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Author Topic: Zazzle and Co. - which agency's EL allows sale of items with my images on them?  (Read 6828 times)

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« on: June 16, 2009, 15:19 »
0
I found an image of mine on Zazzle for sale on many products.

Which of the micros sells an EL that allows POD (Print On Demand)? All of them? None?

Any help would be appreciated.

Can't wait to sell Yuri's stuff...  >:(
« Last Edit: June 16, 2009, 15:22 by click_click »


« Reply #1 on: June 16, 2009, 15:45 »
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Aaaargh,
 
nevermind, the user admitted of not having a license at all claiming that she never sold it.

However out of 1,184,420 search results for the main keyword that applies to my image, mine showed up on page three (out of 39.481 pages) sorted by most popular.  :o

I guess a least the image is off the site now.

So to everyone,

check Zazzle.com every now and then...  

« Reply #2 on: July 05, 2011, 09:19 »
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Sorry to resurrect this old thread, but I have exactly the same question and can't seem to start a new thread.  I've just found a calendar made up of mostly all my photos being sold on Zazzle, but as I sell through about 10 microstock sites I don't want to send a notice if any of the sites actually allow "print on demand".  Does anyone know, thanks in advance

« Reply #3 on: July 05, 2011, 09:35 »
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Sorry to resurrect this old thread, but I have exactly the same question and can't seem to start a new thread.  I've just found a calendar made up of mostly all my photos being sold on Zazzle, but as I sell through about 10 microstock sites I don't want to send a notice if any of the sites actually allow "print on demand".  Does anyone know, thanks in advance

You can go two ways:

1. Contact the seller directly and ask if they purchased an EL and if so where. If they don't answer you there is a chance that they never purchased the EL in the first place - maybe not even a regular license. Let them know in your message that you want to have the products removed or you are forced to contact Zazzle about it.

2. Contact Zazzle right away (my preferred option) with a DMCA claim and they will just take it down. The account won't be closed so don't be afraid that those people really get punished.

In all of the instances that I complained to Zazzle, not one seller ever had a license of my images - never.

Your mileage may vary and these are my 2 cents.

helix7

« Reply #4 on: July 05, 2011, 09:48 »
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How do you guys find your stuff on Zazzle?

« Reply #5 on: July 05, 2011, 09:51 »
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This topic came up recently on SS. When you read through Zazzle's Sub Licensing Agreement it says this:

Quote
Representations. You represent that:

    * You are the owner of the Design or that the Design is in the public domain; and
    * You have the legal right grant this license to Zazzle and to enter into this Agreement; and
    * To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
    * The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
    * The Design is not defamatory or obscene; and
    * The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
    * Zazzle may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
    * If the Design is published for use on Zazzle Custom Stamps, the Design meets the Zazzle Custom Stamps Appropriate Use Guidelines.


Here's the full text:

http://www.zazzle.com/mk/policy/nonexclusive_license_agreement

It makes me wonder if Zazzle allows users to use stock, regardless of the stock agencies' policies.

« Reply #6 on: July 05, 2011, 09:53 »
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This topic came up recently on SS. When you read through Zazzle's Sub Licensing Agreement it says this:

Quote
Representations. You represent that:

    * You are the owner of the Design or that the Design is in the public domain; and
    * You have the legal right grant this license to Zazzle and to enter into this Agreement; and
    * To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
    * The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
    * The Design is not defamatory or obscene; and
    * The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
    * Zazzle may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
    * If the Design is published for use on Zazzle Custom Stamps, the Design meets the Zazzle Custom Stamps Appropriate Use Guidelines.


Here's the full text:

http://www.zazzle.com/mk/policy/nonexclusive_license_agreement

It makes me wonder if Zazzle allows users to use stock, regardless of the stock agencies' policies.


Great, thanks for posting this!

« Reply #7 on: July 05, 2011, 11:12 »
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Zazzle's upload page has a prominent line on it saying:

"Respect the rights of others. Ensure that you have the right to use the images you upload."

Which, I guess, answers the question.

« Reply #8 on: July 05, 2011, 11:17 »
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I can't seem to find a way to contact the sellers (I have since found a couple more) on Zazzle and I don't want to post a DMCA notice without being certain that it is justified.  My main concern was that the seller may have purchased the image from a site that allows POD with an extended licence, and for some reason I thought Fotolia allowed this although now I don't know where I found that before! 

