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Paul Mayall

Anybody using ImageRights free account

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Is anybody here using Imagerights free account to chase up infringes,  i see where they charge $50 to chase a infringes plus 50% of recovery if successful.

 

Any feedback on this will be appreciated.

 

Paul.

 

 

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In my (limited) experience with them they are only interested if the image is registered with USCO and there is a decent amount in it for them.

 

I started a claim with them in March 2012 and it took them until Dec 2012 to decide it wasn't worth it. They never contacted me in the interim and I had to chase them.

 

I certainly wasn't swayed to try their $50 service thereafter.

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Dave, can you tell me if they charged you $50 for a claim that did not come to anything.

 

Thanks,

 

Paul.

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Dave, can you tell me if they charged you $50 for a claim that did not come to anything.

 

Thanks,

 

Paul.

 

Paul-

 

AFAIK, they will 'assess' cases for free and tell you if they believe it would be worth following up. Then it's up to you if you want to pay the $50 per case for them to take it on and attempt to collect.

 

-Jason

Edited by Reciprocity Images

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A friend and compatriot (and previously regular contributor to this forum) swore by them then, and I know uses them still, in a huge way. He speaks very, very highly of the company and its service.

 

dd

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Thanks Jason,  sorry i cannot find a link to AFAIK,  can you supply the link?

 

Thanks,

 

Paul.

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Thanks Jason,  sorry i cannot find a link to AFAIK,  can you supply the link?

https://www.imagerights.com/recovery#submit

 

"For a Basic account, a $50 service fee is payable for each recovery case we take on for you before we proceed with the case, and you receive 50% of the net recovery revenue."

 

You can submit cases through their website or via email and they will let you know it they believe it's worth pursuing or not- If you choose to go forward would would then have to pay the $50 fee before they will proceed. Have been with them for a few years (paid), would be happy to answer any questions privately.

 

-Jason

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Thanks Jason,  sorry i cannot find a link to AFAIK,  can you supply the link?

 

Thanks,

 

Paul.

 

Sorry Paul but was that a genuine question or a bit of fun?

 

Allan

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Is anybody here using Imagerights free account to chase up infringes,  i see where they charge $50 to chase a infringes plus 50% of recovery if successful.

 

Any feedback on this will be appreciated.

 

Paul.

 

I tried using them to pursue 3 infringements. They assessed each of them (free of charge) but then declined to take them any further. It took 2-3 weeks for them to decide.

 

The first one was an infringement by a US company but, because it was an exclusive Alamy image, they declined to pursue (supposedly because of Alamy's "new" T&Cs). 

 

The other two where both in France where they deemed it to be uneconomic to pursue and just recommended "take down" notices

 

I might have another go on the 1st one because Alamy's "new" T&Cs were subsequently revised to allow independent pursuit of infringements of Alamy exclusive images.

 

However, one of the questions they ask during the assessment process is "How much would you normally charge for this type of use of your image?"

 

If the image is only available via Alamy then, if this question is answered honestly and depending on the usage, typically leads to a very low value answer  :(. This results in an "uneconomic to pursue" response. Sort of "shooting yourself in the foot". If you sell the same images via your own website too, then maybe you can enter a more substantial value :wacko: .

 

Another factor is that none of my images are currently registered in US.

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You can beef up your 'normal rate' by pursuing a few UK infringements yourself. The settlement figure then becomes a benchmark. I'm certainly pursuing this angle and it bears little relation to Alamy rates. To the calculator, maybe, but not what we usually get. No infringer gets offered a price of £3.

Edited by spacecadet

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Sorry Paul but was that a genuine question or a bit of fun?

 Not sure if i should answer Allan on this one,  as i might seem to be daft!

 

Here goes,  yes it was a genuine question,  now should i have a red face.

 

And thanks to all others who offered their input on this topic.

 

Paul.

Edited by Paul Mayall

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M Chapman; 

However, one of the questions they ask during the assessment process is "How much would you normally charge for this type of use of your image?

This is where we are forced to ask over the top fees from the infringes to get the lawyers interested.

 

I would be happy to get the normal fee from a infringe,   unfortunately these people know that when they refuse to pay your fee assuming it is under say $500 dollars a lawyer won't touch it,  hence they get away with it.  

 

Therefore  photographers cannot afford to be reasonable and ask for $35 and threatening if you don't pay i will seek legal action and increase the fee to $1000, correct me if i am wrong, once a fee is set it cannot be increased.

 

Paul.

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M Chapman; 

However, one of the questions they ask during the assessment process is "How much would you normally charge for this type of use of your image?

This is where we are forced to ask over the top fees from the infringes to get the lawyers interested.

 

I would be happy to get the normal fee from a infringe,   unfortunately these people know that when they refuse to pay your fee assuming it is under say $500 dollars a lawyer won't touch it,  hence they get away with it.  

 

Therefore  photographers cannot afford to be reasonable and ask for $35 and threatening if you don't pay i will seek legal action and increase the fee to $1000, correct me if i am wrong, once a fee is set it cannot be increased.

 

Paul.

