I have just been Alan Mackie'd

[dylanwinter]

An email has been sent to you in respect of a copyright infringement on this page.


http://www.keepturningleft.co.uk/blogs/portavadie/

It was sent to dylan.winter@virgin.net which may not be correct. Your email address on the home page is not correct and bounces mail.

A letter will also be sent by recorded delivery to the address on your home page.

If the email address I used is not correct please advise me of a working email address where I can pass you full details of the infringement.

Thanks,

Alan Mackie

it was an embed of an aerial shot of Portavadie

nice man

D

 

[roblpm]

This could be exciting.......

Does he know who he is taking on?!

Im sure your millions of followers will be able to twitter storm him or something....

 

[A1Sailor]

The spelling police will be out to get you too:

Lily M left Ardrisaig and the canal at 1.00 and then we faced a 12 mile slog into a five gusting six. Not much fun. One of those experiences that makes you start to question a few things. However, that is behind me and Kip Marina is just 30 miles away – some of it will be with the wind. I am now on a pontoon at Poravadie

 

[RichardS]

Which picture is it which the Great Man is objecting to?

Richard

 

[Pete7]

How does the defendant wish to plead before a jury of your peers debates the issue and reaches a verdict?

 

[dylanwinter]

seriously though chaps - leaving aside my spelling after 12 hours or so of motoring into a Southerly when doing the Crinnan to Portavadie stretch. David motored the same distance the same day - we both agreed it was one of those days when you question why you own a boat - even me for goodness sake.

that aside I would welcome your advice on his previous track record regarding other bloggers. I know that I walk a well trodden path.

I am a timid man and frighten easily

Dylan



this is the currrent sig

Alan Mackie – 197 aerial photography
copyright@197aerial.co.uk
109.158.89.39

D

 

[Birdie]

Sadly Dylan, I think you have little choice but to appeal to his better nature, if he has one, and negotiate the best you can. Doing a quick search shows he has extensive form in this field, seemingly making a living from taking people to court.

It is an expensive and time consuming procedure, particularly if you have to go the court of his choice.

Unless there are any friendly lawyers on the forum who can see some sort of loophole.

Searching the internet, a similar case was raised with an on-line lawyer in which they advised settlement.

Good luck!

 

[bitbaltic]

that aside I would welcome your advice on his previous track record regarding other bloggers. I know that I walk a well trodden path.

Astonishingly, and I would imagine rather to the detriment of his business due to the poor impression it leaves, the chap actually has a page very prominently on his website detailing his legal challenges and battles in protecting copyright.

http://197aerial.co.uk/txtcases.htm

It looks to me like the photography is a sideline and he lives for this.

Lots of dark mutterings about "damages swiftly paid" "gross ignorance", "thieves", "liars" and so on and his vendetta against a library, quite funny really. Not someone to do business with.

 

[prv]

The chap sounds like a bit of a tit, but he's also in the right. I know you're of the opinion that "copyright is dead" and don't mind people sharing your work, but lots of other people disagree and, rather crucially, the law is on their side. As someone else who earns a living selling ones and zeros, I'm kind of ok with that. I'll cheerfully link to any old pic from Google Images to illustrate a forum post, but if you're going to incorporate someone else's work into your actual product then you ought to follow the rules.

Nix the pic and reply with a brief apology. Any sane person would be satisfied with that - which also means that if he does try to take it further, he's very likely to be the one getting a slap.

EDIT: Just realised this was a linked image on a blog page rather than a shot in one of your videos. That ups the "tit" quotient and backs off a little on the "actual product" lever, but fundamentally doesn't change the principle. Linking versus copying? I'm not sure what the current state of play on that one is in the courts, but it's not an argument I'd want to rely on.

Pete

 

[prv]

Also, take comfort in the fact that Mr Grumpy Kite and Balloon Man will very probably be going bust soon, since his potential customers can buy a half-decent drone and take their own shots for some of the prices he wants to charge...

Pete

 

[bitbaltic]

EDIT: Just realised this was a linked image on a blog page rather than a shot in one of your videos.

