MicrostockGroup

On 18 November an email was sent to RF123 informing them of the same image being posted on a number of different websites/blogs. The list of the offending sites is shown below.

Despite getting an automated reply confirming receipt of my site mail to customer support - nothing has so far been done.

In September, 2011, I sent a different notification to RF123 also informing them of a stolen image (with their embedded logo) and never received a reply and no action was taken either.

http://aravas.blogspot.com/2011/11/blog-post_5384.html
http://www.prionokordela.gr/politikh/una-facciauna-razza-h-politiki-katastash
http://www.inprecor.gr/index.php/archives/105255
http://dealnews-gr.blogspot.com/2011/11/h.html
http://miltosgitas.blogspot.com/2011/11/blog-post_8215.html

I would have thought that RF123 would be concerned that contributors images are being stolen and blatantly used showing their embedded logo on internet sites. Clearly they do not care, even to the point of acknowledging there is an issue. I suspect their deliberate lack of confirmation of a stolen report supports their inevitable defense they never knew it was happening in the first place, i.e ignorance of an offense ever having occurred.

Have anyone else come across this particular problem with RF123?, it only seems to be having with my images from their site. 

Hmmm. All of mine seem to be Greek sites - so there's a busted flush right off. It's probably turn out to be their defense - they've got no dosh as the whole country is about to default by the end of November anyway, so cannot afford to buy images for their blogs and websites.

The first time I had an image stolen (again it was off RF123) I reported it and sent the relevant link etc. I also reported it to Google and the image was removed, as a result of my actions it has to be said. On this occasion it's five separate offenses on five different sites within two weeks of each other (naturally as the Euro crisis is a topical event at the moment - the precise reason I set the shot up in the first place). I am just disappointed they appear not to be bothered, after all it is their responsibility - it's their logo on the stolen images!

Maybe they'll react now the issue is in the public domain (here). I send another site mail to them telling them tonight I had posted the issue on MSG.

Hi all,

We do and we have. We have sent DMCAs to each of the site hosting companies, but the problem here is that they are using some syndication software that propagates, copies, retranslate the same article with the same image across many different blogs.

To give you some sense of what we're trying our best to do when you complain that XYZ site is stealing an image containing 123RF's logo:
1. we have to fire up the domain search tools,
2. scour the actual site to find out the owner's email or contact address (most of them it's in some language we are not familiar with),
3. ALMOST all the time they've registered for some private domain protection agency,
4. we try our best to discover who's behind it using IPs and cross referencing with our own databases.

Conclusion: Well, more often than not they're NOT contactable, we try to DMCA their host instead.

If the owner can be contacted, and is contactable, ... we get our AMs to contact the owner and convince them to license the image ( = more sales for you ! ) but this occurrence is rare : 1 in every 10 cases you report to us. And with that, most of our emails or calls go unanswered.

The communication and investigation process takes time but we ARE actively doing it. The same people who are on the operations team that handles your emails are the ones who are tasked to take try to them down. As the contributor base grows, we also have a huge deluge of email to answer, we hope that you will be more generous with the time and understanding that you can afford us.

For the record -- THIS IS NOT AN EASY 1 EMAIL TEMPLATE BLAST AWAY task. It takes HOURS to investigate a single case. Most agencies I perceive, would also appreciate it if the copyright owners (you) would also take the time to DMCA these offenders.

Thank you for understanding, Eric shall reply to your email soon.

Alex

If a site has a link to a DMCA take down procedure - and I realize the disreputable ones won't - I always complete and e-mail the notice for my own images. If I see other images I can't do anything about, then I contact the agency with a link to the offending album or group or whatever. So I'm not sure what Alex meant, but it may be that if all that's needed is a takedown notice for one of your own files, just submit the notice without contacting the agency. If nothing else, it's certainly faster (I've generally had very quick turnaround on these).

11 Days have now passed and of all the links listed in the OP only one (the third one down) no longer shows the RF123 watermarked image. No reply either to my pledge to help them with the removal of images following receiving relevant information.

Alex, if you cannot/will not get the images removed why don't you simply come out and say it is not possible?

Again, please let me know the procedures that need to be followed in order that I (we) can help.

Thank you, I will give that a go.

It's not our task to contact offending sites... we give our images to stock sites, they are responsible for use etc....
I had my share of problems with images of mine showing watermark.  When contacting support no respons.
About 2 months ago i deleted my portfolio on 123 as well.

Patrick H.

Hi all,

As much as I like to say that there are universal links to which I can send a DMCA complaint to there's none.

Normally the people in our team would be looking for things like:
1. Terms of Use (can sometimes find emails to [email protected] here)
2. Privacy Policy
3. About Us
4. Contact Us
5. Abuse (we like this best!)
6. Complaints
7. Help

Then look through the pages for an email address or a phone number that we can call to state our case.

In the case of emails or a web form, we have a standard DMCA letter stating :
1. who we are,
2. who are we representing
3. what are we complaining about,
4. evidence that we are the copyright holder or representing the copyright holder
5. the link to the offending material/page.

For phone calls, we try to get in touch with the owner of the page and explain:
1. RF doesn't mean it's free
2. Having a watermark doesn't mean that you can use it for free
3. Editorial usage doesn't mean fair use

The offenders are usually ignorant of the fact of what can be done and what can't. Most of the time we hear "Other sites are doing this too..." well, how do you persuade someone who doesn't want to buy to buy? And the image can easily be substituted with another one from Google search.

So as you can see, there's no step by step sure fire tried and true way of doing this.

thank you very much.

Alex.

Another image is stolen from 123rf.

An image of mine (thumb with watermark) is at this site.
http://www.care2.com/news/member/615510180/3011084
( I don't care in which country this site is located... )  :-)
this is my photo on 123rf :
http://www.123rf.com/photo_9862606_hands-holding--showing-smartphone-empty--front-view-on-black-background-artistic-style--using-very-s.html

PS: I am Greek and very proud of it  :-)

Hey Lambros,

Thanks for notifying us about the 123RF watermark images on those blogs.

We've done as follows,
1) Emailed to the blog owner
2) Commented on their blog
   a) http://www.blog.co.uk/community/profile_media_detail.php?item_ID=5502607
   b) http://www.care2.com/news/member/615510180/3011084
   c) http://dj6ual.jigsy.com/entries/new-world-order/did-you-know-the-gov-can-listen-to-you-even-when-your-cell-phone-is-off#.TraUiTYzNZw.care2
3) Flag as inappropriate [copyright infringement]

We will keep on monitoring on the progress.


Thanks,
Anglee

   

Actually the worst sites (like the Warez sites) usually have the clearest DMCA procedures outlined. It is part of their smoke screen, so they can point to it and say "look we're legit!".
The problem is that if you follow the procedure the DMCA goes to someone who will chuck the email straight in the trash.

The sites that take images off Google search without realizing it's theft don't usually know anything about the DMCA or IP in general.

The key is in the first of these cases (warez sites, knowing thieves) to DMCA their webhost, Ad providers, file hosting sites etc. bypassing the site owner who knows full well what they are doing and is trying to use legal loopholes to avoid taking down offending material.

In the latter case I would normally send an email explaining what the problem is with a link to where they can buy the image. If they then refuse to take it down or buy it its DMCA-a-go-go on their ass too.