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When is an infringement not an infringement?

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When is an infringement not an infringement? Or, how long after a use and no report of sale does a use become an infringement?


I found this image of mine used by the Telegraph online, 12th April 2013 and never reported as a sale. I queried this with MS who told me they would follow it up and it would certainly be appearing on my sales reports. 


The sale appeared today:

Country: Worldwide
Usage: Editorial
Media: Editorial website
Industry sector: Media, design & publishing
Image Size: Any size
Start: 01 July 2016
End: 01 July 2021
One use in a single editorial or advertorial article used within web versions of titles from the same group. Digital usage includes archive rights for the lifetime of the article. $ 6.40


As the dates didn't match I checked this with MS who say "As there was a delay we have billed all Telegraph uses from April to July in one go which is why the date of the license doesn’t correspond to the date of the article."


But $6.40? When the image has been used since 2013? Really MS? Looking back on my sales from 2013 similar uses would have been more like $27.00. However, this is an infringement as far as I am concerned. I am considering speaking to Pixsy about chasing the infringement for usage from 2013 to now.


As my reply back to MS has just said "Allowing clients to not pay for over three years, and then giving a discount on what the sale should have been charged for, sends out a very bad message to those clients and exploits your contributors." Thanks MS, not impressed.



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Vpics I agree. If they are a customer they want to keep happy then this would have been the thing to do and I would totally have agreed with that. Allowing them a discount by giving 2016's lower rates because they never bothered to report it in the first place is appalling and certainly needs some follow up action.

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MS did tell me today they are in the process of consultation with third parties to find a more watertight reporting/policing system for usages which sounds interesting, hope they get something in place quickly.

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I'm having problems with The Express lately too, although not the same problem but still non-payment and lots of broken promises.

Overall some of the UK newspapers really seem to push things to the limit and often beyond, and are not penalised for it, so have no incentive to change.


We're still waiting for payment for a UK newspaper sale made over 5 months ago. How they get away without settling their invoices for so long is beyond me!

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I agree Geoff, 6 months is crazy to have to wait, wish the same would apply to me if I didn't pay my bills. I wonder too if Alamy have any penalties written into the newspaper scheme? As with my none reported sale for over 3 years, surely there should be something written into the agreement, ie usages must be reported within x months of use, paid for within x months, none reporting for over x months will incur x penalty.

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