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skylineboy

How long do alamy take to chase infringements?

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hi all.

 

ive had my first infringement! (well second but ive given up hope on the first, its small time and in russia).

 

i emailed alamy asking if the use was as i received payment for, and they confirmed it wasnt and to fill out a form for them to investigate.

 

they received this and havent been back in touch since they acknowledged receipt.

 

im just wondering how long it usually takes? and are they likely to take it on? im based in UK, as is the infringer and in mean time ive been screenshotting the infringer site and the placement of the infrigement daily in case i have to deal with it myself.

 

are there any rules of thumb or rough ideas on what to charge should i have to deal with it myself or do you just go on what the calculator on alamy would come up with, if they had of paid in first place! some sites i've seen tend to go on 3x the amount normal charge, eg to punish for the infringement, but these seem heavily USA based and mention the US copyright damages etc.

 

TIA

 

Dan

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I reported one a couple years ago and still haven't heard back.

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I reported one a couple years ago and still haven't heard back.

 

Me too.... :( One Alamy approached me about in January 2016, and another I reported to Alamy in April 2016....Still waiting!

 

Phil

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In the UK you can go to IPEC. It's fairly straightforward. I have a couple ready to go when I can justify the court fee. You have 6 years from when you discover the infringement. Try the price calculator, or G's- they're more expensive. :D because infringers don't get to bargain. No damages as such but you need to be able to justify the fee if it gets to court, for example by having licensed for a similar amount yourself. IME infringers usually settle in the UK because they know about IPEC- they look it up- and they know there's no defence.

As per the contract, you can't act until Alamy sign off on it.

Edited by spacecadet

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I've had one image that has been copied all over the place. I have told Alamy about ten or fifteen examples and they have contacted me about a similar number, asking if I wanted them chased.

This has been over the last couple of years and so far I have had two payments. 

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I chased up an infringement reported to alamy over a year ago and they said that they had got a new team in place chasing infringements and that the new team had not had it passed to them by the old team and that they would now pass it over to them. The interesting thing that they did say was that we can chase them up ourselves providing we check with alamy first which was not the impression I got when alamy first started chasing infringements. I thought the contract amendment stated we had to let them do it.

Kevin

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I chased up an infringement reported to alamy over a year ago and they said that they had got a new team in place chasing infringements and that the new team had not had it passed to them by the old team and that they would now pass it over to them. The interesting thing that they did say was that we can chase them up ourselves providing we check with alamy first which was not the impression I got when alamy first started chasing infringements. I thought the contract amendment stated we had to let them do it.

Kevin

Section 27. Alamy only reserves the right to pursue. If they don't want to, you can fill your boots.

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I chased up an infringement reported to alamy over a year ago and they said that they had got a new team in place chasing infringements and that the new team had not had it passed to them by the old team and that they would now pass it over to them. The interesting thing that they did say was that we can chase them up ourselves providing we check with alamy first which was not the impression I got when alamy first started chasing infringements. I thought the contract amendment stated we had to let them do it.

Kevin

Same here, very poor, and the 'team' seem to give up at the first hurdle.

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I have just found one of my images in a July 2016 UK magazine but no report of a sale so far! Is this normal or should I be chasing it up? Would grateful for any help.

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Time to let Alamy know. They will like a shot of the usage and any other details you have.

 

Paulette

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It took over 12 months for me to get a result on an infringement that I informed Alamy about where one of their customers appeared to have sub-licenced one of my images to a third party. I chased member services numerous times with no effect. In the end I got so frustrated I went to the top, and I then got a swift conclusion that I was very happy with. It seemed my claim had fallen between the cracks (between old team and new?). Once they got on the case it went well.

 

I've just submitted new claim forms for 8 usages of a single image, some of which I suspect maybe outside the terms of the licence purchased from Alamy. I wait with interest to see how that goes. 

Edited by M.Chapman

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Time to let Alamy know. They will like a shot of the usage and any other details you have.

 

Paulette

 

They will send you a form ("Alamy unauthorised usage form.docx" in MS Word) which needs to be filled in, and they ask for a screenshot or scanned image of the publication.

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I reported one a couple years ago and still haven't heard back.

 

Me too.... :( One Alamy approached me about in January 2016, and another I reported to Alamy in April 2016....Still waiting!

 

Phil

 

 

Mois aussi. I've had a number of instances and no result to date  :(

 

In my experience the sales team are good at chasing the big customers where, presumably, due to errors/pressure of work rather than malice, an invoice has been missed, but real infringements, that's another thing altogether.

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I reported one a couple years ago and still haven't heard back.

 

Me too.... :( One Alamy approached me about in January 2016, and another I reported to Alamy in April 2016....Still waiting!

 

Phil

 

 

Mois aussi. I've had a number of instances and no result to date  :(

 

In my experience the sales team are good at chasing the big customers where, presumably, due to errors/pressure of work rather than malice, an invoice has been missed, but real infringements, that's another thing altogether.

