pancakes

MicrostockGroup Sponsors


Author Topic: A COPYCAT  (Read 12067 times)

0 Members and 1 Guest are viewing this topic.

« on: February 19, 2015, 00:09 »
+1
I'd like to know about your opinion about this images ???


« Reply #1 on: February 19, 2015, 00:12 »
0
More ???

« Reply #2 on: February 19, 2015, 00:15 »
-1
more ???

« Reply #3 on: February 19, 2015, 00:18 »
+1
more and more ??? same guy.

« Reply #4 on: February 19, 2015, 00:22 »
+3
more  ???

« Reply #5 on: February 19, 2015, 00:26 »
+4
Wow that looks like copyright infringement to me! If those are yours I would get a layer. Even though they are different I think the artist concept has been stolen. Get a cease and desist from a layer.

« Reply #6 on: February 19, 2015, 00:32 »
+2
so many  ???

« Reply #7 on: February 19, 2015, 00:43 »
-1
elements world map style layer graphics too ???

No Free Lunch

« Reply #8 on: February 19, 2015, 00:45 »
+7
Here's the template from EmberMike to email them- >:(

"Dear Unoriginal Vector Artist,

Thanks for viewing my portfolio and picking out a few things you really like. I can tell right away which of my designs you were most inspired by because you copied them and are now selling them.

Fortunately for me you are as unskilled in creating vector graphics as you are in coming up with ideas of your own, so your stuff isn't really competing with mine. But you have still created some problems for me and I have to do something about this. But before I do, I thought you should know why. Because inevitably, whenever I report someone for copying my work, I get that angry email afterwards asking why I'm such an a*****e and why I bothered reporting you.

First, save the excuses. I've heard them all. Maybe you think I'll believe that you were just practicing, trying to learn how to do something by copying something else. And that's fine. I've done that myself. But I have never copied something to learn and then inadvertently keyworded it, saved it to various sizes and formats, and then accidentally uploaded it to multiple stock sites and put it up for sale.

You may also think I'll believe that you didn't know you couldn't sell other people's work. Or that you didn't think your design looked that much like mine. You were just "inspired" by my work and tried to do your own version.

Or if you're especially brazen you may even think anyone will believe that you actually are the original designer of that vector and that I, in fact, copied you. Even though it's pretty easy to prove otherwise.

But let's assume for a second that you don't throw any of these excuses at me and you really did just make this one mistake. You had this single lapse in judgement and 99% of your work is truly original. Then sure, I'd like to give you the benefit of the doubt and believe that you'll be more careful in the future not to copy anything of mine. But we still need to deal with this. Here's why...

I reuse a lot of elements from my designs in new work. I'll grab an icon I did last year or a graphic from a couple of years ago and work it into a new design. And since often the way that agencies assess cases of possible copying is to simply look at who uploaded the image first, now I could potentially look like the copier if I upload an image with that same graphic at a later date. Now because you copied my work, I'm potentially in danger of having my account with an agency terminated or suspended while they investigate. And although ultimately I'll be able to prove that I was the original artist, I can't take the chance that my accounts could be suspended even for a day. I'm not losing a day's earnings because of you.

So go ahead. Call me names, get angry that I reported you. Have at it. But understand that the innocent copying you did, thinking there was no harm in it, puts my livelihood at risk and hurts my ability to reuse stuff that I created and you decided to copy and sell. Maybe you think I really am an a*****e for being so overly protective of some silly clipart or vector icons. But please know that those silly graphics are the result of years of learning, practicing, studying the market and figuring out what sells and what doesn't. It's how my mortgage gets paid and how I pay for the clothes on my kids' backs. It took you just a few minutes to do your sloppy version of my design but it took me 8 years of working at this to get to this point, and I'm not about to let you or anyone else take it away because you felt entitled to copy my work.

I like to think I'm not a total a*****e so if this is a situation where it looks like you just copied 1 or 2 things of mine, I'll give you a chance to delete the infringing work, rather than going straight to the agencies and getting your accounts shut down. But that's a one-time, short-term offer to do the right thing. Refuse to remove the copied designs, try to explain why it's not an exact copy, or even refuse to respond to my request in a timely manner, and you're on your own in dealing with the wrath of compliance departments who won't give you the same courtesy I am.

