Jump to content

Infringement Question


Recommended Posts

Doing so complies with the legal rules. It enables them to 'come clean' if they want to. Not usually relevant in a case like this but it doesn't delay things much. Then chew over the reply for a week or so and send your letter.

Link to comment
Share on other sites

1st letter i am unable to find contact details of the owners of the B & B 

 

Dear Griffin Cottage

It has come to my attention that you have used my image [Great Western train at Salisbury station]. 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.
 

Subject to that, as it appears that you have breached my copyright I require you to provide me with information about where you sourced the image, the length of time that you have used the image, and any other usages that you may have made of that, or any other image that you may have reason to believe may be mine.
 

[unless you have a licence from me/my agent for use of the image] I require you to remove the image immediately, and will be requiring payment £250  for use of the image to date. If you would like to make use of the image for the future, any such future use would only be permitted subject to negotiation with me of a separate additional licence and payment of a licence fee at my rates.

 

Yours faithfully

Link to comment
Share on other sites

Griffin cottage

http://www.griffincottage.com/#!location/c1ygo

email address belongs to Mark Brandon.

Make sure you can justify that fee on the basis of previous sales, your own licences or the various price calculators. Getty's is useful as the don't have the really low web rates that Alamy does.

Capitalbay you may not be able to get at.

Link to comment
Share on other sites

Alex put a link to the AOP calculator on the FB group. Some loftily useful figures there.

Remember they're the infringer and they don't get to bargain. Much. Come down if it's get money in your hand though. Last time I think I came down from 250 to 175. His first offer was 25.

Link to comment
Share on other sites

I think I wou ask for the Alamy rate for usage. The reason being that you may be asked for some evidence that you own the copyright (unless they will pay money to anyone who asks for it). The easiest way to do that is to point to your Alamy portfolio, and they will see the rate there. Unless you have the image on another site as well.

Link to comment
Share on other sites

Absolutely not. Infringers don't get to negotiate. The highest figure you can justify is the order of the day.

Don't point them anywhere.

I've been there and done that and no way do thieves get to pay anywhere near £15 or £29 or whatever.

I haven't asked for less than £250 yet. In one case, a commercial infringement, they paid close to 4 figures without a murmur because they were properly advised. They even asked for my contact details  in cae they need a photographer in my neck of the woods,

Link to comment
Share on other sites

Try email, if he takes it down you know he's got it.

Post if you get no reply.

If it got that far I'd try to find his home address, the cottage is obviously let out. You can buy electoral roll info from 192.com, it's a couple of quid.

They usually reply with excuses because they know that if they don't the clock doesn't stop.

Link to comment
Share on other sites

You do realise this is a public forum?

 

You are showing your hand to the infringer.

 

I always send a letter to be signed for. It costs less than a couple of quid each time and can be added to the costs due by the infringer.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.