ognyan Yosifov