If you do manage to come out of this with your microstock accounts still online, consider yourself lucky. Not many people who get caught copying others are able to get their accounts reinstated. Enjoy your good fortune and learn from it. If you are one of those few people who really did have a small lapse in judgement and made this one mistake, and you really do want the chance to build a legit portfolio, don't squander the opportunity. "

« Reply #9 on: February 19, 2015, 00:50 »
0
Easy to create right? ???

« Reply #10 on: February 19, 2015, 02:23 »
0
A layer of graphic design. ???

Dook

« Reply #11 on: February 19, 2015, 03:14 »
+20
This person is a copycat, that's for sure. But, it's not a copyright infringement.

« Reply #12 on: February 19, 2015, 04:09 »
+24
you really can't imagine that is a copyright infringement, i mean the idea looks the same but there are really different photos it is not copied per se. And what make you think that the original is "original"? If you make a search you will find dozens of photos with the same idea, not only those 2 contributors.

« Reply #13 on: February 19, 2015, 04:46 »
+11
Agree with some of the others here. Morally dubious but not illegal. You can't copyright a concept, but I hope the person doing it feels dirty when they upload stuff that is so blatantly copied. If I was running an agency I would ban this kind of copying because it sucks, IS used to do it when they gave a cr*p, they called it "abusive inspiration", a good term to describe it.

JKB

« Reply #14 on: February 19, 2015, 05:21 »
+2
I see a lot of this type of imagery on iStock as well, not least from some of the newer contributors playing catch-up. "Abusive inspiration" is a good term. Microstock is a melting pot of abusive inspiration.

Beppe Grillo

« Reply #15 on: February 19, 2015, 05:45 »
-2

« Reply #16 on: February 19, 2015, 05:50 »
0


« Reply #17 on: February 19, 2015, 05:51 »
0
Here's the template from EmberMike to email them- >:(

So now it's okay to plagiarise Mike?  ;D

Beppe Grillo

« Reply #18 on: February 19, 2015, 05:52 »
0
This is not copycat, this is Plagiarism
http://en.wikipedia.org/wiki/Plagiarism
http://definitions.uslegal.com/p/plagiarism/


Well, yeah, it's both.


Copycat should be an exact copy
Plagiarism is "inspiration"
From a legal point of view it is completely different

Here's the template from EmberMike to email them- >:(


So now it's okay to plagiarise Mike?  ;D


In this case the author has been cited and the text put in quotes, so it is a citation.
« Last Edit: February 19, 2015, 05:56 by Beppe Grillo »

« Reply #19 on: February 19, 2015, 05:55 »
+2
"Although plagiarism in some contexts is considered theft or stealing, the concept does not exist in a legal sense. "Plagiarism" is not mentioned in any current statute, either criminal or civil." ?

I don't think "copycat" is a legal term either. So from a "legal" point of view we are just puffing hot air.


Beppe Grillo

« Reply #20 on: February 19, 2015, 05:59 »
+2
"Although plagiarism in some contexts is considered theft or stealing, the concept does not exist in a legal sense. "Plagiarism" is not mentioned in any current statute, either criminal or civil." ?

I don't think "copycat" is a legal term either. So from a "legal" point of view we are just puffing hot air.


From http://definitions.uslegal.com/p/plagiarism/
"The original author can bring a lawsuit for appropriation of his/her work against the plagiarist and recover the profits. Although not normally a crime, a person who plagiarizes is subject to being sued for fraud or copyright infringement if prior creation can be proved."

« Reply #21 on: February 19, 2015, 06:12 »
-2
well great..now that i know i can sue all contributors that copied my red bitten apple isolated on white i uploaded 6 years ago. that was ironic. also the man or woman who held the first phone in hand can sue all other users who uploaded photos with phone in hand..because that was the first idea no? some of you should go and take really original concepts that are really hard to copy rather than spend time and asking who is "copying who".