Just had another look on Fotolia and it seems to say that buyers cannot grant a sub-licence or use the images for POD


3. Restrictions

Notwithstanding anything to the contrary contained in this Agreement, and without limitation to any aforementioned restrictions, the Non-Exclusive Downloading Member acknowledges, agrees and warrants that he or she shall not:

(a) sub-license, sell, assign, convey or transfer any of it"s rights under this agreement. Sell, license or distribute the Work or any modified Work as stand-alone files or as part of an online database or any other database, or any derivative product containing the Work in such way that would allow a third party to download, extract or access the Image as a stand-alone file;

(b) share the Work with any other person or entity except as expressly permitted under this Agreement;

(c) post the Work online in downloadable format, post the Work on an electronic bulletin board, or enable the Work to be distributed via mobile telephone devices. Include the Work in any electronic template or application, including those that are web based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to website design, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter;

(d) download or store the Work on more than one computer at the same time, except that the Non-Exclusive Downloading Member may make a single backup copy to be stored on media separate from the single permitted computer;

(e) use, reproduce, distribute or display the Work in connection with design template applications intended for resale;

(f) use, reproduce, distribute or display the Work in connection with any goods or services intended for resale or distribution which primary value lies in the work itself, including, without limitation, mugs, t-shirts, posters, greeting cards, posters or other merchandise, and any of the foregoing in "print on demand" or tangible or electronic formats, as applicable




Does anyone know of any other sites that might allow POD with an extended licence?

« Reply #9 on: July 05, 2011, 11:32 »
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GLO has some "Merchandise license".
When I started to sell at Zazzle, they sent me email with the question where my images come from so I sent them them links to my portfolios. It looks like this question is sent to all new Zazzlers. I wonder what are the thieves answers. Personally I don't think there are many Zazzlers that would spend money for EL license. Zazzle is too uncertain business for investing money.
You can contact seller at his site - view profile - send message. But I think it is more effective to push "report violation" button at product's site or send email to content_review@zazzle.com if you don't have an accout.

« Reply #10 on: July 05, 2011, 11:34 »
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You cannot be certain, unless you have sold only ONE extended license per image used in the calendar. Then only you would know which agency it was and there you can read their terms.

If you have sold many ELs (or more than one for that matter) how could you be certain that this seller bought it from the that one agency that allows POD?

You can't! It's as simple as that.

I've contacted numerous agencies to find out if a certain buyer did buy my images and according to any agency's privacy terms they won't tell you.

I've had the name, address etc. of a specific individual who I know of that ripped my image and I had to find out which agency might have sold it to him, nobody would release that info, not even a simple yes or no.

Since I know the thief's name etc. it's up to me to hire an attorney or pay court fees to get a court order issued. Only then the agencies will release the buyer's information. Pretty sick.

So, I can only give you my opinion and I'm saying that your images have been stolen. The person may have bought a license from an agency but I think it's almost certain that no license that he acquired allows him to do that.

Furthermore, I have not yet heard one time anywhere that someone found their image on Zazzle from another seller who actually had purchased the appropriate license for POD.

I'm not saying it hasn't happened but I wonder why I haven't heard about it. Maybe someone here on the forum made that experience.
It would be great to know.

Good luck.
« Last Edit: July 05, 2011, 11:36 by click_click »

« Reply #11 on: July 05, 2011, 13:08 »
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I believe that an EL is not enough to sell on Zazzle.
Zazzle requires the user to grant them a worldwide license on the design and RF licenses are non transferable.

Imagine what kind of world it would be if anyone who gets an EL can grant licenses to third parties.

« Reply #12 on: July 05, 2011, 14:20 »
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Thanks for all the replies, I've sent a complaint to Zazzle with a link to my images, saying that I don't believe that I've sold a licence allowing POD.  I'll wait and see what happens!

« Reply #13 on: July 06, 2011, 17:39 »
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I think IS doesn't allow POD even with ELs, FT allows and DT isn't clear.

« Reply #14 on: July 07, 2011, 08:19 »
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I believe that when a stock agency license allows POD it's allowed only to the purchaser of the license if he has a system to do the POD and handle the client orders.

Uploading an image to Zazzle and posting the product for sale is no different than uploading to an agency and posting an image for sale. When an user post a product on Zazzle, it's Zazzle the one that is doing the POD and the user only collects royalties.

Being allowed to do POD is not the same as "uploading an image to Zazzle, granting them a license to do POD and collect royalties".

