Southpole Posted March 11, 2015 Share Posted March 11, 2015 I have found 2 websites using my images should I contact Alamy about them ?? Link to comment Share on other sites More sharing options...
spacecadet Posted March 11, 2015 Share Posted March 11, 2015 To check whether they have licensed them, yes. Do they not match up with any recent licence or image search result? Link to comment Share on other sites More sharing options...
Niels Quist Posted March 11, 2015 Share Posted March 11, 2015 Yes, if they derive from an Alamy sale.... Remember to include links and maybe screenshots as evidence, the latter I sometimes leave out. Some countries are more probable for a good result - others you or Alamy wouldn't even try. Link to comment Share on other sites More sharing options...
Southpole Posted March 11, 2015 Author Share Posted March 11, 2015 Thanks Spacecadet . Link to comment Share on other sites More sharing options...
Niels Quist Posted March 11, 2015 Share Posted March 11, 2015 Thanks Spacecadet .No they don't match up with any sale. Old Harry http://3nter.com/whats/whats-harrys-phone-number.html Train http://www.griffincottage.com/#!further-afield/c1xrg The train seems to derive from an Alamy sale: http://tinyurl.com/m86g8bf I cannot see who made the Dorset Life article or how they got your image: http://tinyurl.com/pszz38z Link to comment Share on other sites More sharing options...
Southpole Posted March 11, 2015 Author Share Posted March 11, 2015 Niels and Old Harry sold 5 times Link to comment Share on other sites More sharing options...
Southpole Posted March 11, 2015 Author Share Posted March 11, 2015 Dorset Life purchased the image directly from me Link to comment Share on other sites More sharing options...
Niels Quist Posted March 11, 2015 Share Posted March 11, 2015 Niels and Old Harry sold 5 times I seem to live in the wrong country for train images..... This infringement I would report to Alamy. Dorset Life purchased the image directly from me Then this could be the one to pursue when you are sure it is not sold by Alamy and unreported. That could take time - so here you will need to save some screenshots. Link to comment Share on other sites More sharing options...
Southpole Posted March 11, 2015 Author Share Posted March 11, 2015 You have a nice collection Niel. I have sent email to member services thanks for replies Link to comment Share on other sites More sharing options...
Niels Quist Posted March 11, 2015 Share Posted March 11, 2015 You have a nice collection Niel. I have sent email to member services thanks for replies Good.... Thanks, you too! Link to comment Share on other sites More sharing options...
spacecadet Posted March 11, 2015 Share Posted March 11, 2015 THe train one has still got your metadata on it. If it's not legit they lifted it from the Telegraph (that's legit, published last May)) or from Flickr. Go for it. Most of the rest on that site seem to be CC licenced, but there's no attribution so it wouldn't be valid. Edit: the Bath one is ripped off from the Bath tourist office and it belongs to Colin Hawkins- wonder if he's here? If he collected on all the infringements of that one he could have a pretty good holiday. Link to comment Share on other sites More sharing options...
Sprocket Posted March 13, 2015 Share Posted March 13, 2015 Err, sorry to be pedantic but the train picture is incorrectly captioned. It is a First Great Western train not a South West Trains train so, ironically, if it had been correctly captioned the Telegraph probably wouldn't have used it to illustrate an article about SWT and it wouldn't have been ripped off. http://www.alamy.com/stock-photo-south-west-train-waiting-in-salisbury-staion-56010798.html I'll fetch my anorak... Link to comment Share on other sites More sharing options...
Southpole Posted March 13, 2015 Author Share Posted March 13, 2015 Thanks for info I will change caption grrrrrrrrrrrrrr Link to comment Share on other sites More sharing options...
mickfly Posted March 13, 2015 Share Posted March 13, 2015 The B&B website is filled with picture galleries, I think if they were hit with a few infringement challenges they wouldn't have a website! Interestingly, the web site creators (might only be the hosts, but there's a link at the bottom) have a FB page, filled full of pictures and even have one article showing how you can watermark to protect your images. Link to comment Share on other sites More sharing options...
spacecadet Posted March 13, 2015 Share Posted March 13, 2015 The B&B website is filled with picture galleries, I think if they were hit with a few infringement challenges they wouldn't have a website! If every infringement were gone after they wouldn't have a business. Hopefully SP for one will come out a couple of hundred ahead. Link to comment Share on other sites More sharing options...
Southpole Posted March 14, 2015 Author Share Posted March 14, 2015 Alamy are chasing this one i had a email from them yesterday Link to comment Share on other sites More sharing options...
spacecadet Posted March 14, 2015 Share Posted March 14, 2015 So they've said they will pursue the b&b themselves, or just that they're checking it's not legit? Link to comment Share on other sites More sharing options...
Southpole Posted March 14, 2015 Author Share Posted March 14, 2015 This what the email says spacecadet Don’t worry we’ll check this with our billing team and let you know once we have an update. In the mean time could you let us know if the images are exclusive to Alamy and if there are any similars; all this makes it easier to confirm the usage with the customer and get the licence paid Link to comment Share on other sites More sharing options...
