Hi,
Had a message about a copyright infringement, not sure who put it on our website (a non-profit CIC) but we've taken it down and I'm hoping we'll counter with the license costs + goodwill as per other cases.
I'm reading through posts here and will write more with details of their claim, and our attempt at a response for advice, but have an initial question that I haven't come across an answer to.
Given the 'criticism' section on Alamy's wikipedia entry and this sentence "Alamy has been criticized for claiming copyright of public domain or otherwise freely licensed images" - is it reasonable to ask for proof that they hold the rights to claim for this image and what would their proof of being able to do so look like?
Happy to share the image on the alamy site, but just wanted to check that's allowed here first, the contributor is listed as "FoodStock / Alamy Stock Photo"
Many thanks,
Alamy copyright infringement - confirming their entitlement to ask for
Re: Alamy copyright infringement - confirming their entitlement to ask for
Hi hug and welcome to the forum,
Yes you should cetainly ask Alamy for evidence that they represent the owner of the copyright in the image concerned. Since they are a picture agency and don't directly employ any photographers I think it is unlikely that they wil 'own' the copyright in anything for which they are merely the agents to sell licences. That said, in the vast majority of cases they will be acting legitimately on behalf of their clients who do own the copyright. Since they are not, by definition exclusive licencees, they cannot commence legal proceedings - that is a right reserved to the copyright owner alone - see section 96 of the Copyright Designs and Patents Act 1988.
I don't think it is necessary to post a link to the image here. We cannot advise you on how to conduct any litigation in your specific case and providing a link here would possibly draw the attention of Alamy to your posting, and your declared strategy for how you intend to deal with the claim.
Yes you should cetainly ask Alamy for evidence that they represent the owner of the copyright in the image concerned. Since they are a picture agency and don't directly employ any photographers I think it is unlikely that they wil 'own' the copyright in anything for which they are merely the agents to sell licences. That said, in the vast majority of cases they will be acting legitimately on behalf of their clients who do own the copyright. Since they are not, by definition exclusive licencees, they cannot commence legal proceedings - that is a right reserved to the copyright owner alone - see section 96 of the Copyright Designs and Patents Act 1988.
I don't think it is necessary to post a link to the image here. We cannot advise you on how to conduct any litigation in your specific case and providing a link here would possibly draw the attention of Alamy to your posting, and your declared strategy for how you intend to deal with the claim.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: Alamy copyright infringement - confirming their entitlement to ask for
Thanks so much for the speedy response and welcome Andy, hugely appreciated. Apologies I didn't see the reply straight away, I'll turn on notifications.
Do you have any opinion on whether they're required to protect the identify of the copyright image (data protection) or provide contact information? Perhaps neither?
I'm wondering whether there's some way to contact the copyright owner to ask for retroactive permission (forgiveness?).
Or does alamy still have a case for the licensing fee they lost, even in that situation?
Could I also just check on " Since they are not, by definition exclusive licencees?" Is this definitely true, is it possible they could be, or just unlikely because they're not photographers.
I appreciate it's unlikley but for my learning on the subject, can a photographer sell or transfer the copyright under uk law? I presume they can give a sole exclusive license?
Do you have any opinion on whether they're required to protect the identify of the copyright image (data protection) or provide contact information? Perhaps neither?
I'm wondering whether there's some way to contact the copyright owner to ask for retroactive permission (forgiveness?).
Or does alamy still have a case for the licensing fee they lost, even in that situation?
Could I also just check on " Since they are not, by definition exclusive licencees?" Is this definitely true, is it possible they could be, or just unlikely because they're not photographers.
I appreciate it's unlikley but for my learning on the subject, can a photographer sell or transfer the copyright under uk law? I presume they can give a sole exclusive license?
Re: Alamy copyright infringement - confirming their entitlement to ask for
Hi hug,
I can't see any justification under data protection law which would prevent Alamy from divulging the name of the copyright owner, especially as this information is/was probably available on the Alamy listing for the image. Whether Alamy choose to provide the copyright owner's name is a different mater. If you do discover his/her name and contact details, then you could cetrainly try approaching them directly.
An exclusive license grants someone the sole right, excluding even the actual copyright owner, to exploit the copyright work economically. Because Alamy act as agents for the photographer with the intention of selling licences to third parties they can't be the exclusive licencee.
Alamy will have certainly lost out on their share (their commission) if a licence was not legitimately obtained, but this doesn't give them any rights to sue under copyright law.
And yes a photographer can sell or transfer his copyright to someone else - this is known as an assignment - and the law requires that this is done in writing (see section 90 CDPA). Obviously in doing so they give up all their economic rights to the work concerned, but they retain all moral rights, which are not assignable.
I can't see any justification under data protection law which would prevent Alamy from divulging the name of the copyright owner, especially as this information is/was probably available on the Alamy listing for the image. Whether Alamy choose to provide the copyright owner's name is a different mater. If you do discover his/her name and contact details, then you could cetrainly try approaching them directly.
An exclusive license grants someone the sole right, excluding even the actual copyright owner, to exploit the copyright work economically. Because Alamy act as agents for the photographer with the intention of selling licences to third parties they can't be the exclusive licencee.
Alamy will have certainly lost out on their share (their commission) if a licence was not legitimately obtained, but this doesn't give them any rights to sue under copyright law.
And yes a photographer can sell or transfer his copyright to someone else - this is known as an assignment - and the law requires that this is done in writing (see section 90 CDPA). Obviously in doing so they give up all their economic rights to the work concerned, but they retain all moral rights, which are not assignable.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007