« Reply #22 on: February 19, 2015, 07:43 »
0
you really can't imagine that is a copyright infringement, i mean the idea looks the same but there are really different photos it is not copied per se. And what make you think that the original is "original"? If you make a search you will find dozens of photos with the same idea, not only those 2 contributors.
On the right images from only one contributor. :'(
So amazing.

« Reply #23 on: February 19, 2015, 07:55 »
+1
Too much from one contributor? :-\

« Reply #24 on: February 19, 2015, 08:59 »
+4
zebra i'm sad that he's coping you're images that much...but i suggest you to find some peace because they won't close his account

« Reply #25 on: February 19, 2015, 09:25 »
+5
He/She clearly copying your works but i am afraid there is nothing you can do about it...

« Reply #26 on: February 19, 2015, 10:55 »
+2
you really can't imagine that is a copyright infringement, i mean the idea looks the same but there are really different photos it is not copied per se. And what make you think that the original is "original"? If you make a search you will find dozens of photos with the same idea, not only those 2 contributors.

It seems to be easy for making money. I just go to popular page and copy their ideas and adjust it a bit or just make my  photo by copy from them then I can stand in popular page and get more income.

Wowww thanks for good idea
 ;) ;) ;) ;D ;D


« Reply #27 on: February 19, 2015, 13:32 »
+2
A photographer's copyright *can* be infringed by plagiarism, not just by outright copying. I think you stand a good chance to shut this person down in most jurisdictions. I would consider getting a lawyer.

ShadySue

  • There is a crack in everything
« Reply #28 on: February 19, 2015, 13:56 »
+2
Have you contacted SS directly?

« Reply #29 on: February 19, 2015, 14:01 »
0
Have you contacted SS directly?
I don't know what to do right now. :(

« Reply #30 on: February 19, 2015, 14:03 »
+1
behavior like this. :(

« Reply #31 on: February 19, 2015, 14:06 »
+1
I wonder what would the stock image company do in that case...Even if is not considered infringement I take they might not like that...

I found this article by some lawyers that addresses the copycat,  copyright infringement versus plagiarism...

they address this issue Is in the middle of the article look for the title  is "Copyright Infringement versus Plagiarism" ...

bellow is the link.....

http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=84&Issue=6&ArticleID=2098

What do you guys think?

When it comes to clipart vectors, there are things that happen when it comes to similar...when people use the same techniques.


No Free Lunch

« Reply #32 on: February 19, 2015, 14:15 »
+3
have you contacted the artist directly? Same concepts for sure but not exact enough to be considered a copy.  Just a slight change is probably enough to get out of legal trouble. Sad but that's reality...  :-\


 

« Reply #33 on: February 19, 2015, 14:22 »
0
I wonder what would the stock image company do in that case...Even if is not considered infringement I take they might not like that...

I found this article by some lawyers that addresses the copycat,  copyright infringement versus plagiarism...

they address this issue Is in the middle of the article look for the title  is "Copyright Infringement versus Plagiarism" ...

bellow is the link.....

http://www.wisbar.org/newspublications/wisconsinlawyer/pages/article.aspx?Volume=84&Issue=6&ArticleID=2098

What do you guys think?

When it comes to clipart vectors, there are things that happen when it comes to similar...when people use the same techniques.

so confused :o

« Reply #34 on: February 19, 2015, 14:23 »
0
have you contacted the artist directly? Same concepts for sure but not exact enough to be considered a copy.  Just a slight change is probably enough to get out of legal trouble. Sad but that's reality...  :-\


 

I try but can't contact him. :(

« Reply #35 on: February 19, 2015, 14:28 »
+1
A very smart copycat :-\

No Free Lunch

« Reply #36 on: February 19, 2015, 14:28 »
+2
have you contacted the artist directly? Same concepts for sure but not exact enough to be considered a copy.  Just a slight change is probably enough to get out of legal trouble. Sad but that's reality...  :-\


 

I try but can't contact him. :(

FYI

https://www.facebook.com/vasinl?fref=nf




« Reply #37 on: February 19, 2015, 14:39 »
0
have you contacted the artist directly? Same concepts for sure but not exact enough to be considered a copy.  Just a slight change is probably enough to get out of legal trouble. Sad but that's reality...  :-\


 

I try but can't contact him. :(

FYI

https://www.facebook.com/vasinl?fref=nf
Thank you.I will send a message.
« Last Edit: February 19, 2015, 14:53 by zebra007 »

« Reply #38 on: February 19, 2015, 14:53 »
+5
Without looking at each image in minute detail, i am assuming that all originals are yours and all copies have later sequence numbers on shutterstock.

