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Sultanpepa

Company tweet image infringment

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Anyone had any success claiming against a company that has blatantly lifted an image from Alamy searches complete with watermark and used it on twitter? I've notified Alamy but I'm wondering if they'll pursue. Your thoughts? :(

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Depends if they think its worth while.  I know they won't bother with personal blogs, but a company is another matter, even if only a tweet.

 

Jill

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Depends if they think its worth while.  I know they won't bother with personal blogs, but a company is another matter, even if only a tweet.

 

Jill

 I've just had word back from MS. They won't chase social media usages. I'm free to pursue on my own if I wish. I've never done this and wouldn't know where to start. I must admit I'm a little surprised that Alamy won't take this on given it's watermarked and even shows the image reference number. If Alamy won't chase it I don't suppose it would be worth my while either. So be it. :( 

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Depends if they think its worth while.  I know they won't bother with personal blogs, but a company is another matter, even if only a tweet.

 

Jill

 I've just had word back from MS. They won't chase social media usages. I'm free to pursue on my own if I wish. I've never done this and wouldn't know where to start. I must admit I'm a little surprised that Alamy won't take this on given it's watermarked and even shows the image reference number. If Alamy won't chase it I don't suppose it would be worth my while either. So be it. :(

 

Care to share it, for opinions?

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There are a number of U.K. "Cease and desist" free letter templates for breach of Copyright which you can Google and copy the wording. You may think it worth a postage stamp to make your point and/or claim a small fee, even if only as a scare tactic?

 

Richard

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If it's a UK company I'd endorse Richard's suggestion.

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I was going to suggest small claims court (special one for image rights but not sure if it applies in Scotland.

 

Try sheriffs court?

 

Allan

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No problem if the company has an office in England or Wales.

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Anyone had any success claiming against a company that has blatantly lifted an image from Alamy searches complete with watermark and used it on twitter? I've notified Alamy but I'm wondering if they'll pursue. Your thoughts? :(

 

Sorry but I don't think you can claim an infringement when someone uses the Share Button that appears on Alamy image pages. 

Edited by fotoDogue

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I asked Alamy about an image on a blog recently.  I can see why they won't chase it, so I sent two messages to the blogger myself.  I got no reply, so this week I sniffed around and did a whois and found that the blog is hosted on Amazon EC2.  I sent a DMCA letter to Amazon via their form and hey presto, the blogger has now contacted me and apologised and removed the image.  I have said I still want paid. It's not a lot of money, but it should be MY money.  

 

That aside, amazon have contacted me tonight to say they have taken action and I notice that the blog is no longer available. I believe the hosting company have to investigate and take action where appropriate, otherwise they can also be held responsible for copyright infringement. I would have thought that that would apply to twitter also. I didn't expect them to take the blog down now that the image has been removed, I expect it will take the blogger a bit of effort to sort it all out - might have been easier to just reply to me in the first place or - here's a radical thought - BUY the licence instead of using my image with the Alamy watermark on it.....

 

I used the letter on this page as a template:

 

http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/

 

edit: spelling errors

Edited by Lastrega

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Great! To send a DMCA letter to twitter I first need to sign up and log in. Not what I had in mind. I don't want to be a member of twitter. :(

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Anyone had any success claiming against a company that has blatantly lifted an image from Alamy searches complete with watermark and used it on twitter? I've notified Alamy but I'm wondering if they'll pursue. Your thoughts? :(

 

Sorry but I don't think you can claim an infringement when someone uses the Share Button that appears on Alamy image pages. 

 

  Why do we have a share button exactly? Confusing signals for prospective buyers.

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  Why do we have a share button exactly? Confusing signals for prospective buyers.

 

 

Maybe Alamy sees it as a way to promote photos?

 

Since Alamy allows people to tweet images from the site, doing so would seem to be with Alamy's consent. I doubt a case against that would have any merit.

There's also a button to download low res watermarked "preview"  images. I have no idea what the limitations on such images might be.

 

Quite honestly, I think Member Services should've explained this when you contacted them.

Edited by fotoDogue

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  Why do we have a share button exactly? Confusing signals for prospective buyers.

 

 

Maybe Alamy sees it as a way to promote photos?

 

Since Alamy allows people to tweet images from the site, doing so would seem to be with Alamy's consent. I doubt a case against that would have any merit.

There's also a button to download low res watermarked "preview"  images. I have no idea what the limitations on such images might be.

 

Quite honestly, I think Member Services should've explained this when you contacted them.