That leaves me with the pleasant notion that Mr Mackie is now spending a sleepless night going through ten years of KTL: just. in. case.

 

[prv]

That leaves me with the pleasant notion that Mr Mackie is now spending a sleepless night going through ten years of KTL: just. in. case.

If it was linked rather than copied, I imagine he was alerted automatically. When a server is asked for an image it can usually (not always) tell what page the pic is about to be displayed in, and it wouldn't be very difficult to arrange something to send an email when that page isn't at www.197aerial.co.uk. Mr Mackie strikes me as someone who would be extremely interested in such a mechanism.

Otherwise, he's been spending an awful lot of sleepless nights trawling the entire Web to find Dylan's page in the first place

(Yes, I know there are also services that do that for you, but the image is too amusing to ignore)

Pete

 

[stevepick]

Sorry Dylan, he is not a nice man - http://www.dailyrecord.co.uk/news/local-news/benefit-cheat-photographer-jailed-2421324

Seriously, ask for a reciept and copy to HMRC?

Time for a fighting fund folks?

 

[Pete7]

Dylan, some reading:

http://www.londonfreelance.org/fees...=General&subsect=Negotiating+fees&page=Advice

 

[dylanwinter]

That leaves me with the pleasant notion that Mr Mackie is now spending a sleepless night going through ten years of KTL: just. in. case.

I have never used aerial stills in my films - mixing them with moving images and shot at sea level with google earth moving images would be impossible. Besides, his fight would be with Google

I feel sorry for the man - drones must really be hurting his business.

I think that as it was a linked image and I removed the link as soon as I received his objection he is on very shakey ground.

I mean his shots turn up as linked images all over the place.

This is one of my favourites of Portavadie.

Does anyone else have favourites?

http://www.197aerial.co.uk/portavadie.htm

 

[Lon nan Gruagach]

If it was linked rather than copied, I imagine he was alerted automatically. When a server is asked for an image it can usually (not always) tell what page the pic is about to be displayed in, and it wouldn't be very difficult to arrange something to send an email when that page isn't at www.197aerial.co.uk. Mr Mackie strikes me as someone who would be extremely interested in such a mechanism.

Otherwise, he's been spending an awful lot of sleepless nights trawling the entire Web to find Dylan's page in the first place

(Yes, I know there are also services that do that for you, but the image is too amusing to ignore)

Pete

In that case he is not only a tit but a pig as well. The sane mechanism that can determine and flag a linked image can also prevent it being displayed, even substituting it with a copyright notice.

My advice: Take down the image and send the lads round.

 

[dylanwinter]

In that case he is not only a tit but a pig as well. The sane mechanism that can determine and flag a linked image can also prevent it being displayed, even substituting it with a copyright notice.

My advice: Take down the image and send the lads round.

I did as one is supposed to do and removed the link as soon as I received notice.

 

[prv]

In that case he is not only a tit but a pig as well. The sane mechanism that can determine and flag a linked image can also prevent it being displayed, even substituting it with a copyright notice.

Indeed, but I'm sure he would much rather people display them so that he can subsequently get his jollies by sending out shitograms.

The other scotsman who used to pretend to be Railtrak and send out rude letters to complainants was much funnier.

It's a little odd that his "copyright cases" from years ago all promise an imminent update with results, yet none are forthcoming.

Pete

 

[falkirkdan]

Alan MacKie is a serial suer. We have been involved with him. Very few know that the copyright on a photograph remains the copyright of the photographer for their life and passes on to their heir for 70 years after the photographer dies. I have had money from the Daily Mail for infringing the copyright on one of my dad's pics. And the article was about illegal use of photographs, then they stole a clearly copyright marked pic.
Alan MacKie is well known to most of the west coast sheriffs. He as been instructed to clearly watermark or similar his published photographs.

 

[RichardS]

I did as one is supposed to do and removed the link as soon as I received notice.

That's all you have to do. Once the copyright owner has advised you of his ownership and you have taken the action to stop the infringement it's over. He will be flogging a dead horse if he tries to pursue it further.

Richard