 

 

Sent them a email querying them.... Reply "We have looked into this and the infringement team are still chasing this up for you. Due to a switch over in staffing and processes on the infringement team there have been a few delays but they are working on this for you at the moment and as soon as we have any updates we will let you know."

 

Phil

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I have just found one of my images in a July 2016 UK magazine but no report of a sale so far! Is this normal or should I be chasing it up? Would grateful for any help.

 

I had an unreported magazine use (think it was US though, not sure if it makes a difference), chased it around 4 months after the month of publication and it got added to the sales list more or less straight away. so I'd definitely report it  :) Worst that can happen is they say its too soon! 

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In Jan. '17 it took Alamy 3 weeks in my case.

Looks like I was lucky!

 

At about the same time I resolved another case by myself and the money was paid in few days after my email directly to the thief.

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I chased up an infringement reported to alamy over a year ago and they said that they had got a new team in place chasing infringements and that the new team had not had it passed to them by the old team and that they would now pass it over to them. The interesting thing that they did say was that we can chase them up ourselves providing we check with alamy first which was not the impression I got when alamy first started chasing infringements. I thought the contract amendment stated we had to let them do it.

Kevin

Section 27. Alamy only reserves the right to pursue. If they don't want to, you can fill your boots.

 

 

That's what I thought but MS stated that if I wanted to pursue as long as I confirmed that it wasn't a legitimate sale or in sales path I could do it and not if they didn't want to. In other words the decision was mine and not theirs as long as I checked first. Of course I would choose to chase myself rather than hand over 50% of any infringement fee

Kevin

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I chased up an infringement reported to alamy over a year ago and they said that they had got a new team in place chasing infringements and that the new team had not had it passed to them by the old team and that they would now pass it over to them. The interesting thing that they did say was that we can chase them up ourselves providing we check with alamy first which was not the impression I got when alamy first started chasing infringements. I thought the contract amendment stated we had to let them do it.

Kevin

Section 27. Alamy only reserves the right to pursue. If they don't want to, you can fill your boots.

 

 

That's what I thought but MS stated that if I wanted to pursue as long as I confirmed that it wasn't a legitimate sale or in sales path I could do it and not if they didn't want to. In other words the decision was mine and not theirs as long as I checked first. Of course I would choose to chase myself rather than hand over 50% of any infringement fee

Kevin

 

That's right. It doesn't apply to a third-party lift. As long as MS confirm that, you can release the hounds.

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Thanks for the reminder on this.

An e-mail has just been sent regarding my three o/s issues, all of which are between 13 and 20 months old.

 

I expect the standard form response.

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thanks for the replies guys!

 

as i say first infringement, and i did email and they told me it wasnt in line with the licence they sold etc.

filled form and waiting,

 

in mean time, ive been taking screenshots every day, there is no metadata, been stripped and modified as the image is now a hot spot image (5/6 lil buttons that hover over and take you to different product pages on their site, yes they are selling / commericial).

 

anything more you can suggest i do in mean time myself whilst waiting for alamy to say, yes we will chase or no but feel free yourself lol.

 

as spacecadet suggested, using another usage calculator...and alamy's would IPEC or any route i may go down laugh at a larger sum ? or is it best to use as many as possible and come to some sort of average? or when i say in my case, i use alamy and it was legally licenced there... would they say well what did they charge and i'd be bound by that only?

 

as i say my first infringement, and i guess from reading replies and the forum in general ive been lucky till now, but a good solid understand now would no doubt help when it happens again, note how i said WHEN lol, not if ha

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It's more difficult if you don't have a sales history outside Alamy, or as in my case an infringement settlement history, but what is likely to happen is that the infringer will settle. If your demand is reasonable you may not even have to bargain. But no-one is likely to go to court to admit an infringement and then quibble over the amount of damagesunless you are a very long way apart in your views of the amount due.

Without knowing the nature of the site and the duration of the infringement it's difficut to suggest figures. I've had them from low to high 3 figures but if yours is being used to drive sales it's high value.

Edited by spacecadet

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hi, i too dont have an infringement history, this is the first - either i've been lucky or i simply dont have images appealing till now ha.

 

its a photo of a car, and has been modified so that their are hotspots on the car to click (wheels, body, glass, interior), and is used to sell car cleaning products, eg click on the wheels takes you to the page of wheel cleaners etc. and this image is around 1/4 of page and is on the very first page on the site - the home page.

 

a bit of digging around results in the company behind this brand having others and is a chemical company behind it all with about a dozen sub brands / trading names under them. turnover a couple million last year. i have taken screenshots every day that its been live on their and will wait till next week chase alamy on there dealing with it.

 

 

It's more difficult if you don't have a sales history outside Alamy, or as in my case an infringement settlement history, but what is likely to happen is that the infringer will settle. If your demand is reasonable you may not even have to bargain. But no-one is likely to go to court to admit an infringement and then quibble over the amount of damagesunless you are a very long way apart in your views of the amount due.

Without knowing the nature of the site and the duration of the infringement it's difficut to suggest figures. I've had them from low to high 3 figures but if yours is being used to drive sales it's high value.

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