By all means contact him but make it clear that unless he takes these down straight away, you will report to shutterstock.

If not resolved, then give the detail to shutterstock.  If there is any justice in this world, the volume of this activity should at very least cause them to remove the images with the possibility that they close his account altogether.

If you feel like it, miss out contacting him and go straight to shutterstock.

I hope you get it resolved.


No Free Lunch

« Reply #39 on: February 19, 2015, 14:55 »
+1
have you contacted the artist directly? Same concepts for sure but not exact enough to be considered a copy.  Just a slight change is probably enough to get out of legal trouble. Sad but that's reality...  :-\


 

I try but can't contact him. :(

FYI

https://www.facebook.com/vasinl?fref=nf
Thank you.I will send a message.

Maybe you can hire him since he seems to like your style so much - at least you would get all his images and he gets paid 8)


« Reply #40 on: February 19, 2015, 14:57 »
+1
Without looking at each image in minute detail, i am assuming that all originals are yours and all copies have later sequence numbers on shutterstock.

By all means contact him but make it clear that unless he takes these down straight away, you will report to shutterstock.

If not resolved, then give the detail to shutterstock.  If there is any justice in this world, the volume of this activity should at very least cause them to remove the images with the possibility that they close his account altogether.

If you feel like it, miss out contacting him and go straight to shutterstock.

I hope you get it resolved.
Thank you all very kind from this forum :)

« Reply #41 on: February 19, 2015, 15:02 »
-3
why don't you sue all the 256 pages with this similars then?

http://www.shutterstock.com/cat.mhtml?lang=en&language=en&ref_site=photo&search_source=search_form&version=llv1&anyorall=all&safesearch=1&use_local_boost=1&search_tracking_id=cLj7PVlJgFdDCdfILnTd8A&searchterm=business%20man%20growth%20graph&show_color_wheel=1&orient=&commercial_ok=&media_type=images&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&color=&page=1

man...you are really blind. if it is not exactly the same photo used with other vector graphic on it it can't be copyright infringement, if it is please show us how you registered the copyright for the concept. pathetic really. i hope you understand what i mean.

« Reply #42 on: February 19, 2015, 15:08 »
+4
Contact Shutterstock, some of those are way too close to be acceptable.  SS should be protecting you from people stealing your images along with copying them.  You are wrong if you think an image has to be exactly the same, a carbon copy, in order for it to be infringing on his rights.  Good luck. 

I also don't see any reason to contact that contributor unless you do it through a lawyer.

« Reply #43 on: February 19, 2015, 15:12 »
0
why don't you sue all the 256 pages with this similars then?

http://www.shutterstock.com/cat.mhtml?lang=en&language=en&ref_site=photo&search_source=search_form&version=llv1&anyorall=all&safesearch=1&use_local_boost=1&search_tracking_id=cLj7PVlJgFdDCdfILnTd8A&searchterm=business%20man%20growth%20graph&show_color_wheel=1&orient=&commercial_ok=&media_type=images&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&color=&page=1

man...you are really blind. if it is not exactly the same photo used with other vector graphic on it it can't be copyright infringement, if it is please show us how you registered the copyright for the concept. pathetic really. i hope you understand what i mean.

You made me confused.
So I should understand that things are normally right?. :-\
« Last Edit: February 19, 2015, 15:15 by zebra007 »

« Reply #44 on: February 19, 2015, 15:17 »
-2
one thing is to be inspired by an idea and make one different photo yourself...other angle...other design...that from my point of view is OK. it is NOT ok to just copy a photo make a few adjustments, change 2 colors and draw a different graphic on it..and than claim that is your idea.