 

 

Maybe one should interpret "How much would you normally charge for this type of use of your image? as "How much would you usually charge an infringer for this type of usage?"

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This is where Linda would have weighed in. She pursued so many infringers. Trouble is they were ripping off her celebrity images that she sold for big bucks. So she could collect big bucks. She did have agents that did this for her, just don't know who.

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Sorry Paul but was that a genuine question or a bit of fun?

 Not sure if i should answer Allan on this one,  as i might seem to be daft!

 

Here goes,  yes it was a genuine question,  now should i have a red face.

 

And thanks to all others who offered their input on this topic.

 

Paul.

AFAIK = as far as I know

Pearl

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M Chapman; 

However, one of the questions they ask during the assessment process is "How much would you normally charge for this type of use of your image?

This is where we are forced to ask over the top fees from the infringes to get the lawyers interested.

 

I would be happy to get the normal fee from a infringe,   unfortunately these people know that when they refuse to pay your fee assuming it is under say $500 dollars a lawyer won't touch it,  hence they get away with it.  

 

Therefore  photographers cannot afford to be reasonable and ask for $35 and threatening if you don't pay i will seek legal action and increase the fee to $1000, correct me if i am wrong, once a fee is set it cannot be increased.

 

Paul.

 

 

Maybe one should interpret "How much would you normally charge for this type of use of your image? as "How much would you usually charge an infringer for this type of usage?"

 

My settlements are usually at the very top end of the G or Alamy calculator, worked out as unfavourably as possible to the infringer, plus 30-50%, but with leeway for a flagrancy uplift if it goes to court. Probably ten times the 'usual' rate. But it needs to be justifiable in court.

So usually low, occasionally high, hundreds.

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Paul - no this was in the days before they implemented the charge. I think it may have come into effect during the time my case was with them.

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This is where Linda would have weighed in. She pursued so many infringers. Trouble is they were ripping off her celebrity images that she sold for big bucks. So she could collect big bucks. She did have agents that did this for her, just don't know who.

 

Linda recommended Imagerights to me, so I assume she was happy with them. I believe she had other methods of infringement pursuit too.

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i was just wondering this last week! great info on here! it would be interesting to know peoples methods and calculations, and which have been won, perhaps to use as a "template" almost, but i imagine this would depend on lots of factors, such as subject matter, eg news / celeb images may command lots more, especially if you were granted exclusive "red carpet" type access, and this image was then TWOC'd

 

havent had any infringers (that i know of yet), but regularly look using google images search and Tineye add-on in my browser which is firefox.

 

i have a follow up question for spacecadet - flagrancy uplift?? what is meant by this, is this calculate-able by yourself or a court / standard process?

 

"My settlements are usually at the very top end of the G or Alamy calculator, worked out as unfavourably as possible to the infringer, plus 30-50%, but with leeway for a flagrancy uplift if it goes to court. Probably ten times the 'usual' rate. But it needs to be justifiable in court.

So usually low, occasionally high, hundreds"

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Depending on the flagrancy of the breach a court may award enhanced damages. See section 97.

Usually low double figures but in a recent case (Webb v VA events, it's on the web) five times was awarded.

A deliberate attempt to remove watermarks (as in the above case) would be an example of flagrancy. Someone using it in the honest belief they had permission wouldn't. Just grabbing a shot off Wikimedia commons and not complying with the CC licence- somewhere in between.

Edited by spacecadet
  • Upvote 1

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+1 Green, thanks

 

Depending on the flagrancy of the breach a court may award enhanced damages. See section 97.

Usually low double figures but in a recent case (Webb v VA events, it's on the web) five times was awarded.

A deliberate attempt to remove watermarks (as in the above case) would be an example of flagrancy. Someone using it in the honest belief they had permission wouldn't. Just grabbing a shot off Wikimedia commons and not complying with the CC licence- somewhere in between.

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I'm wondering if anyone is willing to share their success with ImageRights on the free account. I do have one claim recently started, with my cost being $US50 and have just been notified of another worth pursuing, but it's a bit costly.

 

It's an infringement in the UK. IR have asked for 100 euro for their partner firm Quantum Leap for the case, IR will pay all out of pockets and recoup from settlement. I will get 50% of remainder if case successful. But - there is a 30% contingency fee as well. Estimated initial demand is GBP500.

 

I'm a bit undecided on this one - and would appreciate comments/advice. Thanks

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If you have an English address you can use you could easily litigate it yourself at small claims for about £50-70.

Assuming they don't settle- t doesn't usually take infringers long to look up the procedure and realise they're bang to rights.

Edited by spacecadet

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Just put a couple of images with them to test the water. I'll let you know how things progress.

Edited by Rob C

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So a couple of months back I put some images with ImageRights that had been pirated in North America, just to test the water. These were non-Alamy images, taken from elsewhere.

I paid $50 per image (about £33) to have the necessary investigation carried out.

I've just had the first result back, and and very pleased with the outcome. Although it's not a huge amount of money, it more than makes the whole process worthwhile, and I would recommend it to anyone who feels they may have similar claims.

I'm still awaiting the outcome of the second case, and will post when results are known.

  • Upvote 1

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