PA Media infringment

If you are worried about infringement or your work has been copied and you want to take action.
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Ianf
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PA Media infringment

Post by Ianf »

Hello all,

This seems to get posted by quite a few people it seems but i thought i'd ask again as there doesn't seem to be many about PA Media.

My partner just received an email from PA Media over the use of 1 image on her personal blog (that doesn't make her any money/advertise etc) that is in breach of copywrite and she will need to pay the license fee plus administration costs etc. this comes to just under £800 which is utterly ridiculous.

I have been onto their website and found the image and the fee to license it and it comes to £29.99

what are others outcomes when refusing to pay this insane amount and offering to pay the correct license fee and remove the image?

or do others have any advice otherwise?
bullnation
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Re: PA Media infringment

Post by bullnation »

Hi Ian,

I have received a similar email this week.

I wondered how your experience has panned out?

Thanks
IPMatters
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Re: PA Media infringment

Post by IPMatters »

Hello,

The only advice I can offer you both is to ask them for a breakdown of the costs.
What sections of the cdpa (copyright, design and patent act 1988) are stated for example? Also, you mention administration costs. These wouldn't I believe hold up in Court. That is unless the claimant argues that you have been unreasonable, stalling for example, thus adding extra time to the infringement case. So get that removed from the claim.

To argue that you made no money from it doesn't help the case I'm afraid. Nor is innocence a defence in law.

Do try and think of it the other way 'round though. With each person who takes images from a Google search, and publishes wihout paying, this means less income for the creative person who took it. Afterall this is how they make their money, pay the bills etc. Photographers therefore have the right to seek cost for the loss of a license fee (which this is) and furthermore claim for damages.

I am no legal Eagle, but do know my way around the IPEC court system. If I can help further, I would be happy to give it a go!
Karaokekev1
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Re: PA Media infringment

Post by Karaokekev1 »

yip me too, on my website, I posted a pic of Blackpool to say I was visiting Blackpool showcase for couple of nights. few weeks later almost 500 quid demanded, I replied, hang on a minute, this was an alamy image, they are connected to getty, I subscribe to getty images via a poster creator app at 9.99 pcm? the image from my app provider was 99% same when I checked (and sent it to him) except people were walking and were a bit further along than the getty one on google so obviously taken same day.
no they replied (Adrian was his name, he seems to be a robot his name is everywhere i notice).
I then reply (sadly genuinely true) that my mother has just entered end of life care so I will be unavailable for the next two weeks to reply. next day I receive another email saying ok we will knock 10% off if you settle now? so either a robotic reply or a sick in the head salesman.

after a few more weeks the emails are trading, I made an offer of the cost of the print plus a little over the top, as my poster app company are very slow in replying, despite one email from them saying I can use getty images via my payment set up with them (postermywall.com).

now this week they sent another threatening email on Sunday, I went crazy, I said you are now emailing on a Sunday? Adrian replied, so sorry it was auto messaging system, it shouldn't really happen on a Sunday, (nice little admission of guilt there bonny lad) please accept 10% off. I replied, listen mate, you harrass me when my mother is passing away after I mentioned it to you twice, you admit you are part of getty and alamy and that there were no warnings on this photo of basically blackpool seafront, you have since tagged the photo with a little black box but I have the original and there was nothing and I got it from Getty which you accepted? (copied n pasted from his email) "We have a right to defend our copyright and we do not have to watermark our images as I've explained. Getty is an affiliate (we work with them, we don't own them, and vice versa).
We acquired Alamy in 2020."
I replied this is almost entrapment? as anyone allowed to use getty or alamy will assume if they are getting them from their poster app provider its ok? then you basically troll the net looking for images, add PA Media sticker to it, pluck a number out of the sky and use scare tactics on folk?
I am actually 100% willing to go to court now on this one. flask and sandwiches at the ready
bullnation
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Re: PA Media infringment

Post by bullnation »

Any up date on this?
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