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MicrostockGroup » Forum » Microstock Photography Forum - General » Image Sleuth » using other's images as backgrounds and reselling as stock?

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Topic: using other's images as backgrounds and reselling as stock?  

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Void



« on: May 07, 2010, 10:08 »
I was roaming thru istock this morning and noticed a shot I liked, zoomed in and saw that the background is one of my cityscape  images, altered, cloned, etc, but my image nonetheless, and in the foreground is the model....

Is this type of use permissible in stock? I didn't think it was and didn't want to post the images yet for if the photographer is breaking the law, I prefer to do much more than ask them to take them down...

Any thoughts?

Thanks!
S


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lisafx


Premium Member
« Reply #1 on: May 07, 2010, 10:19 »
Quote from: Void on May 07, 2010, 10:08
I was roaming thru istock this morning and noticed a shot I liked, zoomed in and saw that the background is one of my cityscape  images, altered, cloned, etc, but my image nonetheless, and in the foreground is the model....

Is this type of use permissible in stock? I didn't think it was and didn't want to post the images yet for if the photographer is breaking the law, I prefer to do much more than ask them to take them down...

Any thoughts?

Thanks!
S

No, it's not permissible.  Whoever did this violated the contributor agreement of the stock site.  You should report them.  

Also, it might be worth posting a link to their port here so other artists can check and see if their images have been misused also.


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cthoman



« Reply #2 on: May 07, 2010, 10:27 »
Yeah, that's a big violation. I would definitely report them.


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cascoly

Dreamstime Gauge
« Reply #3 on: May 07, 2010, 13:32 »
it's not only a contributor violation, it's also a violation of the terms of use  - assuming the new work acquired the original legally.

s


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Void



« Reply #4 on: May 07, 2010, 15:21 »
thanks all, i got a great and timely response from istock.
yes, it is copyright infringement, here is whar they sent me :
"Thank you very much for your message.

Yes, this would be copyright infringement as the other artist owns the rights to their intellectual property.

Therefore; this would not be permitted.

All of your work will need to be 100% original creations made by you.

I apologize for any inconvenience this causes."


reporting them and just getting the images pulled just doesnt seem to be enough. this is a well seasoned photographer and knows better!


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sjlocke

iStock Gauge
« Reply #5 on: May 07, 2010, 15:22 »
It doesn't sound like you phrased the message correctly.  They think you are asking if you can do it.


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Albert Martin


« Reply #6 on: May 07, 2010, 15:30 »
Yes they are STUPID as ALWAYS!

;-)


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cclapper


Premium Member

Dreamstime Gauge
« Reply #7 on: May 07, 2010, 16:09 »
Quote from: Void on May 07, 2010, 15:21
thanks all, i got a great and timely response from istock.
yes, it is copyright infringement, here is whar they sent me :
"Thank you very much for your message.

Yes, this would be copyright infringement as the other artist owns the rights to their intellectual property.

Therefore; this would not be permitted.

All of your work will need to be 100% original creations made by you.

I apologize for any inconvenience this causes."


reporting them and just getting the images pulled just doesnt seem to be enough. this is a well seasoned photographer and knows better!

I agree with Sean. I think you need to make it clear to IS that someone else is using YOUR photo and claiming it as their own copyright. You should supply IS with a link to your background to prove it is yours. Then supply them with a link to the infringing photo. If they are indeed infringing, their account will be closed, IS will not just pull the image.


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Void



« Reply #8 on: May 07, 2010, 17:17 »
i made it clear in my reply to support.
i wanted to know what the rules were.....
plain and simple.

had i heard back from them before i posted this, this post wouldnt exist
:-)

i dont believe in putting all my cards on the table until i know what my opponent is holding
;-)

again thank you all for your thoughts

bye bye


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cthoman



« Reply #9 on: May 07, 2010, 17:50 »
Wait...I...umm...Huh?  Huh


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crazychristina


iStock Gauge
« Reply #10 on: May 07, 2010, 18:06 »
Sounds like a seasoned photographer has put him/her self in a rather vulnerable position.


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chellyar


Dreamstime GaugeiStock Gauge
« Reply #11 on: May 07, 2010, 18:31 »
The suspense is killing me....    Cool

Can we please have a link?  Even a hint... Keywords to search for?  Anything?  Cheesy


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sjlocke

iStock Gauge
« Reply #12 on: May 07, 2010, 18:59 »
Quote from: Void on May 07, 2010, 17:17
i made it clear in my reply to support.
i wanted to know what the rules were.....
plain and simple.

had i heard back from them before i posted this, this post wouldnt exist
:-)

i dont believe in putting all my cards on the table until i know what my opponent is holding
;-)

again thank you all for your thoughts

bye bye

Uh, ok.  Someone is using your image against the rules, which we told you.  You asked support an ambiguous question without stating your situation, where you are in the right.

I don't know what the "cards on the table" bit is about.

You're on your own now.


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crazychristina


iStock Gauge
« Reply #13 on: May 07, 2010, 19:32 »
Quote from: Void
reporting them and just getting the images pulled just doesnt seem to be enough. this is a well seasoned photographer and knows better!
Given that the offender is possibly about to lose his istock income, forever, the OP may wish to negotiate some settlement for the illegal use of his image. Not possible of course, if there is full disclosure.
« Last Edit: May 07, 2010, 19:37 by averil »

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chellyar


Dreamstime GaugeiStock Gauge
« Reply #14 on: May 07, 2010, 19:40 »
Quote from: averil on May 07, 2010, 19:32
Quote from: Void
reporting them and just getting the images pulled just doesnt seem to be enough. this is a well seasoned photographer and knows better!
Given that the offender is possibly about to lose his istock income, forever, the OP may wish to negotiate some settlement for the illegal use of his image. Not possible of course, if there is full disclosure.

Good point, I'd not thought of that angle....

Scratch the request for a link for the mo.   Roll Eyes


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Anyka


Premium Member
« Reply #15 on: May 08, 2010, 00:20 »
Not a bad idea at all, since we all know that the only thing any site will do in a situation like this is close down the infringer's account, without compensation for the one who reported it.   A settlement between the copyright holder and the infringer + removal of all images involved would be a much better solution for every party (even for Istock!).


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