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Author Topic: copyright infringement?my photo was used as wallpaper on a brand new mobilephone  (Read 9668 times)

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« on: January 03, 2017, 11:42 »
0
hello
i need some advice about copyright infringements. one of my photo was used as a wallpaper on a brand new mobile phone which was produced by a very well known and famous company all over the world.( i am not writing the brand for now).
now anyone who writes mobile phone's name and wallpaper og google he/she can download my photo from a lot of websites.
this photo was only available on istock and it wasnt sold with an extended licence. it has only has regular downloads.
also similar image with a model was available on istock, shutterstock, FT and DT. it was sold with a model on shutterstock with single and other download.
questions are, is it legal to use it as a wallpaper on a mobile phone which is sold all over the world? i think it must not be legal.
and can it be used as wallpaper deleting the model and chancing the image and use it as wallpaper?
i wrote to istock and they didnt help me. their answer was short like that "As we have no way to confirm that this file has been attained from our site, since you are a non-exclusive contributor, unfortunately we cannot contact this party on your behalf. and bla bla"
i also send mail to shutterstock and they didnt respond.
is there anyone has a similar issue and what can you advice me? do i have to contact with the company via e mail or send them a mail with national post office?


Justanotherphotographer

« Reply #1 on: January 03, 2017, 12:48 »
+4
You need to get a lawyer.

« Reply #2 on: January 03, 2017, 13:00 »
+3
Not really worth your time, trouble and expense in most cases.  If you can't put up with the stress don't sell Royalty Free, because when they out in the wild you will not get any involvement from the agencies, unless you upset one of their buyers.

« Reply #3 on: January 03, 2017, 13:11 »
+4
Its at least worth writing to the organisation concerned I would think. I don't think we should just roll over and take any infringement. If they are a reputable company you may be able to reach some amicable agreement...they may have been misled on the source. You may not but its only a few emails at the start.

« Reply #4 on: January 03, 2017, 13:22 »
0
I think its completely legal and ok. Why would the company need to buy a extended licence? But who knows :)

« Reply #5 on: January 03, 2017, 13:35 »
+7
Step 1. Make a list of all the places where they could have licensed this photo. If I understand  you correctly, it would be only IS.
Step 2. Find the texts of regular and extended license agreements on these sites and analyze the licence terms.

Some licensing agreements have examples of what is allowed and what is not. I don't want to go to the istock site for you, because that site makes me want to puke.
And I don't want to puke right now, because I just ate dinner and drank some wine. Cheers and good luck.
« Last Edit: January 03, 2017, 14:33 by LDV81 »

« Reply #6 on: January 03, 2017, 13:39 »
+3
Step 1. Make a list of all the places they could have licensed this photo. If I understand  you correctly, it would be only IS.
Step 2. Find the texts of regular and extended license agreements on these sites and analyze the licence terms.

Some licensing agreements have examples of what is allowed and what is not. I don't want to go to the istock site for you, because that site makes me want to puke.
And I don't want to puke right now, because I just ate dinner and drank some wine. Cheers and good luck.

You sir just won the internet. 👌


ShadySue

  • There is a crack in everything
« Reply #8 on: January 03, 2017, 13:47 »
+1
I think its completely legal and ok. Why would the company need to buy a extended licence? But who knows :)

I'm assuming that it is really the phone's wallpaper. (I had a file which was used on adverts for a phone looking as though it was the wallpaper, but I don't think it was on the real phone - however, the file had had an EL quite a bit before I saw the adverts, so I let it be). If so, it might need an EL for "Products for Resale" and/or "Unlimited Reproduction / Print Runs" (over 500k, which could be quite likely for worldwide sales of a popular model).
However, I had a file which was used as a card in an educational game - I saw it on an online photo of the game in use - and it had never had an EL, but was told that it was an 'incidental' to the product for sale, and only the box cover photo would need an EL (not sure how the standard/EL descriptions could be interpreted that way, but it does seem like they absolutely don't want to upset buyers.)

« Reply #9 on: January 03, 2017, 13:50 »
0
Step 1. Make a list of all the places they could have licensed this photo. If I understand  you correctly, it would be only IS.
Step 2. Find the texts of regular and extended license agreements on these sites and analyze the licence terms.

Some licensing agreements have examples of what is allowed and what is not. I don't want to go to the istock site for you, because that site makes me want to puke.
And I don't want to puke right now, because I just ate dinner and drank some wine. Cheers and good luck.
Helpful and positive post was beginning to forget what they looked like!

« Reply #10 on: January 03, 2017, 13:54 »
0
Oh yes you are right. Products for Resale is not. Its not the main reason to buy the phone because of the wallpaper :)
BUT, for unlimited reproduction (+500k) they have to buy a extended. You are right.

