My images being sold on Flickr for wallpaper ?!

Jonathan Ross

« on: January 19, 2010, 17:24 »

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Hi All,

I found our images being resold by another party on Flickr for wall paper is that allowed?. They even changed one shot just a little bit by adding some window blinds. One Photo is of my two dogs laying on my couch in my living room, so I am pretty positive it is mine. Found it through Tin Eye.

Best,
Jonathan


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leaf

Premium Member

« Reply #1 on: January 19, 2010, 17:27 »

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I started a new topic for this.

I am not totally sure I understand what is going on. Can you give a link?


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Jonathan Ross

« Reply #2 on: January 19, 2010, 19:11 »

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Hi Leaf,

Yea here is a link to my Macro photo from Getty on Flickr that I did not place there and it is being sold as wall paper by another party. I didn't think this was allowed, the resale of images under another's name. I might be wrong but it doesn't seem right to me.

http://www.flickr.com/photos/devmalya2003/4081712053/#

Best,
Jonathan


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Jonathan Ross

« Reply #3 on: January 19, 2010, 19:23 »

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Hi All,

I zoomed in and found nother name attached to my image on the side of the image. It is www.santabanta.com You might want to take a look at these guys as well. Maybe clearly in their rights but it is news to me.

Best,
Jonathan


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cclapper

Premium Member

« Reply #4 on: January 19, 2010, 19:32 »

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I am in the process of downloading all the License Agreements for the sites I upload to. I am through IS and SS and neither one of these sites, Standard OR Enhanced license, allows the posting of an image and allowing others to download it, whether they are selling the image or not. It is considered redistributing. IF a person purchase a photo with the Standard license, they may post it on a website up to 800x600 pixels. Anything else goes to an Enhanced license, but allowing others to download the digital image is forbidden.

If I find any other Agreements that are different, I will post.


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Jonathan Ross

« Reply #5 on: January 19, 2010, 19:37 »

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Thanks CD,

I am in discussion with Getty right now but everyone in NY has gone home so I will find out more about it in the morning and make a post. Here is a copy of my shot. I thik you can all see it is mine. That is Maggie and Major on my green couch.


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LSD72

« Reply #6 on: January 19, 2010, 20:10 »

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Look at that persons collection. Anne Geddes, Nat Geo. I wonder if the person even owns a camera.


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cclapper

Premium Member

« Reply #7 on: January 19, 2010, 20:26 »

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I have been through the Licensing Agreements of IS, SS, StockXpert, DT and BigStock.

I am not an attorney and I am not giving legal advice.

I have read all the paragraphs regarding the posting of our images on any other website and allowing downloads, and none of the sites, in their standard, EL or Special Licenses, allow for the redistribution of an image. Also, if an image is posted on a website, it must be smaller than 800x600.

I feel certain that these images we have found on flickr are against all licensing agreements.


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donding

« Reply #8 on: January 19, 2010, 20:28 »

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I'm going to post a comment on one of his other photos praising him about being this great photographer and see if he bites. I'm going to try to find out how he got these images. Johathan the one with the dogs is in no doubt your's. Man these people are getting balls...no pun intended


« Last Edit: January 19, 2010, 20:49 by donding »	Ignore \| Logged

donding

« Reply #9 on: January 19, 2010, 20:32 »

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Here's my post...lets see if he bites

http://www.flickr.com/photos/devmalya2003/4095594117/in/set-72157622783865606/?addedcomment=1#comment72157623245759722


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« Reply #10 on: January 19, 2010, 22:42 »

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You are all putting too much effort into this. Just sue the b@tch and Flickr, since they can know this isn't genuine stuff with all his Ferraris. You are all far too friendly. In a while, he will take it down, and then start all over again, under another nick. Flickr will just smile. They won't smile if a microstockers guild comes up with several infringements in a row, asking damages.

My last infringement was on the website of a (ultra left) political party during Belgium's last general elections. I just wrote the guy that I requested 10,000 euro in damages. He quickly took the image down, adding a note why I reacted that "sour". Of course I was in no position to sue him, but I sure raised hell with his competitors.
Proof was gone though.


« Last Edit: January 19, 2010, 22:45 by FD-amateur »	Ignore \| Logged

RacePhoto

« Reply #11 on: January 20, 2010, 01:09 »

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Only on Flickr? Who really owns these and what's the real site, or are some real and only the flickr page is the copy? I'm kind of lost with this being in so many different places at different sizes?

I can remove this at any time if it's a problem having the group from the Tineye search on this forum.


