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Getty images infringed my copyright

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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??

The short answer is yes, you need to chase this further; are you resident in the UK? I ask only because you're posting in the UK section of these forums, so I want to be sure before offering up options on what you could do next.

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

If you can hang fire until Monday, I can offer you up some of the pros/cons of taking on a solicitor vs. self-representation. The latter is actually quite easy in the UK courts, because Copyright claims can fall under the small claims process, which amply allows for self-representation. That aside, let me know if you live a reasonable distance from central London, as an IPEC (intellectual Property and Enterprise Court) filing may be even better for you - and again, they have a 'fast track' for small claims, and allow self-representation in those cases.

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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