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Author Topic: Dealing with copycats  (Read 4670 times)

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Mir

« on: March 27, 2017, 13:18 »
0
I accidentally found out someone has copied some of my images. She changed shapes and what not but it is so obvious and lazy.
This is happening on etsy where I sell too.
I am frustrated the whole day and read a lot of discussions there on the topic and the general thinking is that you can't do anything about it if the person didn't trace your image or took your image.
I am surprised as it seems to me if everyone thinks like this it will not change and I usually avoid confrontation as much as I can.
It seems the rule is- you can submit a notification of infringement, they may take down the listing in question and the person could counter a notice of copyright infringement, then the removed listing may be replaced 10 days after receipt of the counter notice, unless you file an action seeking a court order against the person.
What do you do when you find someone copying your work ?


« Reply #1 on: March 27, 2017, 13:49 »
+1
I used to report them but not as much lately. If it's someone taking my work and re-uploading it, then for sure I'll report that.

I had 2 bad experiences with reporting infringements that kind of put me off of it. One was I reported someone who was truly remorseful and because of the harsh policies of the agencies, the guy was essentially black-balled from microstock for life. I understand the need for policies to be strict in this matter. But there are always cases where an honest mistake or just plain ignorance about copyright leads someone to do something unintentionally nefarious. That incident left me feeling kind of crappy about reporting people and, in this one case, taking away any chance this guy had at pursuing microstock further.

The other bad experience was a reporting of an obvious infringement that was removed from a site, and then later overturned and the infringing images re-instated. They're still up for sale today. That one just left me feeling like "Why bother."

For the most part, infringements are sub-par copies and I don't view them as taking anything away from me. The better images often get better search placement, and even if my image is side-by-side with a copy, buyers will probably go for the better image every time.

I think the agencies have more to lose by not taking infringements more seriously. The collection doesn't benefit from lesser-quality copies.

Mir

« Reply #2 on: March 27, 2017, 14:03 »
0
Thanks for sharing your experience.
I am not worried that I will lose sales, I agree with you,  it is more like some very unpleasant feeling.
And the other side of this problem is that it seems bad not to do anything - as though by not doing anything I say you are welcome to copy.
I will wait to calm down first.

Justanotherphotographer

« Reply #3 on: March 27, 2017, 15:15 »
+1
It is very difficult to give general advice. On the one hand obvious copies or reuploads of stolen edited work defiantly need to be reported. On the other hand there are numerous threads on the shutterstock forum with people outraged over their work being "infringed" when the so called copies are very generic similar concepts.

Mir

« Reply #4 on: March 27, 2017, 15:35 »
0
It is a set of cartoon drawings for Easter.
She copied the whole set and omitted some of the elements.
Here are a few to get an idea.
The first column is with my images.
« Last Edit: March 27, 2017, 15:38 by Mir »

« Reply #5 on: March 27, 2017, 16:48 »
0
It is very difficult to give general advice. On the one hand obvious copies or reuploads of stolen edited work defiantly need to be reported. On the other hand there are numerous threads on the shutterstock forum with people outraged over their work being "infringed" when the so called copies are very generic similar concepts.

Agree, now there are more than 130 millon images in SS database, so similar concept images are just statistically unavoidable...

Mir

« Reply #6 on: March 27, 2017, 17:03 »
0
But I don't have any doubt if she has copied the set as it is obvious, I asked for advice if I could do something ...

« Reply #7 on: March 27, 2017, 17:13 »
+1
I've seen my share of copycats and I don't think there is much you can do most of the time.

I've had infringers who took my work, adjusted some colors and uploaded it to the same site. That's easy to deal it. Also had infringers who made some minor changes to my work and uploaded to the same site. That's also fairly easy to deal with since you can prove they stole your work.

I've had people who copied my work and I have not reported any of them. They can steal your idea, your style and your composition and all you can do is shake your head. I don't think you can do much unless it's a direct trace.

« Reply #8 on: March 27, 2017, 21:20 »
+2

I had once incident where someone purchased my work with an EL and then made the argument that the EL allowed them resale rights. As weird as it sounds, there are some people who legitimately believe that they have the right to sell someone else's work sometimes.


« Reply #9 on: March 27, 2017, 21:35 »
+3
That Easter set is obviously ripped off.  I would report it.  If they don't do anything about it, at least you tried.  But they might remove them, so you have nothing to lose.

derek

    This user is banned.
« Reply #10 on: March 28, 2017, 01:05 »
0
All this starts with the agency of not accepting deliberate copies and the reviewer dumping them at the gate.

Justanotherphotographer

« Reply #11 on: March 28, 2017, 01:23 »
+2
Agree that is a blatant copy and needs to be reported.
Also in my experience their portfolio is probably littered with other examples of ripping people off so worth a look through by everyone else too.

Mir

« Reply #12 on: March 28, 2017, 01:42 »
0
This is on etsy. It infuriates me further that the person puts watermark and write all things like copyrighted to...
She has a site too and says she has been featured in magazines. Why do you have to go and copy people then.
Also she sells mainly return address labels and has just three clip art sets. Two are copies of mine and I did research the third one and found out who she had copied. I wrote the person.
Today she posted two more versions of the copied sets.

« Reply #13 on: March 28, 2017, 01:43 »
+2
It is a copy sure. With my experience, I see many people doing copy of my work and I use to get upset too. In starting, I also did many complains which was very well listened and appropriate action was taken.

But now the whole industry is full of plagiarism, as said above ss database is so huge that people are just doing copy, its now difficult to deal with such things. I believe if you contact Etsy, they will sure take action but you never know that the copycat still own the artowork offline, he will sell it somewhere else.

Justanotherphotographer

« Reply #14 on: March 28, 2017, 02:30 »
0
anyone got links to the portfolio?

Mir

« Reply #15 on: March 28, 2017, 05:49 »
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Do you mean to her shop, if so yes but if I post it she will see where it comes from.
You have statistics on etsy.

« Reply #16 on: March 28, 2017, 06:07 »
0
Do you mean to her shop, if so yes but if I post it she will see where it comes from.
You have statistics on etsy.

So why are you worried?


Justanotherphotographer

« Reply #17 on: March 28, 2017, 06:10 »
0
Oh sorry I thought this was on a stock site as well.
Have you sold an EL that would allow this use?

Mir

« Reply #18 on: March 28, 2017, 06:24 »
0
Do you mean to her shop, if so yes but if I post it she will see where it comes from.
You have statistics on etsy.

So why are you worried?

I don't want to give her a heads up as I haven't decided what to do and also I don't feel very comfortable posting her link.


Oh sorry I thought this was on a stock site as well.
Have you sold an EL that would allow this use?

No, no EL. But she is not reselling my work she is copying some drawings from a set and making her own set.


 

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