Author Topic: Possible Infringement- What To Do? (Read 3629 times)

FiledIMAGE · « **on:** March 05, 2017, 02:00 »

Hi,

Im not sure exactly what you get when purchasing an image form a microstock agency and usage terms. I found 2 of my images, the first one in particular are mine. Ive never sold for more than $2.85 from SS which doesnt seem like much money for an image being used like this. Especially for a major hotel brand.

http://www.lakecrackenback.com.au/

I have submitted a possible infringement with SS but like I say perhaps they are allowed as file size would be quite small.

Thoughts?

PhotoBomb · « **Reply #1 on:** March 05, 2017, 02:17 »

Quote from: FiledIMAGE on March 05, 2017, 02:00

Hi,

Im not sure exactly what you get when purchasing an image form a microstock agency and usage terms. I found 2 of my images, the first one in particular are mine. Ive never sold for more than $2.85 from SS which doesnt seem like much money for an image being used like this. Especially for a major hotel brand.

http://www.lakecrackenback.com.au/

I have submitted a possible infringement with SS but like I say perhaps they are allowed as file size would be quite small.

Thoughts?

How can you sign up to license your images and not be sure if this is a legitimate use. You've been doing this for 4 years. Did you read the legal binding agreements between you and the agencies you signed up with?
They all have their terms and conditions available on their respective sites.

That's exactly how you can expect your images to be used. Legal use under subscription license.
Certainly no infringement there.

Here's the link to the licensing agreement on SS.
https://www.shutterstock.com/license

Justanotherphotographer · « **Reply #2 on:** March 05, 2017, 02:22 »

I don't know what to say. What did you think images were being licensed for?

FiledIMAGE · « **Reply #3 on:** March 05, 2017, 03:38 »

I klnow about image rights for macro stock and a simple blog article which id expect $0.38 for is slightly different for advertising usage for a large global corporation for what is looking like being used over 6 months now. I guess this is difference between book printing and web usage. Book printing pays way better, yet ironically most people would use online

Justanotherphotographer · « **Reply #4 on:** March 05, 2017, 03:55 »

I don't want mean but have you still not read terms? They could use the image in a book with a print run of 500,000 with the same license. Some agencies allow unlimited runs on a standard license.

FiledIMAGE · « **Reply #5 on:** March 05, 2017, 04:15 »

I read the bit about online not books.

Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

So yeah books can be published and they could pay 38 cents for an image unless its a MASSIVE seller. A lightbulb moment might have clicked as to now why people say microstock is killing the industry. I look at total earnings an image, and have never delved into individual sales. It just so happens that the image on the hotel site has never sold well and yet you see it being used here, hence my question thats all.

Justanotherphotographer · « **Reply #6 on:** March 05, 2017, 05:58 »

Quote from: FiledIMAGE on March 05, 2017, 04:15

I read the bit about online not books.

Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

So yeah books can be published and they could pay 38 cents for an image unless its a MASSIVE seller. A lightbulb moment might have clicked as to now why people say microstock is killing the industry. I look at total earnings an image, and have never delved into individual sales. It just so happens that the image on the hotel site has never sold well and yet you see it being used here, hence my question thats all.

You have some wonderful images in your portfolio. Anything too specific, that is not going to sell in volume, is never going to pay you back in micro. You need to be asking for more per use.

Photodune Reject · « **Reply #7 on:** March 05, 2017, 09:35 »

A few years back one of my images made the Jimmy Fallon show- the whole world got to see it! How much did I make? A whole $.33. Wow I am famous now but no $$ for it... $:-\$

Pauws99 · « **Reply #8 on:** March 05, 2017, 11:12 »

Quote from: Photodune Reject on March 05, 2017, 09:35

A few years back one of my images made the Jimmy Fallon show- the whole world got to see it! How much did I make? A whole $.33. Wow I am famous now but no $$ for it... $:-\$

I never saw it have no clue who Jimmy Fallon is....fame is so fleeting!