Telegraph Syndication?

[York Photographer]

Anyone on here had a telegraph story appear on Yahoo?

 

My picture appeared in the Telegraph on Feb 1st

 

http://www.telegraph.co.uk/news/2017/02/01/motorists-spend-four-days-year-looking-parking-space/

 

The story also appears on Yahoo here

 

https://uk.news.yahoo.com/motorists-spend-four-days-looking-085239462.html

 

It's not an RF image and Yahoo are displaying it on their site, and not just providing a link to the story.

 

Interestingly the Yahoo version of the story contains the full picture credit picturesbyrob / Alamy Stock Photo whereas the Telegraph have only credited alamy

 

It would seem to me that as Yahoo is presenting it on their site, to it's readers, it's a separate use of of my RM image.

[spacecadet]

Yes, that's a separate use. The Alamy contract forbids syndication anyway, as it must.

[York Photographer]

Yes, that's a separate use. The Alamy contract forbids syndication anyway, as it must.

 

It would seem that they do this with an awful lot of stories via media zenfs (which appears to be a Yahoo site)

 

The image is hosted at the address below, and not on the telegraph's site

 

http://media.zenfs.com/en-GB/homerun/the_telegraph_818/55573eb84e7f8df6afa8740655605bcd

 

So is Yahoo scraping and nicking news?

[spacecadet]

Put MS onto it.

If they won't act, send yahoo UK a bill if you can find their UK address.

[York Photographer]

A site search of uk.news.yahoo.com reveals they've done this quite a bit!

 

https://www.google.co.uk/search?rlz=1C1GGGE_en-gbGB432GB432&espv=2&q=site%3Ahttps%3A%2F%2Fuk.news.yahoo.com+alamy&oq=site%3Ahttps%3A%2F%2Fuk.news.yahoo.com+alamy&gs_l=serp.3...1784.2519.0.2888.5.5.0.0.0.0.74.302.5.5.0....0...1c.1.64.serp..0.0.0.FGhQWeAl-uo

[York Photographer]

And on www.yahoo.com/news/

 

https://www.google.co.uk/search?rlz=1C1GGGE_en-gbGB432GB432&espv=2&q=site%3Ahttps%3A%2F%2Fwww.yahoo.com%2Fnews%2F+alamy&oq=site%3Ahttps%3A%2F%2Fwww.yahoo.com%2Fnews%2F+alamy&gs_l=serp.3...24801.26160.0.26482.6.6.0.0.0.0.73.382.6.6.0....0...1c.1.64.serp..0.0.0.tKTIHsARNWU

[York Photographer]

Just had this from MS re the telegraph story being lifted including photograph, on Yahoo

 

Hi Rob,

 

Unfortunately we can’t chase this particular usage for you as it is a lifted use.

 

A lifted use is when an entire article including the image has been copied from another website who have licenced the image.

 

We’ve licensed the image to a customer; if another source copies this usage from the customer without their permission then you’re free to follow this up yourself, but we cannot get involved.

 

Thanks

 

 

Alamy Contributor Relations

[Martin P Wilson]

You could try ImageRights to pursue it.

[tarsierspectral]

I also found one my images on their news site.  The credit line reads Photo: Courtesy of MJ Photography.

Are you going to pursue it Rob?

[York Photographer]

I also found one my images on their news site.  The credit line reads Photo: Courtesy of MJ Photography.

Are you going to pursue it Rob?

 

Given the amount of alamy images that yahoo have lifted from the telegraph, I'd have thought that alamy would be more interested in chasing these up, after all they do get 50%.

 

I intend to chase mine as I don't like it when people use my imagery to make money, without paying for the privilege! 

[tarsierspectral]

 

I also found one my images on their news site.  The credit line reads Photo: Courtesy of MJ Photography.

Are you going to pursue it Rob?

 

Given the amount of alamy images that yahoo have lifted from the telegraph, I'd have thought that alamy would be more interested in chasing these up, after all they do get 50%.

 

I intend to chase mine as I don't like it when people use my imagery to make money, without paying for the privilege! 

 

 

How are you intending to do that?

[York Photographer]

Just reported the stolen image via

 

https://ipr.yahoo.com/copyright?.lang=en-IE

 

let's see if they respond

[tarsierspectral]

 

 

 

I also found one my images on their news site.  The credit line reads Photo: Courtesy of MJ Photography.

Are you going to pursue it Rob?

 

Given the amount of alamy images that yahoo have lifted from the telegraph, I'd have thought that alamy would be more interested in chasing these up, after all they do get 50%.

 

I intend to chase mine as I don't like it when people use my imagery to make money, without paying for the privilege! 

 

 

How are you intending to do that?

 

 

When dealing with copyright infringers, I send them an invoice as an out-of-court settlement with the warning that if they don't agree, I hand over this case to the lawyers of Sofam (Belgian equivalent of DACS but they do pursue copyright infringers). Works like a charm.

 

Cheers,

Philippe

 

 

I wouldn't even know who to send the invoice too, Yahoo seems to have many offices.

[York Photographer]

They have a London office

 

5th Floor 125 Shaftesbury Avenue London Greater London WC2H 8AD.

 

Which I will be using to write to their legal department, if some constructive correspondence is not forthcoming.

[York Photographer]

Just had this from Yahoo legal dept

 

Dear Robert,

 

We write in relation to your copyright query concerning the usage of your photo. 

 

Please be aware that the content in question was supplied by The Telegraph. As such you will need to contact the Telegraph directly in relation to this matter, to clarify the permissions regarding the usage of your photo.

