Infringement response

[Alex Ramsay]

As has happened a few times before, I've just received a pathetic email from a very small local business who stupidly lifted one of my Alamy pictures from a client's website, and have now been hit with a largish damages claim from CopyRight Agent on behalf of Alamy. They want to negotiate separately and have offered to pay half the penalty fee. I admit to feeling sorry for them - what would you do?

 

Alex

[Radim]

No Mercy

[Steve F]

Difficult. They probably didn't know what they were doing. Have they made much money from it?

 

On the other hand, surely everyone knows about copyright don't they? Maybe it was an intern, but still, someone more senior should have checked.

[Alex Ramsay]

4 minutes ago, Steve F said:

Difficult. They probably didn't know what they were doing. Have they made much money from it?

 

On the other hand, surely everyone knows about copyright don't they? Maybe it was an intern, but still, someone more senior should have checked.

Just a one man band, I think - small local business advertising a small local event

[Steve F]

21 minutes ago, Alex Ramsay said:

Just a one man band, I think - small local business advertising a small local event

 

HHHmmm... Don't know. Tempted to go with Radim's approach. Also thinking if we were making a decent living from stock, I would be minded to go more easy on him and it's not his fault the stock industry is where it is. Or maybe the industry is partly like this because of all the infringements that don't get chased...! 🤔 I think you could go either way with peace of mind.

[spacecadet]

You can clear your conscience by saying that you are contractually obliged to let Alamy deal with infringements on your images, which has the advantage of being true. I assume the amount is low hundreds rather than thousands, in which case I'd be inclined to let him learn a lesson. I've taken a few hundreds off businesses without feeling guilty about it.

Is the amount way out of kilter with what you'd have demanded yourself for an infringement? If not, there's another answer.

Edited October 4 by spacecadet

[geogphotos]

It is down to Alamy. Suggest that they explain the circumstances to Alamy and leave you alone.

[Alex Ramsay]

Good advice all, thanks!

 

Alex

[Robert M Estall]

Yeh, let Alamy take the rap for being hard-nosed. You can be Mr Nice-Guy but that's not going to make him and his pals take notice and change their ways. Back even in primary school, I knew we had to make a small payment just to put on the school play. It's not such a crazy idea that we should include basic copyright knowledge in school.

[Andreas]

Let Alamy do the job - even a small business is, well, a business. And basic copyright knowledge is usually existent.

[geogphotos]

With Pixsy if I start a case (I realise that the OP didn’t) and then cancel it they charge me 200 dollars for their time and expenses. Equally, in my experience, these copyright agencies will be reasonable if the infringer has genuine problems, is a charity, etc

 

 

[Phil Robinson]

I had the same last month, but from a charity. They were sent a huge bill and I contacted Alamy who reduced the amount as a 'gesture of good will'. I still get a decent sum and the charity were grateful. I'll just count it as my charitable donations for a year (or two).

[ChrisR Photo]

On 04/10/2024 at 11:03, Alex Ramsay said:

As has happened a few times before, I've just received a pathetic email from a very small local business who stupidly lifted one of my Alamy pictures from a client's website, and have now been hit with a largish damages claim from CopyRight Agent on behalf of Alamy. They want to negotiate separately and have offered to pay half the penalty fee. I admit to feeling sorry for them - what would you do?

 

Alex

 

Iv'e had this happen a few times where infringers had contacted me directly either through social media or direct mail, if it's from ,say an unknown blogger desperately trying to claim they didn't know and 'Oh iv'e taken it down ages ago now I don't know how they can charge me' routine, then I would just advise them and say, speak to Copyright agent and they will work with you in either, granting a license for the used imagery, or they pay the full infringement price! 

 

At the end of the day, ignorance of the law is no excuse, for instance a person could be driving down a road at 40mph in a 30mph area, the police pull the person over saying you broke the speed limit, saying 'Oh i didn't realise officer, it won't happen again!'  won't get you off the hook, you will be fined regardless.

 

Please don't get me wrong, infringers will try any excuse in the book to wriggle out of paying one way or another, if it is a Charity then work with them and explain how things work and as mentioned, then ask Copyright Agent to work out a deal.