« Reply #11 on: January 03, 2017, 14:57 »
0
Oh yes you are right. Products for Resale is not. Its not the main reason to buy the phone because of the wallpaper :)
BUT, for unlimited reproduction (+500k) they have to buy a extended. You are right.

they use it on the official site and introduction video of phone and thousands of commercials. its obviously can be seen everywhere

ShadySue

  • There is a crack in everything
« Reply #12 on: January 03, 2017, 15:51 »
0
they use it on the official site and introduction video of phone and thousands of commercials. its obviously can be seen everywhere

None of that would necessarily trigger the need for an EL.
http://www.istockphoto.com/gb/help/licenses

SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #13 on: January 04, 2017, 00:10 »
0
So if I make a book, I'd only need an EL for the cover photo, not the images inside? That's the only thing that's been putting me off whipping up my exciting book "The Holy Grail of Meat: A Quest for the Perfect Crackling... and Other Adventures in Pork."

« Reply #14 on: January 04, 2017, 02:04 »
0
Oh yes you are right. Products for Resale is not. Its not the main reason to buy the phone because of the wallpaper :)
BUT, for unlimited reproduction (+500k) they have to buy a extended. You are right.

they use it on the official site and introduction video of phone and thousands of commercials. its obviously can be seen everywhere
I've had an image put up on a website before.  Hundreds of millions of people could have viewed it right?  If they refreshed the site a few times it might be in the billions, that's what you signed up for.  Read the terms you agreed to. The 500,000 is for a print run.
« Last Edit: January 04, 2017, 02:06 by tickstock »

« Reply #15 on: January 04, 2017, 03:44 »
0
So if I make a book, I'd only need an EL for the cover photo, not the images inside? That's the only thing that's been putting me off whipping up my exciting book "The Holy Grail of Meat: A Quest for the Perfect Crackling... and Other Adventures in Pork."
You crowdsourcing it? put me down for a slice! Whether it would sell enough to justify an EL im not sure. You might want to ask David Cameron he may want a chapter about stuffing.https://en.wikipedia.org/wiki/Piggate

« Reply #16 on: January 04, 2017, 04:07 »
+2
So if I make a book, I'd only need an EL for the cover photo, not the images inside? That's the only thing that's been putting me off whipping up my exciting book "The Holy Grail of Meat: A Quest for the Perfect Crackling... and Other Adventures in Pork."
I've seen a bunch of my images on book covers, CD covers etc. and never received an EL. First it depends which agency licensed the image and the usage terms regarding the print run size. Some licenses allow tens or hundreds of thousands of prints with a regular RF license.

To run after an EL payout will quickly become not worth your time. Time is better spent creating more great content.


SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #17 on: January 04, 2017, 05:06 »
0
So if I make a book, I'd only need an EL for the cover photo, not the images inside? That's the only thing that's been putting me off whipping up my exciting book "The Holy Grail of Meat: A Quest for the Perfect Crackling... and Other Adventures in Pork."
You crowdsourcing it? put me down for a slice! Whether it would sell enough to justify an EL im not sure. You might want to ask David Cameron he may want a chapter about stuffing.https://en.wikipedia.org/wiki/Piggate

I started the first chapter in 2014. Will get crackling on the rest. I discovered the secret, hired a food technologist to verify my discovery, and I think the world is ready for it. It's the kind of whimsical/comedy gift you'd get for a loved one who loves crispy pig skin. 

« Reply #18 on: January 04, 2017, 05:39 »
0
I love animals. Pork is my favourite.

ShadySue

  • There is a crack in everything
« Reply #19 on: January 04, 2017, 05:54 »
+1
So if I make a book, I'd only need an EL for the cover photo, not the images inside? That's the only thing that's been putting me off whipping up my exciting book "The Holy Grail of Meat: A Quest for the Perfect Crackling... and Other Adventures in Pork."
No. If the print run is over 500k, you need an EL inside or cover. I don't think you need an EL for a cover for smaller print runs (talking iS specifically).

SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #20 on: January 04, 2017, 06:10 »
0
If I'm shifting more than 500k units, then an EL will be the least of my worries... it'll be which studio to sell the film rights to!

« Reply #21 on: January 04, 2017, 07:09 »
0

Doesn't Electronic Template use require  EL ?

ShadySue

  • There is a crack in everything
« Reply #22 on: January 04, 2017, 14:48 »
0

Doesn't Electronic Template use require  EL ?

"Digital templates for resale
Electronic templates for resale: website template, brochure design template, e-greeting cards, etc.  (Add a Products for resale license)"

« Reply #23 on: January 05, 2017, 00:51 »
0
I'd just contact the company and try to get an EL out of them. There's no use wasting much time or resources trying to battle those big brands ... at the very least you get "exposure" and at best you get the cost of the license that I'd imagine they thought they were getting to begin with.

At least, I can hope that this world has some decency left and that they would try to be honest :/ it's an odd world though.

« Reply #24 on: January 05, 2017, 01:49 »
+2
I'd just contact the company and try to get an EL out of them. There's no use wasting much time or resources trying to battle those big brands ... at the very least you get "exposure" and at best you get the cost of the license that I'd imagine they thought they were getting to begin with.

At least, I can hope that this world has some decency left and that they would try to be honest :/ it's an odd world though.
Which part of the license did they violate?  I haven't found it and I don't see any post on here pointing to it.  Trying to "get an EL out of them" for using the image legally is crazy and very unprofessional.


 

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