I think the only license that allows uploading to Zazzle is "Sell the rights" on Dreamstime. As it clearly states that all rights, exclusivity and ownership is purchased with the license.
« Last Edit: July 07, 2011, 08:27 by fujiko »

« Reply #15 on: July 07, 2011, 10:32 »
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At least the Shutterstock license explicitly does not allow to use images on Cafepress:

http://www.shutterstock.com/licensing.mhtml?type=enhanced

Under 'Restrictions':
Quote
YOU MAY NOT:
7.
Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).


I haven't checked the other agencies.

« Reply #16 on: July 07, 2011, 17:11 »
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Looks like BigStock's EL allows it:

Quote
PERMITTED USES

5. This Agreement grants you the right to:

    a. Incorporate Images on tangible products for resale, including shirts, hats, mugs, calendars, stationery items, cards and other small items;

    b. Print, paint, copy or render licensed image on canvas, paper or other mediums for distribution;

...

« Reply #17 on: July 07, 2011, 18:14 »
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oboy,

This is something that is not clear in some licenses, I think iStock allows products for resale with an EL, but not POD (don't ask me why). DT is not clear either.

« Reply #18 on: July 07, 2011, 18:43 »
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It doesn't looks like to me that BigStock is exuding POD in its EL license.
http://www.bigstockphoto.com/licensing-tos.html

Also 123rf looks like to include an EL license that would alow the use in Zazzle

Quote
Privacy And License
...
3. What is Extended License and when do I need one?
Extended license covers use for Design Templates for resale (Web and/or Print), Prints for Resale Poster, Greeting Cards, Prints on Merchandise for Resale (mugs, stationery, t-shirts, etc), Design Elements on Software for Resale and any other Derivative Resale Objects. Each extended license is applicable for (one) image.
...


http://www.123rf.com/faq.php

« Reply #19 on: July 08, 2011, 00:33 »
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Don't read what is allowed to print, read what is restricted to do with the license:

From Bigstock extended license

Quote
When you download an image at Bigstock, you're purchasing a license to use that image with limited rights. You are not purchasing the image and the contributor/creator retains the copyright.

Very simple and straightforward.

Quote
3. Each separate use of an Image downloaded hereunder requires a separate payment.  For example, if an Image is used as part of a website design and in a business card, the Image license must be paid for two times. This is accomplished by downloading and paying for the Image as many times as necessary.  Using an Image in multiple products without purchasing separate licenses for such uses is a violation of this Agreement and might expose you to liability for copyright infringement.

That means:
mugs? one license.
cards? another license.
shirts? another.
and so on...

Quote
USAGE RIGHTS

4. By this Agreement, Bigstock grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein and in Part II hereof.  You may however transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating.

For the sole purpose of printing manufacturing. Zazzle not only does the printing, it also does the sale.

Quote
17. The work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Bigstock Image(s) please notify us via email at support@bigstockphoto.com.

Zazzle is neither the 'yourself', nor the direct employer, client or costumer.

From 123rf enhanced license

Quote
4. You may NOT

(a) distribute the Content, electronically or in hard copy, except as specifically authorized under paragraph 3 above;

(b) authorize any third party to use the Content for any purpose or resell, sublicense, or otherwise make available the Content for use or distribution separately or detached from a product or Web page;

So, by 123RF you cannot authorize third parties to resell, sublicense and so on.

All those are incompatible with Zazzle agreement:

Quote
Licenses. By uploading Designs to the Site or creating Designs with Zazzle's design tools, you grant the following licenses to Zazzle: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products; and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category if you agree that your Design may be used in such category. If you select the "customizable" option, you also agree that Zazzle and its customers may make changes to the Design for the purposes of creating and ordering Products.

Quote
Representations. You represent that:

    You are the owner of the Design or that the Design is in the public domain; and
    You have the legal right grant this license to Zazzle and to enter into this Agreement; and
    To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
    The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
    The Design is not defamatory or obscene; and
    The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
    Zazzle may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
    If the Design is published for use on Zazzle Custom Stamps, the Design meets the Zazzle Custom Stamps Appropriate Use Guidelines.

Microbius

« Reply #20 on: July 12, 2011, 07:19 »
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As someone pointed out on the Zazzle forum, it's all pretty irrelevant. Zazzle want you to be able to sub-license the images to them so they can cover their a*s. As no micro license will let you do this (other than the DT buy the rights thing) no one should be using images they don't own.


 

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