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Author Topic: how is it possible? Borrowed elements used in stock photos.  (Read 34367 times)

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« Reply #150 on: January 14, 2013, 01:33 »
+4
derivative work? why are copycats being shutdown? so we blur other pictures and add a pic of ours and its all fine? that's pretty much BS and I am sure owners won't accept this easily if that's true at all, I believe SS needs to explain us this contributor moves, we need see things clear, I expect an announcement, its absurd that we need to find the reasons for not suspending such behavior


Microbius

« Reply #151 on: January 14, 2013, 01:35 »
0
This is clearly NOT derivative. Photo to photo slightly blurred, no way you can make that claim. No legal loophole there.

« Reply #152 on: January 14, 2013, 04:43 »
+1
He is using a legal loophole in the law as PJ pointed out and he evidently has the money and lawyers to back it or otherwise why were his ports pulled and then reinstated?

His lawyers took over and made everyone come to their knees.

Quote
In the United States, the Copyright Act defines "derivative work" in 17 U.S.C. 101:

A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a derivative work.

Several other sections of the Copyright Act are relevant, also. 17 U.S.C. 102(a) provides:

Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

17 U.S.C. 103(b) provides:

The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

17 U.S.C. 106 provides:

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies...; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies...of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending....

US Copyright Office Circular 14: Derivative Works notes that:

A typical example of a derivative work received for registration in the Copyright Office is one that is primarily a new work but incorporates some previously published material. This previously published material makes the work a derivative work under the copyright law. To be copyrightable, a derivative work must be different enough from the original to be regarded as a "new work" or must contain a substantial amount of new material. Making minor changes or additions of little substance to a preexisting work will not qualify the work as a new version for copyright purposes. The new material must be original and copyrightable in itself. Titles, short phrases, and format, for example, are not copyrightable.

The statutory definition is incomplete and the concept of derivative work must be understood with reference to explanatory case law. Three major copyright law issues arise concerning derivative works: (1) what acts are sufficient to cause a copyright-protected derivative work to come into existence; (2) what acts constitute copyright infringement of a copyright in a copyright-protected work; and (3) in what circumstances is a person otherwise liable for infringement of copyright in a copyright-protected derivative work excused from liability by an affirmative defense, such as first sale or fair use?
What law is there to stop the sites removing this portfolio for any reason they want?  I don't think any shop is forced to sell products they don't want to.  It has to be their choice.  We need an explanation why this is allowed from one of the sites.  Has there been one yet?

OM

« Reply #153 on: January 14, 2013, 04:52 »
0
This is clearly NOT derivative. Photo to photo slightly blurred, no way you can make that claim. No legal loophole there.

The fact that Luis and others have been able to find the originals of the 'derived' backgrounds and that the backgrounds often compose half of the image would plead against these being 'derivative works' as defined by the law (but I'm no lawyer).

And anyway, the original 4 'offending' SS shots as posted by vitamine (OP) on page 1 have all been removed by SS, so they were clearly not regarded as OK. Maybe it's a game of catch me if you can and I'll remove only the stuff you can catch me on. Seems pretty quiet at SS for a major crime topic........usually all the big hitters are in there demanding explanations. Hmmm...
« Last Edit: January 14, 2013, 07:10 by OM »

« Reply #154 on: January 14, 2013, 05:12 »
+4
Shutterstock should act correctly in this case, and not put greed in front of decency.

We need one agency we can trust.

« Reply #155 on: January 14, 2013, 07:04 »
+8
The user is blocked on Dreamstime. But please note that our support didn't receive any message on this matter. So, I suggest you should notify the agencies on official channels too, instead of just posting on the forum.

I can see here 7 pages of messages on this topic, started 2 weeks ago, but how many messages have you sent to agencies?  :) 


« Reply #156 on: January 14, 2013, 09:04 »
+1
Better check that his port stays blocked after a few weeks. They might sneak him back online again after all the fuzz is over.

Microbius


« Reply #158 on: January 14, 2013, 09:35 »
+3
I posted this in Shutterstock's Questions / Answers:

http://submit.shutterstock.com/forum/viewtopic.php?t=127635

« Reply #159 on: January 14, 2013, 10:32 »
+1
The user is blocked on Dreamstime. But please note that our support didn't receive any message on this matter. So, I suggest you should notify the agencies on official channels too, instead of just posting on the forum.

I can see here 7 pages of messages on this topic, started 2 weeks ago, but how many messages have you sent to agencies?  :)

all agencies look at this forum if nothing happens is because they are helping this behavior, we are not only looking a contributor that is using other pictures as his blurred backgrounds and selling files at FT as exclusive, over 1k files I repeat

« Reply #160 on: January 14, 2013, 10:48 »
0
The user is blocked on Dreamstime. But please note that our support didn't receive any message on this matter. So, I suggest you should notify the agencies on official channels too, instead of just posting on the forum.

I can see here 7 pages of messages on this topic, started 2 weeks ago, but how many messages have you sent to agencies?  :)

I contacted support on Dec 27th with link to this thread. A week later, I got a nice email thanking me for bringing it to their attention, and assuring me that they take matters of theft very seriously.

