spacecadet Posted April 10, 2017 Share Posted April 10, 2017 The Yell ones have to have it permitted by the licence, they're bought by Yell for that purpose. The newspaper ones don't have to, and we've been assuming they don't but we may be wrong. It would be nice to have a correct and comprehensive answer so the OP knows wheter he can sue Yahoo (and the Telegraph) for infringement or whether he can't. It's not a complicated or expensive process nowadays. Link to comment Share on other sites More sharing options...
York Photographer Posted April 11, 2017 Author Share Posted April 11, 2017 The Plot Thickens! Just had this from the Telegraph Dear Mr. Cook, Thank you for your email regarding usage of you images. I have checked this back internally with the relevant team and would suggest that you contact Alamy directly in the first instance regarding this issue. Our contract and terms are agreed with them directly for onward distribution. With kind regards, Sophie So Alamy say they can't get involved as it's lifted, Yahoo say The Telegraph supplied the Story and Picture, and the Telegraph say their Terms with Alamy cover it What a state this industry is in! All I know is I got $3 after commision, with a License described in my Sales History as "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" Just to reiterate, the picture is offered as RM on alamy, and hosted on a Yahoo domain, not the Telegraphs in the context of Yahoo's use https://uk.news.yahoo.com/sy/ny/api/res/1.2/AhOSyU9VqVWXjsRDp.zOtQ--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9ODAw/http://media.zenfs.com/en-GB/homerun/the_telegraph_818/55573eb84e7f8df6afa8740655605bcd Link to comment Share on other sites More sharing options...
Martin P Wilson Posted April 11, 2017 Share Posted April 11, 2017 We need a statement from Alamy as to whether they allow onward syndication by licencees, and under what circumstances. I suspect if they do that will be a serious problem for many, perhaps most, professional contributors. If Alamy are allowing syndication then they are cannibalising their own income, and ours! The whole point of stock is shoot once, licence many; not licence once publish freely. Alamy, can we have an urgent official statement please! BTW I would bet that The Daily Telegraph is making money from syndication to Yahoo, and others! Link to comment Share on other sites More sharing options...
Martin P Wilson Posted April 11, 2017 Share Posted April 11, 2017 Oops! Link to comment Share on other sites More sharing options...
York Photographer Posted April 11, 2017 Author Share Posted April 11, 2017 Just in from Alamy Hi Rob Apologies for the confusion. We have spoken with the Telegraphs account manager and they have confirmed that as the use on the Yahoo website clearly links back to the Telegraph then it is included within the license. If there was no link back to the original article then it would be an infringement. Thanks, The second use is clearly on a Yahoo domain https://uk.news.yahoo.com/motorists-spend-four-days-looking-085239462.html and the image is hosted on a Yahoo domain https://uk.news.yahoo.com/sy/ny/api/res/1.2/AhOSyU9VqVWXjsRDp.zOtQ--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9ODAw/http://media.zenfs.com/en-GB/homerun/the_telegraph_818/55573eb84e7f8df6afa8740655605bcd Not linked back to the original Telegraph story in any way Link to comment Share on other sites More sharing options...
Phil Crean Posted April 11, 2017 Share Posted April 11, 2017 Just in from Alamy Hi Rob Apologies for the confusion. We have spoken with the Telegraphs account manager and they have confirmed that as the use on the Yahoo website clearly links back to the Telegraph then it is included within the license. If there was no link back to the original article then it would be an infringement. Thanks, The second use is clearly on a Yahoo domain https://uk.news.yahoo.com/motorists-spend-four-days-looking-085239462.html and the image is hosted on a Yahoo domain https://uk.news.yahoo.com/sy/ny/api/res/1.2/AhOSyU9VqVWXjsRDp.zOtQ--/YXBwaWQ9aGlnaGxhbmRlcjtzbT0xO3c9ODAw/http://media.zenfs.com/en-GB/homerun/the_telegraph_818/55573eb84e7f8df6afa8740655605bcd Not linked back to the original Telegraph story in any way So by their own definition it is an infringement..... Phil Link to comment Share on other sites More sharing options...
Martin P Wilson Posted April 11, 2017 Share Posted April 11, 2017 RM has become a joke Cheers, Philippe Stock photography has become a joke, not just RM. Link to comment Share on other sites More sharing options...
York Photographer Posted April 11, 2017 Author Share Posted April 11, 2017 It's not like the Telegraph and Yahoo are owned by the same company, and their affiliated. Blatant 2nd use of the image, hosted on a separate server, and web page. MS thought it was lifted, now they think it's a link. What next? A share via Facebook? Link to comment Share on other sites More sharing options...
