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Author Topic: Is this allowed?? What do I do?  (Read 3567 times)

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« on: April 30, 2017, 20:01 »
0
Someone downloaded one of my photos... it is of my husband in outdoor gear... and they used it on their website saying that it is them. Its an outdoor survival website and his bio has my husband's picture. Is that allowed? I can't imagine! I tried clicking on the contact links for Shutterstock but none of them work.
Thanks
Rachel
« Last Edit: April 30, 2017, 20:17 by spaceofgrace »


« Reply #1 on: April 30, 2017, 20:24 »
0
Post a link.
But here's ShutterStocks Terms

RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
i. Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.

ii.Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.

iii. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

iv. Use Visual Content designated "Editorial Use Only" for commercial purposes.

v. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.

vi. Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

vii. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

viii. Use "stills" derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.

ix. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
If you require any of the foregoing rights, please contact Customer Service. (Phone: Inside US 1-866-663-3954, Outside US 1-646-419-4452 Email: Customer Support)

« Reply #2 on: April 30, 2017, 20:27 »
0
I read that but I'm unclear..  this is the man claiming his picture as his identity. My model does not wish to be associated with someone else's activities. Bigstock says it plainly - you can't use it as a profile pic.

angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #3 on: April 30, 2017, 20:40 »
+2
Micro Stock is a shady market. I'm guessing your new. Get use to lots of surprises ...

« Reply #4 on: April 30, 2017, 21:29 »
+2
I read that but I'm unclear..  this is the man claiming his picture as his identity. My model does not wish to be associated with someone else's activities. Bigstock says it plainly - you can't use it as a profile pic.

Stock is all about associating an image with something.  Get used to the idea.  But yes, it depends where they got it from.  Some expressly prohibit a certain thing and others don't.

How in all the world did you find this one image being used this way?

« Reply #5 on: April 30, 2017, 21:48 »
+1
While it's not specifically detailed in the terms restrictions item ii. it states including but not limited to . Which might be interpreted as you can't use a image of a model to misrepresent it as yourself.
Have your husband write them stating it is his likeness that they are using saying it is them and need to take it down.

« Reply #6 on: April 30, 2017, 22:16 »
+9
My model does not wish to be associated with someone else's activities.

So you should probably not use a person for stock who is going to be picky about what businesses or political campaigns or charities their image is used for. There are masses of perfectly legitimate (based on the license) uses where the stock model's image is clearly associated with a business. Even if someone doesn't put a false name on the stock model, you just can't have people do RF (royalty free) licensing and choose which companies license your work.

I am one of my own models. I've been in ads for a "natural" alternative to Xanax, coping with my depression; in a visiting nurse service ad recovering after my heart attack; a contractor for Oracle; I've been giving up smoking; getting my wrinkles fixed without surgery; managing chronic pain; etc. If you don't want this to happen, then only show the back of a model or use them in some other way that's non-identifying (my husband's face is never in stock images so there's no possibility of work-related issues for him).

Assuming they explicitly claim the stock image as being of them, you can write to the site (check the domain registration if you can't find contact information on the site itself) asking them which agency they licensed the image through as you are concerned they might be violating license terms. Please be careful to ask, not accuse, until you get all the facts straight.

But whatever happens in this case, consider the broader issues of ensuring that models are OK with typical uses in royalty free stock

« Reply #7 on: April 30, 2017, 23:48 »
+9
Dear me, Jo Ann! What a troubled life you've led!  ;)

« Reply #8 on: May 01, 2017, 02:16 »
0
 "My model does not wish to be associated with someone else's activities." I think you will have trouble with that one. But  if someone is using a picture explicitly claiming its him when its not this is misrepresentation....I would imagine customers of the site potentially have more of an issue if they booked training for example and a different person appeared.

Chichikov

« Reply #9 on: May 01, 2017, 02:28 »
0
Dear me, Jo Ann! What a troubled life you've led!  ;)

lol

Excellent!

ShadySue

  • There is a crack in everything
« Reply #10 on: May 01, 2017, 03:58 »
+1
It's probably a legitimate use of the image, but may be false advertising/representation, depending on the Law in the country of use.

There have been several examples of that sort of thing in the past. I don't think any of them were thought to have breached the agency's rules.
The 'reasonable person' is extremely fluid, and there's often no way of second-guessing that.

I saw reference to a model (probably here on msg) being used in an ad as a before or after of some hair restoration product. For the before, he had hair photoshopped out, then his stock photo used as the 'after'.
I've also seen, on one of these discounted email group sites, a post advertising a wedding photographer with all stock wedding photos.

I guess it's just a short hop from using the smiley business team photos on a site with the clear implication 'this is our happy team', to "this is me".
« Last Edit: May 01, 2017, 05:58 by ShadySue »

ShadySue

  • There is a crack in everything
« Reply #11 on: May 01, 2017, 03:59 »
+1
While it's not specifically detailed in the terms restrictions item ii. it states including but not limited to . Which might be interpreted as you can't use a image of a model to misrepresent it as yourself.
Have your husband write them stating it is his likeness that they are using saying it is them and need to take it down.
Which, if it turns out to be a legitimate use, could be a great way of getting booted off whichever site they bought it from, or at the least, you could get a warning about using flakey models and told to take all of his pics off the site.
« Last Edit: May 01, 2017, 04:09 by ShadySue »

« Reply #12 on: May 01, 2017, 14:02 »
+5
Dear me, Jo Ann! What a troubled life you've led!  ;)




 

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