I recently spotted a double use of one of my images on a commercial website belonging to a small business. I initially made contact by email, asking where they licensed the image and received the following reply -
"I have had the image online for a wee while and never thought I had upset anyone at all. The image was downloaded from elsewhere (of which I cannot recall) . . . I was totally unaware of a license needed."
He offered to take the images down or credit the image, whichever I preferred.
I then sent an invoice for a retrospective licence by recorded delivery. It was returned to me today by the postie, the letter having failed to be delivered and not collected.
What's my next step? Can I just email him the invoice and threaten with the Small Claims Court if it's not paid within 7 days?
Cheers
David Robertson
Successful outcome.
I just wanted to thank all those who offered advice and to let you know that I have received a cheque for payment of the retrospective licenses (it may bounce, of course!).
In the end I settled for £40 for each infringement but I did secure a further trade-show display use for £400. In the end, he is relieved and I'm satisfied with £480.
In the meantime I have received another retrospective license fee. The infringer paid up immediately after I spotted the illegal use using Tineye.
Regards
David
Thanks for the update on IPP but more information on the site would be reassuring for anyone thinking of using them, as you say "Their site is offputtingly short on detail which always creates trust and credibility issues on the web" hence my comments.
I stand corrected and good to know it's a genuine service.
Their site is offputtingly short on detail which always creates trust and credibility issues on the web. However, having asked, several EPUK members have ongoing cases with IPP and are happy with progress so far. IPP is run by Dave Tyler, an ex-photographers' rep, and the lawyer is Scott Davies who reportedly seems pretty effective.
©A admin
Personally I wouldn't touch IPP with a barge pole, especially with the 'lack' of information on the site, the domain is registered to the 'web design' company in the footer and also and find it strange that a company with statements such as:
"IPP has over 30 years experience in the advertising business working specifically with Photographers, Advertising Agencies and Direct Clients. Advising on IP law, negotiating usage fees and the periods of use for images produced."
do not have the domain registered to themselves and have a better site (the current site is using templates!!!) than what is there, I haven't heard of them before, has anyone else?
"BTW, if you login your comments will appear immediately rather than going into an approval queue. Sorry for the delay on that last one. "
No problem, it was my fault. As soon as I had posted I realised I was not logged on.
I'll keep you posted with progress.
David
I have not heard of IPP, will see if I can find out anything, but they look interesting.
BTW, if you login your comments will appear immediately rather than going into an approval queue. Sorry for the delay on that last one.
©A admin
Thanks to you both for your help.
I have used the wayback site and it looks as though the image was first used in October 2006 (the picture does not display, presumably because the link has changed. Image size and surrounding text is the same).
I also have a screen grab and have printed it.
I don't know whether its worth the bother but I don't want him to get away with it. I guess if he takes legal advice I will lose at the Small Claims Court. So, I reckon I'll threaten him with a solicitor.
Has anyone any views on these people? - IPP, http://ipprotection.net/index.php
Cheers
David
There is a potential problem which is that the 'client' may contest the invoice on the grounds that they never agreed to it. This is valid, you cannot impose a contract. The small claims court may then throw out your claim and your Late Payment of Commecial Debt charges and interest. You will then be back to square one, and faced with having to sue for infringement.
This infringer sounds slippery. Their assertion that they 'didn't realise a license was necessary' is unlikely to be true, but their refusal of your recorded delivery letter undermines their claim to be acting in good faith, so keep it. Or maybe the address was wrong? In which case you need to do more digging.
What I'd do at this point is to write again offering a retrospective license as a cheap and easy resolution, but 'if within 7 days you do not accept this proposal I shall withdraw the offer of a retrospective licence and pass the matter to solicitors to issue proceedings for breach of copyright, costs and damages, including but not limited to, flagrancy of abuse.'
Head the letter 'Without prejudice save as to costs' and send by recorded delivery and email (since Mr Evasive apparently returned your earlier signed-for mail). Alternatively deliver it by hand or get someone local to do so.
If that doesn't produce a response you will need to get a solicitor involved. There are now some who will take infringement cases on a no-win no-fee basis (ask here, we may be able to suggest a firm), or if you are an NUJ member they will pursue the case at no cost to the member (although we aren't convinced NUJ lawyers won't settle too soon and cheaply).
All this does rather presuppose that the infringement is worth chasing.
©A admin
"What's my next step? Can I just email him the invoice and threaten with the Small Claims Court if it's not paid within 7 days?"
Probably. I would.
What I would also do is obtain a screen grab of the web page with the offending use to show the court. DO you have one?
If not, use the internet wayback machine http://www.archive.org/index.php to see if you can find it there, even though it's currently gone.
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