mickfly Posted January 14, 2016 Share Posted January 14, 2016 Here's something I would like opinions about, and yes, I know it won't be legal advice, but I'm curious to how people view this subject.An image of mine was used by an artist to make an oil painting which was matched by Pixsy when they scanned my Flickr images. I asked the artist to show me proof of a licence, or pay for one.The painting had been on sale since at least 2011 (online website) and sold in 2014.If you were to pursue the artist what price would you put on a painting which was a one off, but is definitely done from your image, as there are too many visible points of reference for someone to have taken the same photograph.This person is high profile.Any thoughts? and has it happened to you? Link to comment Share on other sites More sharing options...
spacecadet Posted January 14, 2016 Share Posted January 14, 2016 Is this in the UK? Can you put up a link?In court you'd ask for at least what he got for the image (account of profits) for a start as well as a licence for the time the image was online.It happened to Sheila Smart but she's no longer on Alamy so I don't know if her posts are still up. Link to comment Share on other sites More sharing options...
mickfly Posted January 14, 2016 Author Share Posted January 14, 2016 Is this in the UK? Can you put up a link? In court you'd ask for at least what he got for the image (account of profits) for a start as well as a licence for the time the image was online. It happened to Sheila Smart but she's no longer on Alamy so I don't know if her posts are still up. I remember the thread from Sheila, I've been in touch. I can't put up a link to my infringer yet as I am in correspondence with them, and I think I need to be vague so as not to risk identifying them. There biggest loss would be their reputation. Link to comment Share on other sites More sharing options...
spacecadet Posted January 14, 2016 Share Posted January 14, 2016 Is this in the UK? Can you put up a link? In court you'd ask for at least what he got for the image (account of profits) for a start as well as a licence for the time the image was online. It happened to Sheila Smart but she's no longer on Alamy so I don't know if her posts are still up. I remember the thread from Sheila, I've been in touch. I can't put up a link to my infringer yet as I am in correspondence with them, and I think I need to be vague so as not to risk identifying them. There biggest loss would be their reputation. Of course. Have you any idea of the sale price? Up to £10,000 you can go to small claims so even if it were more you could limit the value of the claim to that. The point isn't that you'll necessarily need to go to court, but that your infringer knows that you can, without risking an award of costs if you lose. Link to comment Share on other sites More sharing options...
mickfly Posted January 14, 2016 Author Share Posted January 14, 2016 I'm looking at the UK IP court and an offer of sorts has been made with a view to avoiding court.Some of the artists similar works are for sale from £2,000 to £16,000. Link to comment Share on other sites More sharing options...
spacecadet Posted January 14, 2016 Share Posted January 14, 2016 Then I'd be looking for an amount not unsimilar to the middle of that range and an undertaking not to do it again. If he has disclosed that there are other similar paintings, your choice between destruction and a very large royalty. Link to comment Share on other sites More sharing options...
mickfly Posted February 3, 2016 Author Share Posted February 3, 2016 Update: I settled for 25% of the sale price with a retroactive licence for single use of the image to be copied as a single painting only with no further use in any medium. Link to comment Share on other sites More sharing options...
spacecadet Posted February 3, 2016 Share Posted February 3, 2016 Nice one, buns all round, probably better than the uncertainty of going to court when he might have run a defence. Although I'd have been tempted to make an example of him, Link to comment Share on other sites More sharing options...
mickfly Posted February 3, 2016 Author Share Posted February 3, 2016 Nice one, buns all round, probably better than the uncertainty of going to court when he might have run a defence. Although I'd have been tempted to make an example of him, The threat of court was there from the outset ( https://www.gov.uk/guidance/take-a-case-to-the-intellectual-property-enterprise-court).Odd thing was the artist denied it was my image, but agreed to, and asked for a licence. $107 for an infringement in Florida as well... better than stock sales! Link to comment Share on other sites More sharing options...
spacecadet Posted February 3, 2016 Share Posted February 3, 2016 Presumably he denied it before his solicitor told him the facts of life. What I mean is that if you'd asked for more he might have defended. The denial would have resurfaced. Link to comment Share on other sites More sharing options...
mickfly Posted February 3, 2016 Author Share Posted February 3, 2016 Presumably he denied it before his solicitor told him the facts of life. What I mean is that if you'd asked for more he might have defended. The denial would have resurfaced. Denied it in all emails (about six to settlement) I don't think the artist took paid legal advice, probably just had a word with someone. I sent a side by side picture of mine and their image with many points of reference. I don't think it would have gone to court as, although they denied it was a copy they were keen to settle quickly, it was just a matter of price (they offered 10%, I asked for 30% and accepted their offer of 25%.) Latest... I've just sent a first e-mail to a publication which has used four of my images in an article... with my watermark on them! I'm asking for a large sum for this particular infringement as a publishing house should really be on the ball. Link to comment Share on other sites More sharing options...
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