Russ MCR Posted January 22, 2014 Share Posted January 22, 2014 Hello I'm hoping somebody will be able to advise me with my little situation. Here's a summary. I took a photo about 5 years ago of a commercial property, belonging to one of the companies on the "Subjects which should never be Royalty Free" list found on Alamy. I uploaded a low-res version to Flickr (it's not on Alamy or any other stock site). I recently found it had been used on a book cover (a fiction book if that makes any difference) where the trademarked logos on the property have been edited out, and the colour scheme of the commercial property (which is part of a brand identity) has been altered. I asked the publishers of the book where they sourced ithe image, and they gave me a load of denial that it's my photo, but eventually agree to pay the fee I placed on it (once I had indicated that they're failure to pay would mean that I would pursue legal action) They've asked me to provide confirmation of what they are paying for. Okay. Under Alamy rules that photo wouldn't be available for commercial use, because it features a trademarked brand. However, they've already used the image for commercial use, and I feel I am owed payment for that. If I tell them that on receipt of payment they're able to continue to use it as they currently are – does that mean I have crossed a legal line? I realise I'm not the best at explaining, so feel free to ask if there's anything I've missed. Cheers awfully, Russ Link to comment Share on other sites More sharing options...
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