 

You make a good point. Maybe Alamy could clarify their thinking on this so that we know where they stand on sharing to FB, Twitter et al.

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  Why do we have a share button exactly? Confusing signals for prospective buyers.

 

 

Maybe Alamy sees it as a way to promote photos?

 

Since Alamy allows people to tweet images from the site, doing so would seem to be with Alamy's consent. I doubt a case against that would have any merit.

There's also a button to download low res watermarked "preview"  images. I have no idea what the limitations on such images might be.

 

Quite honestly, I think Member Services should've explained this when you contacted them.

 

You make a good point. Maybe Alamy could clarify their thinking on this so that we know where they stand on sharing to FB, Twitter et al.

 

 

This isn't quite right - the 'share' link doesn't just post the image to a tweet or facebook status etc, it posts a direct link to the comp where people can licence your image. Depending on the view, the heavily watermarked comp may be visible, but a caption and link back to the image comp where the image can be purchased is posted. This doesn't encourage infringement, it increases traffic to an area where clients can purchase a licence to your imagery. Lots of traffic (and sales) come in via this route, this is good for you!

 

If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

Cheers

 

Alamy 

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Quote, "If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself." Unquote.

 

If someone has grabbed an Alamy watermarked image to use on their website I believe Alamy should chase the miscreant, even if it is only to issue a takedown notice.

If Alamy fails to follow up it sends a wrong message to these thieves that the images are there for the taking and are free to do it again and again.

 

Action is needed.

 

Allan

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If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

 

I understand your reasoning, but if an image is lifted from your site (which it obviously has been if the watermark is still there) then the perpetrator has stolen from you, not us. Surely even if nothing else is done, an email from you would cost peanuts and would carry more weight and be more likely to intimidate the offender into removing it than a communication from the photographer?

 

Alan

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If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

 

I understand your reasoning, but if an image is lifted from your site (which it obviously has been if the watermark is still there) then the perpetrator has stolen from you, not us. Surely even if nothing else is done, an email from you would cost peanuts and would carry more weight and be more likely to intimidate the offender into removing it than a communication from the photographer?

 

Alan

 

 

 

Have a green one from me.

 

Allan

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If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

 

I understand your reasoning, but if an image is lifted from your site (which it obviously has been if the watermark is still there) then the perpetrator has stolen from you, not us. Surely even if nothing else is done, an email from you would cost peanuts and would carry more weight and be more likely to intimidate the offender into removing it than a communication from the photographer?

 

Alan

 

 

Don't forget we're talking about a watermarked image in a personal tweet here - not a use in print, an advert, book, website etc - please don't take the thread off-topic.

 

As mentioned, we will asses each possible infringement on an individual case by case basis. 

 

Alamy

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Personally I believe Alan's comment was very much ON topic.

 

Allan

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If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

No need for a screen grab. Below the caption there's a link that says "Download a Preview." I clicked on the link and received a 1300 pixel wide image that's watermarked in the same way as Sultanpepa's photo appears in the tweet. I've seen photos like this on FaceBook and just presumed this was permitted by Alamy. If I'm mistaken about how these free previews may be used it's likely others are as well.

 

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If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

No need for a screen grab. Below the caption there's a link that says "Download a Preview." I clicked on the link and received a 1300 pixel wide image that's watermarked in the same way as Sultanpepa's photo appears in the tweet. I've seen photos like this on FaceBook and just presumed this was permitted by Alamy. If I'm mistaken about how these free previews may be used it's likely others are as well.

 

 

 

There's lots of the downloaded previews on this facebook page, https://www.facebook.com/groups/FotosAntiguasTenerife/?fref=ts

 

Just credited to Alamy, no link back to the Alamy website...

 

Phil

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The preview is just that, a larger version of the comp that is heavily watermarked. Clients usually require these to see more detail in an image or for draft placement in a layout. The key here is that providing it leads to overall increased sales.

 

If the image is used for non-preview purposes, eg an infringement, then as previously mentioned, this will be reviewed on a case by case basis to assess if it is commercially viable to proceed.

 

Alamy

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If someone has downloaded or screen grabbed a watermarked comp and used the image, that may be different. We will asses each case to see if it's commercially viable to pursue the infringement case on your behalf. If it isn't, you are not under any restrictions to continue to do so yourself.

 

No need for a screen grab. Below the caption there's a link that says "Download a Preview."...

 

Yes this is what we mean - as we stated, - "If someone has downloaded..."

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