Allan Bell Posted March 14, 2015 Share Posted March 14, 2015 This what the email says spacecadet Don’t worry we’ll check this with our billing team and let you know once we have an update. In the mean time could you let us know if the images are exclusive to Alamy and if there are any similars; all this makes it easier to confirm the usage with the customer and get the licence paid I thought you were dealing with an infringer here not a late payment. We come back to the contractual responsibilities as if it is an Infringer a retrospective licence will not have he effect needed on them. They need to be slapped with threatened court proceedings and substantial costs. Allan Link to comment Share on other sites More sharing options...
Southpole Posted March 14, 2015 Author Share Posted March 14, 2015 As far as i am aware they have not purchased the image Link to comment Share on other sites More sharing options...
spacecadet Posted March 14, 2015 Share Posted March 14, 2015 That's a generic reply. IME they will confirm that the b&b is not a legit licence and let you go after it yourself. Link to comment Share on other sites More sharing options...
Southpole Posted March 14, 2015 Author Share Posted March 14, 2015 oh right thanks for reply. So can i take them to small claims court? Link to comment Share on other sites More sharing options...
spacecadet Posted March 14, 2015 Share Posted March 14, 2015 http://www.epuk.org/opinion/stolen-photographs-what-to-do http://www.epuk.org/news/aerial-photographer-s-damages-claim-achieves-record-height Link to comment Share on other sites More sharing options...
John Richmond Posted March 15, 2015 Share Posted March 15, 2015 oh right thanks for reply. So can i take them to small claims court? Yes - but carefully read and comply with the court requirements for action before proceeding. And, if they're a limited company, it's worth having a look at their Companies House submissions to see if it's even worth taking action. If their liabilities exceed their assets your chance of payment does tend to diminish. Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Thanks for everyone help i would appreciate what you think of this letter : Dear Griffin Cottage Without Prejudice Save as to Costs It has come to my attention that you have used my image [Great Western train at Salisbury station screen shot enclosed]. I do not have any record of having issued you with a licence to use this image. I would be grateful if you would provide me with any evidence that you have been issued with a licence by myself [or my agent Alamy] for such use. I was extremely disappointed to see my image used in this way. This was a particularly flagrant breach of my copyright because you have a copyright on your website I assume you understand copyright law You ought to have known that the image would be protected by copyright, and use of my image in this way by you in the course of your business would be a criminal offence under S.107(2A) of the Copyright Act 1988, punishable by up to two years in prison and/or a fine [in addition, there was no attribution (picture credit) of my image to me. Unauthorised use of the image in this way devalues the value of the image for myself and my clients. Use on the internet, especially where unattributed, is especially damaging as it presents further opportunities to third parties to infringe my images, and increases the risk that the image may become ‘orphaned’.] If I have to take this matter further, I may be entitled to claim damages not only for the direct losses caused by your infringement, such as my loss of license fee, but also for one or more of the following: I am entitled by law to additional damages where the breach is flagrant or where you have gained a benefit from using the image. I may elect to require an account of profits from your use of the image, and may require you to carry out disclosure of the full amount of profits derived from use of my image. This may include my claiming a share in the total profits from the sale of any edition in which my image appeared. I am entitled to further damages for failure to credit my image to me: for breach of statutory duty under S.103 of the Copyright, Designs and Patents Act. Adding a border as you have done may be seen as derogatory treatment of the work, which may entitled me to further damages. I may be entitled to additional damages for ‘moral prejudice’ under S.3(2)(a)(ii), The Intellectual Property (Enforcement, etc) Regulations 2006. I may be entitled to claim from you any additional losses caused to me which results from your breach, for example if my image becomes ‘orphaned’ due to your actions. If I have to take this claim further, the costs of lawyers’ fees, court fees, and other expenses will also be added to the cost of the claim. The foregoing list is not exhaustive, and I reserve my right to claim for additional heads of damage. I would strongly urge you to consult a solicitor in relation to this claim. In the interests of resolving this matter quickly for both of us I am, at this stage, willing to make a without prejudice offer to waive my rights to damages from you with respect to your breach for a payment of £75, provided that you accept this offer in writing within the next 7 days and provided that such sum is received on my account within the next 14 days. This offer applies with respect only to your breach of copyright and usage of my image as described at the beginning of this letter, and does not in any way imply waiver or consent regarding any additional usage or use of any other image or any breach by any other person. This offer is made on condition that you have disclosed all material facts to me in relation to your breach of my copyright. This offer applies to settlement of your breach of copyright for this image until the date of expiry of the offer, and assumes that you remove the offending copy of the image forthwith. No consent to future or continuing use of the image is implied in the foregoing offer. Should you wish to continue use of the image, then that would be subject to separate negotiation and agreement. Should I not receive notification of acceptance of this offer within the period described above I shall pass the matter to be dealt with small claims court, and additional costs will be incurred which I shall recover from you. Yours sincerely/faithfully Link to comment Share on other sites More sharing options...
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