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jsnover

Premium Member

« Reply #12 on: January 20, 2010, 01:15 »

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Quote from: Jonathan Ross on January 19, 2010, 19:11

Did you send Flickr the form letter claiming violation of copyright? There's a link on the site (I've done this several times and they are very prompt in getting the content down). Do be careful to fill out exactly the wording they ask for - the first time I changed the statement about having a good faith belief that I held the copyright to the work. I said I did hold it - it was so obvious there was no belief involved. They e-mailed me back after a day or two saying it was a legal requirement to state that I had a good faith belief - so I did


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« Reply #13 on: January 20, 2010, 01:16 »

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Watch out for your ethnic profiling of .ru sites or you'll get near-banned ;-)


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Jonathan Ross

« Reply #14 on: January 20, 2010, 02:43 »

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Hi all,

Thanks for the advice. I wanted to contact Getty first since they represent the image and have more clout or time than I want to spend chasing some ghost. All your input has really helped. I will find out more tomorrow and fill you in. I saw the Anne Geddes stuff as well.
I would think that Flickr are the ones to go after, they are allowing the vehicle for these situations to arise without policing them. I don't want to sue Joe Blow who has nothing I want some cash if I am going to bother, Flickr should take some responsibility for this, if it truly is ran through Flickr.

Best,
Jonathan


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cclapper

Premium Member

« Reply #15 on: January 20, 2010, 08:00 »

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Quote

Do be careful to fill out exactly the wording they ask for - the first time I changed the statement about having a good faith belief that I held the copyright to the work. I said I did hold it - it was so obvious there was no belief involved. They e-mailed me back after a day or two saying it was a legal requirement to state that I had a good faith belief - so I did

I found this to be true as well. Best to copy their list of things needing answers directly and then answering right after the question.

Jonathon, I think that is a good approach, contacting Getty. At least with the Anne Geddes stuff, her name is still on there. The person isn't trying to make it look like they own the copyright. Doesn't make it right though. And I know for a fact Joe McNally, a photographer for National Geographic, also sells his images RM through Getty. I didn't check to see if any of those NG images are his, but I am pretty sure all of those photographers would not like free images being distributed this way.

I agree, flickr/yahoo needs to be more on top of what gets posted and by whom.


« Last Edit: January 20, 2010, 08:54 by cclapper »	Ignore \| Logged

Giuseppe Parisi

« Reply #16 on: January 20, 2010, 08:31 »

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I know Flickr very well, been registered with them since 4 years, and I can testify that they really do not check what people upload because the community is too huge to execute a quality or copyright control on every member... as deviantart or other photosharing network, included stock agencies I'd say.

Anyway I dealt with them regarding some copyright (CR) infringement and I have to say that they are very open and understanding in blocking people and closing accounts of those who are committing a CR crime.

At the bottom of the Flickr site, in every page, you can find a link "Copyright/IP Policy" where you can report your problem. Be sure they will act the soonest they can, since they're very sensitive in that field.

Ok, the guy can start another account and do it all over again but if his/her IP is blacklisted he won't be able to do that again on Flickr at least.


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Kone

« Reply #17 on: January 20, 2010, 09:52 »

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Quote from: Giuseppe Parisi on January 20, 2010, 08:31

Hi Giuseppe,
My experience is opposite, I filed out "Copyright/IP Policy", I sent them email, I sent them letter but they never respond. Guy who is displaying my image under his name doesn't answer either.

Kone


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Giuseppe Parisi

« Reply #18 on: January 20, 2010, 10:04 »

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Hi Kone!
hmmm sorry to hear that... sounds very strange.

Could you please give me the link of your original images and then the link of the same in the thief's flickr account?
I want to write a report to the yahoo copyright police as well, just to lend a hand.

Maybe it's just a matter of time but they will get back to you, I'm pretty sure.


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cclapper

Premium Member

« Reply #19 on: January 20, 2010, 10:25 »

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Kone, I could do so as well if you list the links.

And Jonathon, if you need help as well, please ask.


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Leila

New Member

« Reply #20 on: January 20, 2010, 16:20 »

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Quote from: Jonathan Ross on January 19, 2010, 17:24

Jonathan,

I have done a TinEye search for most of the images in this Flickr portfolio in case the search results are useful. Please bear in mind that some of the links in the results may have expired and the images may no longer be on the site we actually crawled. It seems that the images in this Flickr account may not have been created by the person who is posting them (National Geographic anyone?)


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Giuseppe Parisi

« Reply #21 on: January 20, 2010, 16:28 »

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Thanks I'll surely take some actions against this art thief later on.
Be sure!


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Jonathan Ross

« Reply #22 on: January 20, 2010, 17:35 »

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WOW Leila,

Some great investigation work. We have turned it over to Getty and they are all over it. A good friend and editor of mine is taking this one himself and finding out what is up. I trust him a great deal and I am sure he will find the answers. Stay tuned and I will let you know as soon as he gets back to me. Thanks again everyone for the support. This is where this site is really helpful in bringing us together as a team.

Best,
Jonathan


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Kone

« Reply #23 on: January 20, 2010, 17:38 »

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Quote from: Giuseppe Parisi on January 20, 2010, 10:04

Hi cclaper
Hi Giuseppe

I am sorry for late response

Link for my original image is
http://www.istockphoto.com/stock-photo-3879071-beer.php

And link for stolen image is
http://www.flickr.com/photos/cafecathi/3839201933#

Thanks for your help


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melastmohican

« Reply #24 on: January 20, 2010, 17:40 »

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Which agencies beside Getty use TinEye? It could never find any of my images besides IS.


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