SS removing images

wut

« on: November 19, 2011, 06:46 »

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I've just had a handful of images removed for TM issues. I don't really care since they were low sellers and I can't remember when any of those got Dled for the last time, but certainly it was back at 33c level (I uploaded those shots about 18 months ago). What I'm wondering is, if it happened to any of you. Are they cleaning up the library? I'd certainly support that, they could erase all that didn't sell in the last 2 years and also those that don't meet today's IQ standards (including my photos of course). But that would be too time consuming anyway, so I don't expect it to happen on a large scale, although reducing the number of files online would make site run smoother.


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zager

« Reply #1 on: November 19, 2011, 08:20 »

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I don't know how this is done at SS. We delete images in case there's a complain from the trademark owner (eg. author/owner of the building etc.). I guess that's the same issue there. So it's on case by case basis.


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Pixart

« Reply #2 on: November 20, 2011, 13:53 »

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Also, sometimes there's actual policies but photos get through anyway. Like a John Deere Tractor (trademarked colours) or Canadian coins for example - the photographer will be outraged six months later that his photos were removed, when they shouldn't have been permitted in the first place.


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wut

« Reply #3 on: November 20, 2011, 14:05 »

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Quote from: Pixart on November 20, 2011, 13:53

Indeed, I'm not mad because they did it, IS rejected them in the first place, so making a few bucks is better than making nothing (if the photos are already retouched and keyworded anyway). They're still online at all the other sites


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Anyka

Premium Member

« Reply #4 on: November 20, 2011, 14:41 »

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I just cleaned up my own portfolio there - I would have preferred it if Shutterstock would have done the hard work for me

Which subjects dit they remove? We might learn something here and keep away from those subjects.


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gostwyck

« Reply #5 on: November 20, 2011, 20:12 »

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Quote from: wut on November 20, 2011, 14:05

Ultimately you, as the photographer/contributor, are responsible and potentially liable for any future issues with your submissions. You signed to agree to that with most if not all agencies. If the agencies disable your files for trademark or copyright breaches then they are doing you a favour.


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wut

« Reply #6 on: November 21, 2011, 04:29 »

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Quote from: gostwyck on November 20, 2011, 20:12

Quote from: wut on November 20, 2011, 14:05

I think it wasn't the TM issue in the first place. But it looks that when it comes to footballs, only those made of black&white octagons are allowed. Which is kind of absurd, it's like models would have to wear only patern-less clothing, one color only. But as I said I'm fine with the decision, I at least got some money, but I guess I would be in a bad mood if there was a best seller among them.


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RapidEye

« Reply #7 on: November 21, 2011, 08:35 »

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Quote from: gostwyck on November 20, 2011, 20:12

Are you sure about that? Seems to me it's the end user that needs to look out. Neither I nor the agency seem to make any representations to customers that images are as clean as a whistle or suitable for all uses.


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gostwyck

« Reply #8 on: November 21, 2011, 09:58 »

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Quote from: RapidEye on November 21, 2011, 08:35

In uploading content you agree to be making certain representions and warranties regarding your content. I'm no lawyer but it seems to me there is the potential to be held liable if you upload content that infringes the copyright of others. You might be able to make more sense than me out of Para 12 here;

http://submit.shutterstock.com/tostos.mhtml


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RacePhoto

« Reply #9 on: November 22, 2011, 00:55 »

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Quote from: gostwyck on November 21, 2011, 09:58

Quote from: RapidEye on November 21, 2011, 08:35

I wasn't going to bother, but since you guys continued it. (Any bold is mine)

Submitter:

4.
Accounts: Shutterstock has the right to refuse to establish an account or to close any existing account, for fraud, copyright infringement, violation of a third party's rights of privacy or publicity, artificially inflating downloads...

11.
Representations and Warranties:
You represent and warrant that:

f.
the Submitted Content is neither obscene nor defamatory and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;

12... except in the case of third party claims, you shall not be liable for any incidental, consequential, or special damages.

Buyer:

25.
Shutterstock warrants and represents that:
a)
unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties' rights of privacy or publicity;
b)
Unaltered Images do not and will not: (i) violate any US law, statute, ordinance, or regulation; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
c)
While Shutterstock makes commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of our Editorial Images, Shutterstock makes no warranties and/or representations regarding such keywords, Image descriptions or integrity.

YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.

So lets say the whole thing in a nutshell says, we (the artists) promise that everything we upload does not infringe or anything else not allowed. SS promises to the buyer that nothing will infringe, or anything else. And, that the end responsibility for use is in the hands of the buyer for any commercial use.


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