York Photographer Posted April 12, 2017 Author Share Posted April 12, 2017 Just opted out of The Newspaper Scheme, $6 is pitiful for use on Multiple Global websites Link to comment Share on other sites More sharing options...
Marianne Posted April 13, 2017 Share Posted April 13, 2017 Good luck getting this resolved! Opting out shouldn't have to be the answer. Link to comment Share on other sites More sharing options...
Chuck Nacke Posted April 13, 2017 Share Posted April 13, 2017 Rob, BTDT, and still have an infringement outstanding with Yahoo. It is sad and if you can I would strongly recommend talking with a good lawyer. It will not an easy go and you will need to make a solid case. I also do not know about UK copyright law. Link to comment Share on other sites More sharing options...
York Photographer Posted April 13, 2017 Author Share Posted April 13, 2017 The News Opt in/Out contains this text This may involve Alamy being paid a monthly fee. This revenue will then be divided per image downloaded in that month. (number of downloads are capped for each scheme) Link to comment Share on other sites More sharing options...
spacecadet Posted April 13, 2017 Share Posted April 13, 2017 Rob, BTDT, and still have an infringement outstanding with Yahoo. It is sad and if you can I would strongly recommend talking with a good lawyer. It will not an easy go and you will need to make a solid case. I also do not know about UK copyright law. We have a small claims process for copyright. It's pretty straightforward. If YP can get Alamy to say that the licence doesn't include syndication to Yahoo, it's pretty much a slam-dunk AFAICS, probably against the Telegraph AND Yahoo. Link to comment Share on other sites More sharing options...
Jon Lewis Posted April 13, 2017 Share Posted April 13, 2017 Hi All Have you seen this in the lets talk about pictures the Telegraph is behind this. Has your local newspaper started a Facebook Camera Club? Jon Link to comment Share on other sites More sharing options...
spacecadet Posted April 14, 2017 Share Posted April 14, 2017 That's a different Telegraph. Link to comment Share on other sites More sharing options...
Chuck Nacke Posted April 15, 2017 Share Posted April 15, 2017 Mark, My outstanding invoice to Yahoo is much more than what is allowed by "Small claims" In the U.S. the unlicensed use of a copyrighted image starts at $175,000.00 + lawyers fees Link to comment Share on other sites More sharing options...
spacecadet Posted April 15, 2017 Share Posted April 15, 2017 We don't have copyright registration here, so no statutory damages, but small claims goes up to £10,000 and of course legal fees can't be claimed. My point is, assuming there is a breach of the licence, OP can make a claim in the high hundreds to which there is no defence in law. No company will go to court just to argue the level of damages if they can't get their legal costs back. They will settle. Link to comment Share on other sites More sharing options...
Hellonearth Posted April 15, 2017 Share Posted April 15, 2017 Forgive my ignorance on these matters but I have just had a photo published on the BBC web site for which I have yet to see any acknowledgement in Alamy http://www.bbc.com/travel/story/20170317-living-in-h-ch-minh-city Credit is kevinhellon/alamy I have also noticed that the same article and photos are also published as below http://www.todayevery.com/share/ByljibpHhe?hint=20170317-living-in-h-ch-minh-city/story http://ysaustralia.com/articles/1836 http://asean.dla.go.th/public/knowledgeArticle.do?cmd=article&category=4&nid=107&lang=en&random=1490595409856 http://ceylon-ananda.com/though-many-travellers-might-be-shocked-the-first-time-they-visit-vietnams-chaotic-biggest-city-ho-chi-minh-city-is-beloved-by-residents-as-a-place-of-surprising-calm-and-order/ What can I expect from Alamy when notification of a sale comes through? The photo license is rights managed. The list of sites also appears to be growing! Kevin Link to comment Share on other sites More sharing options...
spacecadet Posted April 15, 2017 Share Posted April 15, 2017 The bbc use will be reported within about 3 months. The others are infringements. Link to comment Share on other sites More sharing options...
Hellonearth Posted April 15, 2017 Share Posted April 15, 2017 The bbc use will be reported within about 3 months. The others are infringements. Thank you for your reply. Any suggestions on what to do about the infringements? regards Kevin Link to comment Share on other sites More sharing options...
spacecadet Posted April 15, 2017 Share Posted April 15, 2017 I don't bother about them. Well, I'm bothered, but that's different. You could try DMCA notices if the ISP is in the US, but as I said, I don't. Link to comment Share on other sites More sharing options...
tarsierspectral Posted April 15, 2017 Share Posted April 15, 2017 The bbc use will be reported within about 3 months. The others are infringements. Thank you for your reply. Any suggestions on what to do about the infringements? regards Kevin What's your infringement? Link to comment Share on other sites More sharing options...
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