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I hope you mean you've emailed Alamy. Always check with MS first- after all they may have a licence and if you contact them now, and it is an infringement- you alert them.

And it's not a thumbnail- click on it and you get a full screen image, more or less.

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I assume its been taken from my facebook page.

 

I hope you read this about Facebook.

As a stock photographer, I would highly recommend NOT placing pictures on Facebook. That's asking for trouble. Anyway, if you place images on websites for promotion purposes, add a watermark.

 

Cheers,

Philippe

 

 

And keep them as small as possible at lowest possible jpg quality.

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REPLY FROM COMPANY CONCERNED I apologise, I didn't realise. In the past I have been sent photos that the council have taken of the christmas market that I've been able to use. If I recall I think I found it on facebook which I obviously pulled off and thought would look good on my website. I will get my IT guy to remove it.

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Have a look at the EPUK advice (google it). As it's only a few weeks your claim is likely to be small, particularly as you've said on a public forum that you would have provided it gratis. Should it go to court this would limit your claim severely if the defendant found out you'd said it. You're not going to be able to ask for a huge amount but a 'without prejudice' offer high high enough to make them take notice might be justifiable in court. I'm thinking low 3 figures but don't take my word for it, do your reseaarch. I've had settlements ranging from £950 for a 3-year use in a brochire to £175 for a few months on a small business's website. When all said and done it is a commercial infringement from which the business has benefited financially.

Of course the upside of FB is that you have the opportunity to pursue infringements.

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And now go after them for the usage and benefit they have had! They have admitted the infringmement; ignorance is no defence in law.

 

Yep, send them an invoice. They work with a webmaster. Webmasters are supposed to know everything about copyrights and how to obtain images in a legal way. 

 

Cheers,

Philippe

 

Sending an invoice limits your upside, at least in the UK. One sends a discovery letter as per the EPUK advice first. However the OP has already contacted them which is much the same.

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