Please tell me that you made that photos from your OWN mind and haven't looked at the existing shutterstock database with concepts close to yours BEFORE making that "new concepts".
« Last Edit: February 19, 2015, 15:25 by andy_arden »

« Reply #45 on: February 19, 2015, 15:19 »
0
Contact Shutterstock, some of those are way too close to be acceptable.  SS should be protecting you from people stealing your images along with copying them.  You are wrong if you think an image has to be exactly the same, a carbon copy, in order for it to be infringing on his rights.  Good luck. 

I also don't see any reason to contact that contributor unless you do it through a lawyer.
I think you have a good reason.
I will do it. :-*

« Reply #46 on: February 19, 2015, 15:28 »
0
one thing is to be inspired by an idea and make one different photo yourself...other angle...other design...that from my point of view is OK. it is NOT ok to just copy a photo make a few adjustments, change 2 colors and draw a different graphic on it..and than claim that is your idea.

Please tell me that you made that photos from your OWN mind and haven't looked at the existing shutterstock database with concepts close to yours BEFORE making that "new concepts".
I understand I did not made the masterpiece.
But my images made before him.Please see ID:number.
What should i do for this case? :-\


« Reply #47 on: February 19, 2015, 15:37 »
-1
it is not about the photo being a masterpiece. it also could be a piece of c**p which isn't the case here, your photos are all right by quality terms. it is about an idea. you aren't the one that made a business man with hand touching graphic concept. that fact that that files appeared after yours isn't relevant either (as long as the photo is NOT identical). One thing is clear to me now even if you didn't say it directly. You yourself have been inspired by similar concepts and you try now to take down a user that "copied" your "original" concept. Thanks for clearing this for me. Good luck with your work.

dpimborough

« Reply #48 on: February 19, 2015, 16:52 »
+1
Or you could send him a nice "polite" message on his FB account


 ;)

"Not Everyone can become a great artist, But a great artist can come from anywhere."

What a ham!

« Reply #49 on: February 19, 2015, 17:27 »
+4
it is not about the photo being a masterpiece. it also could be a piece of c**p which isn't the case here, your photos are all right by quality terms. it is about an idea. you aren't the one that made a business man with hand touching graphic concept. that fact that that files appeared after yours isn't relevant either (as long as the photo is NOT identical). One thing is clear to me now even if you didn't say it directly. You yourself have been inspired by similar concepts and you try now to take down a user that "copied" your "original" concept. Thanks for clearing this for me. Good luck with your work.

This poster may be right or he may be wrong.  Creative work will inevitably involve taking some influence from the work of others. However, many of us here seem to think that the copier has gone too far, too often.  By putting it to shutterstock, i think that you will have a good chance of them taking action. 

Let us know what happens.


« Reply #50 on: February 19, 2015, 17:43 »
+4
The originals noted above are from multiple portfolios - I'm confused about which ones are the work of the OP and which aren't.

I looked at the key in the shining key images wondering if the copycat had been lazy enough to use someone else's stock image (the key has a pretty distinctive design) but there are several isolated shots of  that "antique" key on Shutterstock, so I assume it's a fairly common item.

Lots of composite images (all the CCTV cameras) but although it's the same camera photoshopped on, there's no indication it's someone else's camera (and I didn't check all the background shots, but at least some are from the copycat's own portfolio).

There are masses of near duplicates in the copycat's portfolio - same background with a few changed words - I can't see how any more than a handful got accepted, but that's another story. The icons, recycle symbols and such are all pretty generic, so I doubt there's any direct evidence there of misuse of someone else's work.

