spacecadet Posted March 16, 2015 Share Posted March 16, 2015 Send the exploratory letter , as detailed in the epuk article, first. I leave out the criminal offence part. Assuming it's been up for a year I'd be after somewhat more. I usually start at £250. Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Ok thanks Spacecadet Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Found another website using my images now http://www.capitalbay.com/news/504590-retired-ex-army-colonel-leonard-webb-charged-with-murdering-his-wife.html Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Problem is I never licensed a image myself before I have done work on commission only Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 I think £75 is reseanable Link to comment Share on other sites More sharing options...
Martin P Wilson Posted March 16, 2015 Share Posted March 16, 2015 I tend to use the figures that the NUJ link to as a guide in these circumstances. Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Cool thanks Martin Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Ok Spacecadet i will bear that in mind Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 Don't be shy. One settlement in 2013 topped my entire Alamy net up till then. Link to comment Share on other sites More sharing options...
IanGibson Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 I have stated £250 in 1st letter is that ok or should i wait for 2nd letter? Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 Follow the epuk guidance. You don't make an offer in the first letter. Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 ok thanks Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Can we send letter by email or does it need to be posted ? Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 cottage is a B&B. I will email now thanks for everyones help Link to comment Share on other sites More sharing options...
IanGibson Posted March 16, 2015 Share Posted March 16, 2015 The postal address is on the website, but I agree that an initial email is a good idea. Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Email has been sent Link to comment Share on other sites More sharing options...
Alex Todd Posted March 16, 2015 Share Posted March 16, 2015 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 More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Good Point Alex but I never realised it was open to the public Link to comment Share on other sites More sharing options...
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