dylanwinter
Active member
it is all part of the pressure to fold in to demands
I have just been Alan Mackie'd
- Thread starter dylanwinter
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it is all part of the pressure to fold in to demands
Lucky Duck
Well-known member
Unless you lose in court AND still don't pay then the answer is 'nothing'
steveeasy
Well-known member
Dylan,
You can only do your best. you did not know these images belonged to a business, as soon as you found out you removed them. even in the small claims court parties are supposed to try all reasonable means to avoid bringing the matter to court. writing to the man stating your case and explaining the situation in a rational manner will give you the high ground. for this very reason Id not refer to his character or past, it could come back to haunt you.
As far as pursuing someone in court, ive always thought, never sue a man with no money, but make sure if you do sue someone you have nothing to loose. the reality is if you are sued and loose, you really do loose, and yes if you have anything they can enforce it. Mind you it can backfire on someone pursuing you as well, they may just end up loosing with a very big hit. Did any of the previous claims actually end up in court ?.
Steveeasy
You can only do your best. you did not know these images belonged to a business, as soon as you found out you removed them. even in the small claims court parties are supposed to try all reasonable means to avoid bringing the matter to court. writing to the man stating your case and explaining the situation in a rational manner will give you the high ground. for this very reason Id not refer to his character or past, it could come back to haunt you.
As far as pursuing someone in court, ive always thought, never sue a man with no money, but make sure if you do sue someone you have nothing to loose. the reality is if you are sued and loose, you really do loose, and yes if you have anything they can enforce it. Mind you it can backfire on someone pursuing you as well, they may just end up loosing with a very big hit. Did any of the previous claims actually end up in court ?.
Steveeasy
agurney
Active member
dylanwinter
Active member
that is the thing - I cannot find any records of court proceedings - all I can find is the benefit case reported in the local rags, references on his website and the photo forums to past triumphs and the case above that got nowhere.
I can find no trace of the court cases.
One the assumptionn that he is following this thread it would be good of him to post the URLs on here as a warning to other bloggers.
I have had a PM with some pdfs and am slowly working through them -
I would prefer be editing films and writing blogs rather than sweating up on hard to find scottish small claims legal proceedings and european copyright law.
I sincerely apologise for this thread - it is getting well off sailing
- although it is a cruising blogger who is in trouble for embedding an image of cruising boats. Sailing clubs and all sorts of people have been caught out and been on the receiving end of these demanding and intimidating missives.
If I end up stumping up money that will inevitably come out of my cruising budget.
Any of you guys writing blogs might be thinking..... there but for the grace of god go I
here is a nice copyright free picture of sailing just to jolly things along
steveeasy
Well-known member
My gut feeling if it is worth anything, is that you found an image, you used it completely unaware of any copyright. removed it as soon as notified otherwise. No one has lost anything. The letter you have received, is a you see it, a threat to extract money, some pay, some don't.
His claim I suspect is for his loses, has he really lost anything ?, have you received any real financial gain from the short time it was on a blogg. Personally I don't think any court would take it seriously. common sense normally prevails, I'm sure.
steveeasy
His claim I suspect is for his loses, has he really lost anything ?, have you received any real financial gain from the short time it was on a blogg. Personally I don't think any court would take it seriously. common sense normally prevails, I'm sure.
steveeasy
dylanwinter
Active member
he played the same game with these people
http://www.serpentyachtclub.co.uk/
I am trying to find out what happened
D
Just_sayin'
Well-known member
Keep rattling the tin.
You've already got yourself a free lawyer.
Next it will be a hint at Crowdfunding.
dylanwinter
Active member
JumbleDuck
Well-known member
They can't do anything to it unless they won a county court judgement and payment was refused.
roblpm
Well-known member
I think that would be fine anyway. Dylan is providing us with free entertainment. Definitely worth a few quid to see what happens..... Are you allowed to film in small claims court? Is there any way we can persuade the bloke to keep going so we get some entertainment?
I have a bad feeling this is going to fizzle out though.....
agurney
Active member
County courts? in Scotland?
JumbleDuck
Well-known member
Myes, but that probably includes offering to pay a reasonable fee when caught bang to rights.
I just did a GIS for "Portavadie marina aerial". Three of the first line row of hits are on http://www.197aerial.co.uk/portavadie.htm, which quite clearly states that
All images and text are copyrighted © and licences for all uses are available for purchase
New page - copyright cases
Pricing information for commissioned photography and copyright licences
along with terms of trading can be accessed HERE
New page - copyright cases
Pricing information for commissioned photography and copyright licences
along with terms of trading can be accessed HERE
That "HERE" link goes to a general page of information which in turn links to http://www.197aerial.co.uk/197_price_guide_and_terms_May_14th_2016.pdf which says that the price per picture for website use for one year (minimum term) starts at £450, regardless of whether the usage was commercial or non-commercial.
Mr Mackie is not, it seems, asking for huge damages. He is simply asking to be paid usage fee which is clearly stated on his website. It may be high, but that's his choice. The easy way to avoid paying it is not to use his material.
I used to spend quite a lot of my time writing material for a university website. I always choose pictures which GIS showed as "labelled for non-commercial reuse" and even so my colleagues in the rights department verified the conditions for every image I chose. With all due respect to Dylan, anyone trying to make money from a blog really ought to check these things.
Some years ago a prominent German gliding photographer found out that an amateur-run virtual competition was using a small version of one of his photographs on its website banner. He sued a German student, who had nothing whatsoever to do with the website but was the only member of the organising group living in Germany, for, if I recall correctly, €10,000 plus legal costs. May have been €20,000. I don't know how it turned out, as everything went oddly silent, but it does put a request for £450 into context.
agurney
Active member
..
here is a nice copyright free picture of sailing just to jolly things along
It's a pity you stated it's copyright free, otherwise you could have chased all these folks for a few quid to help you with your current predicament .. especially the first one that layers their adverts on top of your video:
http://roofer-union.ru/winter-sailing-from-mylor-on-the-fal-in-cornwall_c385774e3.html
http://youfacebookclip.com/search.php?q=winter+sailing
http://snipeout.blogspot.co.uk/2016_09_01_archive.html
JumbleDuck
Well-known member
I don't know where Fluvial66 - whose ignoring of private parking tickets was the subject of discussion - lives, but the odds are roughly 10:1 that s/he'd be in for a County Court Judgment rather than a Sheriff Court Decree.
agurney
Active member
Sorry, I thought the reference was to Dylan and his predicament.
dylanwinter
Active member
ah well.... now that all belongs to google - it is on youtube and has music on it - so it is googles not mine any more - and they like their stuff being embedded.
Every film I have made over the last decade belongs to google...... and everything I am likely to do for the next fifteen years will also belong to google
D
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Fluvial66
New member
Yes you are correct - all 3 were in England, one being the McDonalds car park at Heathrow airport waiting for a flight.
I had bought food on the premises but apparently overstayed my welcome.
I hadn't factored in the vagaries of Scottish law.
Still be inclined to adopt a wait and see policy though.
Bru
Well-known member
?????
dylanwinter
Active member
welcome to the google dominated web
before putting anything on youtube you have to agree their terms and conditions
last time I looked it was a 20,000 word document
If it has music in it then they grab the rights to the whole shebang on behalf of the music owner (usually time Warner/Sony et al
you can appeal and claim it is your music or that you have rights to use it but you will have to fight with a google computer for your $12 worth of adsense revenue
dunno how many emails you are prepared to send to win $12 back
it is the way it works
D
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