OM

« Reply #161 on: January 14, 2013, 11:21 »
0
The user is blocked on Dreamstime. But please note that our support didn't receive any message on this matter. So, I suggest you should notify the agencies on official channels too, instead of just posting on the forum.

I can see here 7 pages of messages on this topic, started 2 weeks ago, but how many messages have you sent to agencies?  :)

I contacted support on Dec 27th with link to this thread. A week later, I got a nice email thanking me for bringing it to their attention, and assuring me that they take matters of theft very seriously.

Well, after that they appear to have taken down his port, removed the four images reported by vitamine on the first page of this thread and promptly re-instated him (minus the 4 images he got caught on). FT did the same and now he's uploading new work to both of which at least a couple of shots that he claims are exclusive to FT are also in the SS collection.
For FT it'll probably take a letter from a customer who bought a download at 2x or 3x credit price to write to FT to say that he's pissed cuz he coulda got the same image on his SS subscription. ;D

« Reply #162 on: January 14, 2013, 11:24 »
+2
his SS portfolio is down again, will see what happens this time...

ruxpriencdiam

    This user is banned.
  • Location. Third stone from the sun
« Reply #163 on: January 14, 2013, 11:48 »
0
his SS portfolio is down again, will see what happens this time...
This image is temporarily unavailable

« Reply #164 on: January 14, 2013, 11:51 »
0
his SS portfolio is down again, will see what happens this time...
This image is temporarily unavailable

yep like I have said, we will see how it goes...

« Reply #165 on: January 14, 2013, 13:24 »
0
created a topic at FT (today) and it was removed saying I should contact support, looks like they saw the examples of borrowed elements lol and made nothing, told also that he has 1k exclusives files selling on other agencies... from the other world :D

Poncke

« Reply #166 on: January 14, 2013, 13:25 »
0
How do you find these images Luis?


« Reply #167 on: January 14, 2013, 13:27 »
0
How do you find these images Luis?

using the search feature in agencies, pretty much he uses the most popular files

« Reply #168 on: January 14, 2013, 14:01 »
0
123RF have removed a few files but its useless, it will never end, if agencies are willing to pay me I will work for them ;D

http://www.123rf.com/photo_15721129_picnic-table-on-field-background.html
http://www.shutterstock.com/pic.mhtml?id=84069796

http://www.123rf.com/photo_15716075_pine-cone-with-winter-background.html
http://www.shutterstock.com/pic.mhtml?id=61844695

portfolio still online at DP, over 400 new files uploaded this month, sent email to support a few hours ago

DT (This account is currently unavailable.)

« Reply #169 on: January 15, 2013, 01:34 »
0
The portfolio is live at SS but has only 1,498 images in it.  Looks like all of the composites have been removed.  Lots of isolations.  Some things with foreground but a white, blue or green background I presume ready to drop onto a background.

« Reply #170 on: January 15, 2013, 04:47 »
0
Still no explanation from SS.  I'm quite surprised, as this looks like a huge issue.  Even if they said that they can't let us know what's happening right now for legal reasons, it would be better than no comment at all.

OLJensa

  • Visit me at: www.jensmolin.se

« Reply #171 on: January 19, 2013, 08:26 »
0
123RF have removed a few files but its useless, it will never end, if agencies are willing to pay me I will work for them ;D

http://www.123rf.com/photo_15721129_picnic-table-on-field-background.html
http://www.shutterstock.com/pic.mhtml?id=84069796

http://www.123rf.com/photo_15716075_pine-cone-with-winter-background.html
http://www.shutterstock.com/pic.mhtml?id=61844695

portfolio still online at DP, over 400 new files uploaded this month, sent email to support a few hours ago

DT (This account is currently unavailable.)


Bumping this...

He is still up at DP http://depositphotos.com/portfolio-1489960.html . What did the support have to say about this???

« Reply #172 on: January 19, 2013, 09:13 »
0
Looks like he is going down, ss is, gone, 123rf+ most of he portfolio is gone, same at dp - most of photos are unavailable... ;)

« Reply #173 on: January 19, 2013, 12:24 »
0
123RF have removed a few files but its useless, it will never end, if agencies are willing to pay me I will work for them ;D

http://www.123rf.com/photo_15721129_picnic-table-on-field-background.html
http://www.shutterstock.com/pic.mhtml?id=84069796

http://www.123rf.com/photo_15716075_pine-cone-with-winter-background.html
http://www.shutterstock.com/pic.mhtml?id=61844695

portfolio still online at DP, over 400 new files uploaded this month, sent email to support a few hours ago

DT (This account is currently unavailable.)


Bumping this...

He is still up at DP http://depositphotos.com/portfolio-1489960.html . What did the support have to say about this???


I have contacted them and they told me they will deal with it, my opinion is that they won't do anything but DP is a minor issue, SS was the more important one

« Reply #174 on: January 19, 2013, 13:18 »
0

I have contacted them and they told me they will deal with it, my opinion is that they won't do anything but DP is a minor issue, SS was the more important one

It looks like if you click on any of the obvious composite photos, that have a sharp foreground and a blurred background, you get a "404 page not found". The rest of his port seems to be clickable.


 

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