As far as the copying a concept issue, he seems to be spreading the love around and copying multiple concept setups from multiple contributors. I think that behavior would merit a warning to stop it and produce something more original if I were running the agency, but I don't think it qualifies for a DMCA takedown or copyright infringement, irritating as it is.
« Last Edit: February 19, 2015, 20:51 by Jo Ann Snover »

« Reply #51 on: February 19, 2015, 19:29 »
+1
It is straight up copying of the concept. Sadly they didn't even put their own spin on it. Since the images and assets used are not the same I don't think you can do much about it. This is just common place. The best you can do is keep creating. Let him be Burger King to your McDonalds...
« Last Edit: February 19, 2015, 19:36 by dingles »

« Reply #52 on: February 20, 2015, 00:40 »
+6
Don't worry what you should do.
Contact Shutterstock and they can decide whether they should start a conversation with the copycat. If they feel it is too blatant they will put a stop to it. They will question the other artist and let you know what they decide.

« Reply #53 on: February 20, 2015, 02:09 »
+5
Don't worry what you should do.
Contact Shutterstock and they can decide whether they should start a conversation with the copycat. If they feel it is too blatant they will put a stop to it. They will question the other artist and let you know what they decide.

Agreed, I'd just let Shutterstock know about it.

Semmick Photo

« Reply #54 on: February 20, 2015, 02:13 »
+3
.... Let him be Burger King to your McDonalds...
BK is so much better than Mickey D !  ;)

« Reply #55 on: February 20, 2015, 07:32 »
+2
.... Let him be Burger King to your McDonalds...
BK is so much better than Mickey D !  ;)

They are both crap, but the analogy comes from Burger King always following and copying McDonalds, may not ring as true today, but that is a common business analogy when talking about copycats. Also pointing out it copying happens in all fields,

« Reply #56 on: February 20, 2015, 10:27 »
0
have you contacted the artist directly? Same concepts for sure but not exact enough to be considered a copy.  Just a slight change is probably enough to get out of legal trouble. Sad but that's reality...  :-\


 

I try but can't contact him. :(




I sent a message to him but no response. :-\

FYI

https://www.facebook.com/vasinl?fref=nf


« Reply #57 on: February 20, 2015, 10:29 »
0
Don't worry what you should do.
Contact Shutterstock and they can decide whether they should start a conversation with the copycat. If they feel it is too blatant they will put a stop to it. They will question the other artist and let you know what they decide.

Agreed, I'd just let Shutterstock know about it.
Thank you very much Leaf. :-*

« Reply #58 on: February 20, 2015, 10:31 »
0
you really can't imagine that is a copyright infringement, i mean the idea looks the same but there are really different photos it is not copied per se. And what make you think that the original is "original"? If you make a search you will find dozens of photos with the same idea, not only those 2 contributors.

It seems to be easy for making money. I just go to popular page and copy their ideas and adjust it a bit or just make my  photo by copy from them then I can stand in popular page and get more income.

Wowww thanks for good idea
 ;) ;) ;) ;D ;D

I think so. 8)

« Reply #59 on: February 21, 2015, 16:38 »
+1
so??? write to Yuri or anyone of the top sellers and see how they feel about it  ;D
it's been like that in every business. eg Willie Dixon vs Led Zeppelin; Robert Johnson vs Cream (Eric Clapton,etc). It's hard to prove you invented the wheel

« Reply #60 on: February 23, 2015, 21:24 »
0
.
« Last Edit: February 23, 2015, 22:27 by zebra007 »

« Reply #61 on: February 23, 2015, 22:28 »
0
so??? write to Yuri or anyone of the top sellers and see how they feel about it  ;D
it's been like that in every business. eg Willie Dixon vs Led Zeppelin; Robert Johnson vs Cream (Eric Clapton,etc). It's hard to prove you invented the wheel
:)


 

Related Topics

  Subject / Started by Replies Last post
20 Replies
4594 Views
Last post February 24, 2008, 13:05
by ludesal
23 Replies
10289 Views
Last post February 17, 2011, 11:32
by TheSmilingAssassin
25 Replies
6549 Views
Last post September 30, 2011, 01:45
by BaldricksTrousers
130 Replies
28067 Views
Last post March 15, 2012, 04:34
by BaldricksTrousers
14 Replies
4849 Views
Last post November 12, 2015, 04:22
by Dave

Sponsors

Mega Bundle of 5,900+ Professional Lightroom Presets

Microstock Poll Results

Sponsors

3100 Posing Cards Bundle