 

Yours sincerely,

 

the license details where

 

Country: Worldwide
Usage: Editorial
Media: Editorial website
Industry sector: Media, design & publishing
Image Size: Any size
Start: 01 February 2017
End: 01 February 2022
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

 

It would seem to me that the Telegraph have syndicated this story and picture

[spacecadet]

That is a fob-off. The Alamy client contract precludes syndication, as it must, but even so, under English law, if Yahoo make it appear on your monitor, Yahoo infringe. They may have a case against the Telegraph for supplying them material they weren't licensed to syndicate, but it's no defence.

So, you may have two parties to sue. Of course, they're wrong, the photograph wasn't supplied by the Telegraph, it was supplied by you.

[York Photographer]

That is a fob-off. The Alamy client contract precludes syndication, as it must, but even so, under English law, if Yahoo make it appear on your monitor, Yahoo infringe. They may have a case against the Telegraph for supplying them material they weren't licensed to syndicate, but it's no defence.

So, you may have two parties to sue. Of course, they're wrong, the photograph wasn't supplied by the Telegraph, it was supplied by you.

 

It would seem to me that both parties are at fault, watch this space!

[Cofiant]

Heres a link to the Telegraphs terms and conditions if its any help

 

http://www.telegraph.co.uk/topics/about-us/3692012/Terms-and-Conditions.html

[spacecadet]

The conditions don't affect the contract between Alamy and the Telegraph.

3.13 The Image(s) may not be sublicensed, resold or otherwise made available for use or distribution separately

[York Photographer]

The conditions don't affect the contract between Alamy and the Telegraph.

3.13 The Image(s) may not be sublicensed, resold or otherwise made available for use or distribution separately

 

That's the phrase that pays in this instance

[York Photographer]

Just had this from MS regarding the statement from Yahoo

 

 

Hi Rob,

 

Lots of newspapers will have syndication deals with other sites to allow them to re-use their content.

 

The basic rule is, with a few minor exceptions, if an organisation wants to make a copy of a published work it will need permission from the copyright owner. In the case of newspapers, this is granted by individual publisher permission (The Telegraph) or a NLA (Newspaper Licensing Agency) issued licence.

 

If you would like to chase this up further to check if Yahoo have a license from the Telegraph or the NLA to use the article then you will need to contact the Telegraph directly, but we cannot get involved.

 

[Martin P Wilson]

 

Just had this from MS regarding the statement from Yahoo

 

 

Hi Rob,

 

Lots of newspapers will have syndication deals with other sites to allow them to re-use their content.

 

The basic rule is, with a few minor exceptions, if an organisation wants to make a copy of a published work it will need permission from the copyright owner. In the case of newspapers, this is granted by individual publisher permission (The Telegraph) or a NLA (Newspaper Licensing Agency) issued licence.

 

If you would like to chase this up further to check if Yahoo have a license from the Telegraph or the NLA to use the article then you will need to contact the Telegraph directly, but we cannot get involved.

 

 

But I thought Alamy terms and conditions prohibited syndication without a licence?If it doesn't then there is minimal protection for contributors.

[spacecadet]

That is worrying from Alamy. They need to clarify the syndication angle- does the Alamy EULA allow it or not? The "copyright owner" of the image is you. That's an incomplete explanation.

[York Photographer]

The whole situation is unacceptable. So according to MS they can license a rights managed image, and re sell the story anywhere they like, for $6. Yet if they want to use the same image in another story they have to re license it.

 

Beyond a joke!

[KWheal]

 

 

Just had this from MS regarding the statement from Yahoo

 

 

Hi Rob,

 

Lots of newspapers will have syndication deals with other sites to allow them to re-use their content.

 

The basic rule is, with a few minor exceptions, if an organisation wants to make a copy of a published work it will need permission from the copyright owner. In the case of newspapers, this is granted by individual publisher permission (The Telegraph) or a NLA (Newspaper Licensing Agency) issued licence.

 

If you would like to chase this up further to check if Yahoo have a license from the Telegraph or the NLA to use the article then you will need to contact the Telegraph directly, but we cannot get involved.

 

 

 

I keep re-reading this, and maybe I'm being stupid, but aren't YOU the copyright owner? No matter what any contract says between a newspaper and another company, the image itself is YOUR copyright. A newspaper hasn't purchased a license to resell your images - They have purchased a license to use that image for their one single article. Is that not right? I'm far from an expert on these legal matters but it seems fishy to me.

 

It's similar to an image of mine that was sold a couple of years ago to Yell, and for even less than you received. It's been used by several other companies since on their own websites, yet Alamy CR told me that the license covers this use, as the others websites are "powered by Yell" (I guess that means they paid Yell to create the code?). I didn't argue about it but I am mystified how this is possible, and why Alamy allow such licensing.

 

Is this another case of the client dictating terms and getting whatever they demand, however insulting to the image creators?

 

Geoff.

 

 

I had several images licensed to yell for a pittance like you did. Those images are then used by yell to build websites for clients using their templates and I am sure their income was a darn site more than what I received (and other contributors received) for the use of our images. Unfortunately much like the newspaper deal to the individual photographer the income is a pittance but when taken as a whole alamy probably had a nice little earner out of it assuming yell bought a few thousand images to stock their own bank of images. Is that a form of sublicensing...... yes. Is it probably covered in alamys licence with yell.... again, probably yes. In other words 3.13 The Image(s) may not be sublicensed, resold or otherwise made available for use or distribution separately probably has a bit missing at the end which probably states ​unless permitted within the body of the license