Kodakone asking payment for copyright infrigement
Posted: Thu Sep 03, 2020 11:45 pm
I received a letter form this company
Dear Sir or Madam,
We are writing to you with regards to an unlicensed use of our client’s work on your website. Alex Segre holds the exclusive rights to an image published on londonapartmentreservations.com for which they are unable to verify a license.
KODAKOne helps image users and rightsholders resolve the unauthorized use of copyrighted works by offering retroactive licensing as an alternative to legal dispute.
Ordinarily, copyright disputes are resolved between copyright lawyers and image users who find themselves in drawn-out discussions and settlement negotiations. Lacking the necessary legal expertise, this often leaves publishers subject to inflated settlements much higher than a standard license fee.
We understand that many image users online are not copyright experts. Our aim is to help rightsholders receive fair compensation and ensure image users are not over-burdened by large legal settlements. In this way, KODAKOne represents the interests of both parties to reach a swift, inexpensive, and fair resolution to copyright disputes.
Our innovative Post-Licensing service provides both parties with the tools and expertise to resolve such cases whilst minimizing the costs and time associated with copyright dispute. Rather than negotiating large settlements, we offer cost-effective retroactive licenses as the simplest solution.
Removal of the image(s) will not close this case. By purchasing a Post-License, you can immediately resolve the unlicensed use and bring this matter to a close. Please confirm so that we may prepare a final invoice for you which contains all the necessary details to make payment including a link to our online payment portal.
By acquiring a license, you are also helping to ensure photographers can receive fair pay for their work and keeping the creative economy alive.
The KODAKOne Post-licensing Team
I asked if they have the copyright for the photo - they replied
We have already provided the Authorization Letter, signed by our client, which sanctions us to detect unlicensed use of their work online and offer retroactive licensing on their behalf. Please see it attached again here for your convenience. Alex Segre's images are not copyright registered but this is not a requirement for their copyright to subsist in the work or for them to receive compensation as per UK law.
Same photo is for sale in shutterstock for 9.80 euros so I offered 15 euros
their reply - This image is not available for purchase on Shutterstock so the license rates you quote are not relevant with regards to this case. ( which is not correct)
they also say - To clarify, we are not offering a standard image license that can be purchased from Shutterstock, but offering a retroactive license which legalizes an infringement which has already occurred.
to summarise
- I have replied to their letters in a timely manner
- I have removed the photo in questions so there is no flagrancy
- This company is acting on behalf of the photographer - like a lawyer
- the fee demanded is exorbitant. ( 615,00 euros) How they arrived to this figure they ignored the question
- the photo is also for sale in shutterstock - first they said no it is not - I wrote with a page print and now they replied - we are not offering a standard image license that can be purchased from Shutterstock, but offering a retroactive license which legalizes an infringement which has already occurred.
Normally When a photographer signs up with a stock agency he or she will be required to assign
his rights to the agency and thus the agency can then take action against any alleged infringement. but in this case this company got involved
By the way, the photo in questions is the photo of Exterior of The Selfridges Store in London so it is a landmark and not a person
I hope somebody can help me on this
regards
Hakan
Dear Sir or Madam,
We are writing to you with regards to an unlicensed use of our client’s work on your website. Alex Segre holds the exclusive rights to an image published on londonapartmentreservations.com for which they are unable to verify a license.
KODAKOne helps image users and rightsholders resolve the unauthorized use of copyrighted works by offering retroactive licensing as an alternative to legal dispute.
Ordinarily, copyright disputes are resolved between copyright lawyers and image users who find themselves in drawn-out discussions and settlement negotiations. Lacking the necessary legal expertise, this often leaves publishers subject to inflated settlements much higher than a standard license fee.
We understand that many image users online are not copyright experts. Our aim is to help rightsholders receive fair compensation and ensure image users are not over-burdened by large legal settlements. In this way, KODAKOne represents the interests of both parties to reach a swift, inexpensive, and fair resolution to copyright disputes.
Our innovative Post-Licensing service provides both parties with the tools and expertise to resolve such cases whilst minimizing the costs and time associated with copyright dispute. Rather than negotiating large settlements, we offer cost-effective retroactive licenses as the simplest solution.
Removal of the image(s) will not close this case. By purchasing a Post-License, you can immediately resolve the unlicensed use and bring this matter to a close. Please confirm so that we may prepare a final invoice for you which contains all the necessary details to make payment including a link to our online payment portal.
By acquiring a license, you are also helping to ensure photographers can receive fair pay for their work and keeping the creative economy alive.
The KODAKOne Post-licensing Team
I asked if they have the copyright for the photo - they replied
We have already provided the Authorization Letter, signed by our client, which sanctions us to detect unlicensed use of their work online and offer retroactive licensing on their behalf. Please see it attached again here for your convenience. Alex Segre's images are not copyright registered but this is not a requirement for their copyright to subsist in the work or for them to receive compensation as per UK law.
Same photo is for sale in shutterstock for 9.80 euros so I offered 15 euros
their reply - This image is not available for purchase on Shutterstock so the license rates you quote are not relevant with regards to this case. ( which is not correct)
they also say - To clarify, we are not offering a standard image license that can be purchased from Shutterstock, but offering a retroactive license which legalizes an infringement which has already occurred.
to summarise
- I have replied to their letters in a timely manner
- I have removed the photo in questions so there is no flagrancy
- This company is acting on behalf of the photographer - like a lawyer
- the fee demanded is exorbitant. ( 615,00 euros) How they arrived to this figure they ignored the question
- the photo is also for sale in shutterstock - first they said no it is not - I wrote with a page print and now they replied - we are not offering a standard image license that can be purchased from Shutterstock, but offering a retroactive license which legalizes an infringement which has already occurred.
Normally When a photographer signs up with a stock agency he or she will be required to assign
his rights to the agency and thus the agency can then take action against any alleged infringement. but in this case this company got involved
By the way, the photo in questions is the photo of Exterior of The Selfridges Store in London so it is a landmark and not a person
I hope somebody can help me on this
regards
Hakan