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My current infringement (20+ unreported uses, form sent early Jan) is from one of Alamy's big buyers, who have a subscription type deal with Alamy.

The last time I caught them out on an unreported use from 2012, I eventually got a desultory amount. I pointed out that in 2012, that paper paid over double the amount for uses.

However, I was told that Alamy's policy was to use the current price.

I replied that I totally disagreed with this policy. This company used to get lots of reports for not reporting uses from several different people, over all the time I've been on Alamy. It seems they just don't bother to report all sales - most of the time, they probably don't get caught, and when they do, they pay less than they would have at the time they used the file.

How is that good business on Alamy's part? The company has nothing to lose and everything to gain.

Edited by Cryptoprocta
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Mostly Google IS. I find Tineye almost useless.

 

So am I right in thinking that if i find any of my Alamy images on google images then they should be paying for it? (I've just seen three of mine on there......and they've never even been zoomed!!!!)

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opps mis-posted using my phone and poor eyesight!

Edited by mickfly

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Not quite Colonel. If you find one of your images via Google image search on a newspaper article for instance then you should make a note of the date and keep an eye out in six months time to see if their report it to Alamy.

Edited by mickfly
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Not quite Colonel. If you find one of your images via Google image search on a newspaper article for instance then you should make a note of the date and keep an eye out in six months time to see if their report it to Alamy.

 

Oh! Thanks for clearing that up for me :)

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So reading this thread, it seems Alamy never has any success chasing unathorised usage of pics. Has there ever been a successful outcome?

 

Yes, quite a few now.

Alamy and their chasing partners will do the legal stuff, and it comes up as 

Other income spacer.gif Infringement; web use xxxxxxx (Alamy pic.ref.)

in your balance statement.

 

There is a difference between unreported uses (downloads from regular Alamy customers) and blatant copy & paste (nick it) from other business users.

 

Unreported uses should end up in your sales summary, as per normal.

Infringement uses won't, but if Alamy are successful in obtaining payment, as mentioned above, just a payment appears in your balance statement.

 

That's my experience here anyway.

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Many people have reported (low fee) payments for infringements...

 

And some have reported HUGE payments per image -- usually because 

they found expert attorneys who represented them on contingency.

Can't stress enough to seek expert representation.

Allow yourself to be vetted by experts who will decide

whether or not they want to represent you.  Don't assume

ANYTHING about what your peers say it takes to be

qualified for such representation.  And don't expect

details about success stories due to confidentiality clauses...

Also, we don't kow how much of the HUGE payment went to the expert attorney.

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My current infringement (20+ unreported uses, form sent early Jan) is from one of Alamy's big buyers, who have a subscription type deal with Alamy.

The last time I caught them out on an unreported use from 2012, I eventually got a desultory amount. I pointed out that in 2012, that paper paid over double the amount for uses.

However, I was told that Alamy's policy was to use the current price.

I replied that I totally disagreed with this policy. This company used to get lots of reports for not reporting uses from several different people, over all the time I've been on Alamy. It seems they just don't bother to report all sales - most of the time, they probably don't get caught, and when they do, they pay less than they would have at the time they used the file.

How is that good business on Alamy's part? The company has nothing to lose and everything to gain.

 

Ouch!   :o You touched a very delicate nerve there.

Thought Alamy promised us to review their leak-as-a-sieve-selfbilling system.

 

Cheers,

Philippe

 

Indeed, but life has only enhanced my natural scepticism, and I don't believe everything I'm told.

It wouldn't surprise me if it wasn't that particular news group which has forced editorial RF upon Alamy.

OTOH, it could be that Alamy don't even challenge them with the unreported uses, they just choose some month to add the unreported images to and divvy up accordingly.

OTOH (2) is it only coincidence that having used the file >40 times (between two websites), I reported them in the first week of Jan, and they haven't used the image since 22 Dec.? (or at least, I can't find any on GIS)

 

Probably this is a case where Alamy would NOT appreciate us going after them ourselves.

Edited by Cryptoprocta
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I've had some success using a third party to chase images which have been infringed, and also in one case I pursued them myself.

I also have one infringement outstanding with Alamy using their online form but I haven't pestered them for an update as I know that legal avenues do take time.

I think that one of the grapes here is that if a regular customer is caught with a non-reported sale they are only charged at the current license fee when we would prefer they were charged a penalty above and beyond the license fee to discourage them from doing the same again.

I did a little blog about my recent payout, which were not Alamy images.

http://www.mickflynnimages.com/blog/2016/5/can-you-afford-to-let-people-post-images-on-your-site

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I've had some success using a third party to chase images which have been infringed, and also in one case I pursued them myself.

I also have one infringement outstanding with Alamy using their online form but I haven't pestered them for an update as I know that legal avenues do take time.

I think that one of the grapes here is that if a regular customer is caught with a non-reported sale they are only charged at the current license fee when we would prefer they were charged a penalty above and beyond the license fee to discourage them from doing the same again.

I did a little blog about my recent payout, which were not Alamy images.

http://www.mickflynnimages.com/blog/2016/5/can-you-afford-to-let-people-post-images-on-your-site

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Here's a suggestion for unreported uses after whatever period they have agreed with Alamy:

First time it happens, a rap on the knuckles and warning.

After that, be charged rack rate every time.

 

But it is ridiculous that WE have to find the unreported uses, fill out a time-consuming form (you have to fill out all the found in-uses in my case (42 in my case - with date of use and specific URL, which takes time, so that they can compare usages with their reported' list) and wait many months before anything is done. I'm sure the whole issue is complicated by even legitimate licences not necessarily covering the actual dates of use, so I've questioned usages which are sometimes quite different from the dates on the sales report, but MS tell me that it's "not possible" to be accurate with dates (it's RM, why isn't is possible for companies to do proper accounting?).

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Question: What is the process for reporting unreported sales? What email address do I use? or is there an online form?

In my situation I found out (through Google books) that a publisher put one of my images in a book. The book is due to be on the market in 4 months. I suppose the publisher submitted to Google books early. What is the appropriate time frame to report an unreported sale? Should I wait until the book is on the market?

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