Southpole Posted December 16, 2014 Share Posted December 16, 2014 Found someone using a recent Christmas market image. If it was sold would it show up on images sold straight away? Link to comment Share on other sites More sharing options...
spacecadet Posted December 16, 2014 Share Posted December 16, 2014 Not if it was to an account or self-reporting customer, which these days is most of them. I have 4 not yet reported. Which publication? Could be months. Link to comment Share on other sites More sharing options...
Southpole Posted December 16, 2014 Author Share Posted December 16, 2014 A website http://www.theshedshop.biz/chalets/ Link to comment Share on other sites More sharing options...
spacecadet Posted December 16, 2014 Share Posted December 16, 2014 Which image? It's possible it's been lifted from a legit buyer. MS will confirm if you send them the URL. Link to comment Share on other sites More sharing options...
Southpole Posted December 16, 2014 Author Share Posted December 16, 2014 As far as i know its not been sold Link to comment Share on other sites More sharing options...
spacecadet Posted December 16, 2014 Share Posted December 16, 2014 As far as i know its not been sold As I said, it could have sold and not yet reported. Check with MS then. That site is the only result on Google image search so it could be legit. After all they can license it for 5 years for £39. Link to comment Share on other sites More sharing options...
Southpole Posted December 16, 2014 Author Share Posted December 16, 2014 I sent email i know its only a thumbnail image but its the principle a local firm could of asked. Link to comment Share on other sites More sharing options...
spacecadet Posted December 16, 2014 Share Posted December 16, 2014 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. Link to comment Share on other sites More sharing options...
TokyoM1ke Posted December 16, 2014 Share Posted December 16, 2014 I sent email i know its only a thumbnail image but its the principle a local firm could of asked. It's only a thumbnail until you click on it... then it's a full-sized image. Link to comment Share on other sites More sharing options...
spacecadet Posted December 16, 2014 Share Posted December 16, 2014 Presumably you have screenshots and so on. Link to comment Share on other sites More sharing options...
Southpole Posted December 16, 2014 Author Share Posted December 16, 2014 Yes i emailed Alamy Link to comment Share on other sites More sharing options...
spacecadet Posted December 16, 2014 Share Posted December 16, 2014 Please keep us posted. Link to comment Share on other sites More sharing options...
Southpole Posted December 17, 2014 Author Share Posted December 17, 2014 Alamy have told me it is not sold by them and will pursue them for a licence if exclusive to alamy which it is. I assume its been taken from my facebook page. Link to comment Share on other sites More sharing options...
Martin P Wilson Posted December 17, 2014 Share Posted December 17, 2014 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. Link to comment Share on other sites More sharing options...
Southpole Posted December 17, 2014 Author Share Posted December 17, 2014 Alamy have said I have to pursue them myself. Martin with regards to Facebook I am now thinking of stopping putting images on there. Link to comment Share on other sites More sharing options...
Southpole Posted December 17, 2014 Author Share Posted December 17, 2014 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. Link to comment Share on other sites More sharing options...
Martin P Wilson Posted December 17, 2014 Share Posted December 17, 2014 And now go after them for the usage and benefit they have had! They have admitted the infringmement; ignorance is no defence in law. Link to comment Share on other sites More sharing options...
Southpole Posted December 17, 2014 Author Share Posted December 17, 2014 I am martin will go to small claims in January if need to. Its the principle . Would of given it to them if asked Link to comment Share on other sites More sharing options...
spacecadet Posted December 17, 2014 Share Posted December 17, 2014 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. Link to comment Share on other sites More sharing options...
spacecadet Posted December 17, 2014 Share Posted December 17, 2014 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. Link to comment Share on other sites More sharing options...
Southpole Posted December 17, 2014 Author Share Posted December 17, 2014 They have agreed to pay and apologised Link to comment Share on other sites More sharing options...
Martin P Wilson Posted December 17, 2014 Share Posted December 17, 2014 They have agreed to pay and apologised Excellent. This year I have made more from infringements than proper sales! I suspect there is more to come as well, probably in New Year now. Link to comment Share on other sites More sharing options...
spacecadet Posted December 17, 2014 Share Posted December 17, 2014 Hopefully it's a fair amount. After all, infringers don't get to negotiate. Link to comment Share on other sites More sharing options...
Southpole Posted December 17, 2014 Author Share Posted December 17, 2014 £75 Link to comment Share on other sites More sharing options...
spacecadet Posted December 17, 2014 Share Posted December 17, 2014 Next time try the EPUK procedure and you could hold out for a fair bit more than that. Link to comment Share on other sites More sharing options...
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