Armstrong Posted March 16, 2015 Share Posted March 16, 2015 Southpole - I would advise going back and editing your previous posts to anonymise them. Michael Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Reply i have from B&B I apologise for unwittingly using your image. I am 71 and not really au fait with modern technology. I just searched on the web for a picture of a train and did not realise that it was protected by copyright. The web page is a new venture of my wife’s and has only just started (we don’t expect it to get going until Easter). I have of course removed it immediately Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 There you are then. Pleading ignorance is par for the course but this guy has been running websites for years (search the email address) so don't believe a word of it. It's a commercial venture and if he wants to use images he can pay for them. The domain name was registered in September so you are looking at a 1-year infringement. Let them sweat for a bit then send letter no. 2. Can you still edit the post which identifies the website? If so remove it. Link to comment Share on other sites More sharing options...
Southpole Posted March 16, 2015 Author Share Posted March 16, 2015 Dear Mark This is how I make a living you obviously taken the image from the Daily Telegraph ( LINK ) who licensed the image. I normal charge £250 for copy right infringement however to avoid small claims court I be happy to give you a reduction of £100. So £150 for image usage to date. With regards to copyright you have a copyright logo on your website so one would assume you know about copyright, All images on the internet are subject to copyright I have attached a LINK for you to read regarding this. I have other B&B's who have paid for there images and believe its not fair on them to give images for free. I will be happy for you to carry on using the image for a further £75 I can also license you any local photographs you may need. Link to comment Share on other sites More sharing options...
spacecadet Posted March 16, 2015 Share Posted March 16, 2015 Dear Mark This is how I make a living you obviously taken the image from the Daily Telegraph ( LINK ) who licensed the image. I normal charge £250 for copy right infringement however to avoid small claims court I be happy to give you a reduction of £100. So £150 for image usage to date. With regards to copyright you have a copyright logo on your website so one would assume you know about copyright, All images on the internet are subject to copyright I have attached a LINK for you to read regarding this. I have other B&B's who have paid for there images and believe its not fair on them to give images for free. I will be happy for you to carry on using the image for a further £75 I can also license you any local photographs you may need I would just send letter 2 and forget the chat. Don't negotiate till you have to and don't reduce your price in advance! Link to comment Share on other sites More sharing options...
CandyAppleRed Images Posted March 16, 2015 Share Posted March 16, 2015 I'd suggest correcting the numerous typos and grammatical errors as well. Link to comment Share on other sites More sharing options...
spacecadet Posted March 17, 2015 Share Posted March 17, 2015 And don't tell him you know where he got the image from. Link to comment Share on other sites More sharing options...
Southpole Posted March 17, 2015 Author Share Posted March 17, 2015 They have agreed to pay but haggling the price now I said no to haggling Link to comment Share on other sites More sharing options...
Martin P Wilson Posted March 17, 2015 Share Posted March 17, 2015 And stress the compensation is for the infringment, it does not provide a future or retrospective licence - that would be a separate negotiation. Link to comment Share on other sites More sharing options...
spacecadet Posted March 17, 2015 Share Posted March 17, 2015 They have agreed to pay but haggling the price now I said no to haggling At £250? Hold out. You can point out that as they admit the infringement it would cost them a lot of money to travel to court in London just to argue over the fee when they would be paying all your costs. What have they offered? Link to comment Share on other sites More sharing options...
Southpole Posted March 17, 2015 Author Share Posted March 17, 2015 London ? not held locally then Link to comment Share on other sites More sharing options...
spacecadet Posted March 17, 2015 Share Posted March 17, 2015 No. Look at the guidance. IPEC in London. It's an advantage to you as they can't get it transferred locally to save costs. You can bet he's googling like mad and finding out he's bang to rights. He may try the old Getty 'prove your losses' line but he'll have to come to court to do that. Don't worry. He'll fold. Link to comment Share on other sites More sharing options...
Southpole Posted March 17, 2015 Author Share Posted March 17, 2015 cool Link to comment Share on other sites More sharing options...
spacecadet Posted March 17, 2015 Share Posted March 17, 2015 Do keep us posted. Link to comment Share on other sites More sharing options...
Southpole Posted March 17, 2015 Author Share Posted March 17, 2015 I will Link to comment Share on other sites More sharing options...
Southpole Posted March 17, 2015 Author Share Posted March 17, 2015 Case closed agreed to pay Link to comment Share on other sites More sharing options...
spacecadet Posted March 17, 2015 Share Posted March 17, 2015 At full price? Nice one. WHat's your secret? Link to comment Share on other sites More sharing options...
IanGibson Posted March 17, 2015 Share Posted March 17, 2015 Great work! Link to comment Share on other sites More sharing options...
Alex Todd Posted March 18, 2015 Share Posted March 18, 2015 Well done. My latest infringer has invited me to take it to court so that's what I'll be doing. I think he thinks he's calling my bluff His best offer was less than half the price of the license fee a legal customer would have paid. If the infringer doesn't put up a defence you can have the case heard on papers so you don't have to attend in person. Link to comment Share on other sites More sharing options...
spacecadet Posted March 18, 2015 Share Posted March 18, 2015 I'm sure you know this, but make sure you can justify a fee higher than his offer or you won't get your costs. Of course he may balk at the cost of a train fare to London. And yours as well if he loses. No harm in pointing that out to him. Under the new regime not many small claims are going to be worth quibbling on the level of fee if the infringement is admitted. Link to comment Share on other sites More sharing options...
Alex Todd Posted March 18, 2015 Share Posted March 18, 2015 Yeah I understand that but it's not a small infringement. He was using it commercially in a way that stood to earn him well into 5 figures so my claim is fairly high. Link to comment Share on other sites More sharing options...
spacecadet Posted March 18, 2015 Share Posted March 18, 2015 Oh. Probably not under the small claims limit then, 10k? Link to comment Share on other sites More sharing options...
Alex Todd Posted March 18, 2015 Share Posted March 18, 2015 Oh. Probably not under the small claims limit then, 10k? Yes it is under but not by much. I wanted to keep it to small claims. Link to comment Share on other sites More sharing options...
spacecadet Posted March 18, 2015 Share Posted March 18, 2015 Wise. You can opt for the account of profits instead of a fee. You probably know that as well. Do keep us posted if you can. Link to comment Share on other sites More sharing options...
Alex Todd Posted March 18, 2015 Share Posted March 18, 2015 Wise. You can opt for the account of profits instead of a fee. You probably know that as well. Do keep us posted if you can. Yeah I know. My feeling is he hasn't made anything like that kind of money but have the screenshots of his website with prices to back up my claim. I've terminated with Alamy so I'm likely to be removed from here soon. I'll post on the facebook page and someone can post it here. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.