Story:There is a person who copied my vector, changed color and put it on sale.
When I found it occasionally on SS I contacted SS team and they got it removed quickly.
Later when looking in google image search for examples of my picture in use I found the re-colored picture again now on alamy site.
And their way of handling the issue is making me very upset
Here is an e-mail trail:
I would like you to take an action regarding picture xxxx which is hosted on your site and violating my copyright.
In order to support my claim I am sending you:
1)my picture on shutterstock site (uploaded in 2014)
2)picture of one of your contributors
3)picture representing pictures 1) and 2) overlapping
as you can see it is not just copied idea but very exact copy(recolored).
Thanks for letting us know. Weve contacted the contributor of the vector about this situation to ask for clarification.
could you please update about the progress.
...
we have reached out to the contributor regarding this and they have since confirmed that the image is their own design and are happy that they are able to sell the image on Alamy
Me: sending official DMCA take down request
To quickly explain how we work, we dont own any images, or hold any copyright. Photographers and agencies upload images to license through our platform, and by doing so they confirm they have the necessary permissions to license these images through us. We have a non-exclusive relationship with our contributors, and the images may be available elsewhere. We dont commission work, or employ members of staff as photographers.
We understand you have previously been in touch with our contributor relations team regarding this issue who have confirmed to you that the contributor is the original creator of the image you are questioning and therefore would have the correct permissions to sell the image. The contributor can provide original source code for the image and once we have this we can pass this information on to you.
If you are happy for us to do so we can pass you information on to the contributor and ask that they get in touch with you to discuss the issue further.
We are unable to see what rights have been infringed and assume no liability case.
My conclusions: - anybody can get any vector,recolor it and put in on alamy site for sale
- anybody can offer to provide original source code for any vector and be good in alamy eyes
- standard DMCA takedown process doesn't work with alamy
My question: should I look for a lawyer in UK or in US (since alamy have US office as far as I know)?
PS I will not put any pictures or names here, assuming the info above is enough to discuss the issue in general
PPS I see that I am not alone facing the issue :
http://www.microstockgroup.com/alamy-com/alamy-and-copyright-infringement/