Messages

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UK Getty Images Letter Forum / Re: Getty images infringed my copyright

« on: January 01, 2019, 06:27:33 PM »

Thanks victim2. In summary, I have proof that Getty knew the contract had ended as I wrote to them. EyeEm, through their legal counsel, claimed retrospectively that it was down to a 'technical problem'.

I have now had problems with licensing with 500px, EyeEm and Getty and feel that Shutterstock and Alamy do not offer enough money for image licensing to make it worthwhile chasing down any copyright infringement. Picfair seems to be the best of the current market. Although I have no sales with PicFair and maybe Stocksy is better.

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UK Getty Images Letter Forum / Re: Getty images infringed my copyright

« on: October 11, 2018, 06:36:46 AM »

Hi Ivo, curious why you terminated your contract with Getty?

I had a contract with EyeEm, who partner with Getty Images.

You mentioned poor business practice citing lack or delay in payments?

The situation started when a Google Image search and Pixsy search showed my photo in use globally by Kayak.com. I had not received any payment for the photograph. I contacted Kayak.com who after a delay said that they had purchased the photograph from EyeEm. EyeEm had not confirmed sale with me or processed any payment for the photograph. They then confirmed a sale and processed it some 2 months after the photograph was in use. The EyeEm contributor contract meant that EyeEm could sell any contributors photograph for any amount they decide with a partner as long as the contributor received 50% of the royalties. This meant that the licensing fees advertised for contributors on the website were not what you would typically receive as they had separate agreements with partner websites. These partner agreements are not declared at any point to contributors or even after raising a concern (as in my case). EyeEm did not want to reveal anything regarding their agreement with Kayak.com despite this poor business practice and lack of payment prior to global use. As EyeEm did not reassure me regarding their business practices or licensing agreements with their partner Kayak, and did not want to explain how my payment was 'delayed' (after extensive correspondence), I decided to terminate my contract with EyeEm and take control back of all of my photographs.

Did you also use Getty to file lawsuits or send demand letters for copyright infringement?

I have never used Getty Images to file lawsuits and have never had a contract with Getty Images. I have sent demand letters for copyright infringement of my photographs. However, only to companies who are using my photographs illegally for profit.

I did contact Getty Images to ask whether they want to continue selling my photographs (which they had chosen from EyeEm) after my EyeEm contract terminated. They simply referred me to their contributor upload site which requires you to upload 10 photographs for evaluation (clearly they had already evaluated my photographs and sold them on behalf of the EyeEm contract). I declined to resubmit.

I now use Picfair which allow you to price your own photographs and take 80% of the overall royalties.

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UK Getty Images Letter Forum / Re: Getty images infringed my copyright

« on: October 01, 2018, 10:37:20 AM »

Any updates would be most appreciated?
What are the pros and cons for proceeding with solicitor vs self-representation?

Ivo

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UK Getty Images Letter Forum / Re: Getty images infringed my copyright

« on: September 15, 2018, 12:30:54 AM »

Of course, I can hang on till Monday. Thanks for the help. Living in Plymouth, which is a fair way from London. Any advice appreciated.

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UK Getty Images Letter Forum / Re: Getty copyright infringement of my photograph

« on: September 14, 2018, 07:12:49 AM »

Yes. UK resident/passport holder.
Any tips or straight to intellectual property lawyer?
Thanks
Ivo

6

UK Getty Images Letter Forum / Getty images infringed my copyright

« on: September 13, 2018, 01:52:55 AM »

I am a UK based amateur photographer.

I had a contract with EyeEm which I terminated in Feb 2018 due to their poor business practices (not paying royalties for photographs for many months). EyeEm partnered with Getty Images, who then sold my photographs, and gave me a percentage of the proceeds. This was all within the legal asepcts of the EyeEm contract.

However, my termination of the contract with EyeEM, stopped EyeEm partners (including Getty Images) from being able to sell my photographs after the 9th April 2018 (60 days post termination of contract).

Google Image search and Pixsy identified that Getty Images were selling one of my photographs on all of their domains at the end of May 2018. (They had removed the other photographs from their domains worldwide)

I sent Getty a letter demanding a settlement payment for attempting to sell my photograph, without any contract, on all of their worldwide domains, and to forward any proceeds related to the photograph to me. They removed the photograph, but have not responded to my emails, despite multiple requests over the last 2 months.

How would you proceed? Any tips? Can Getty be made to pay for copyright infringement where they are trying to make money from my photograph without any way of paying me?

Meanwhile, EyeEm contacted me (on behalf of Getty Images - their partner) and have admitted that Getty Images wherein breach of copyright due to a technical problem between the companies. They claim on Getty's behalf that no licences were sold so there is no damages to claim for. Should I chase Getty further??