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Microstock Photography Forum - General => General Stock Discussion => Topic started by: DallasP on May 16, 2015, 01:10

Title: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 16, 2015, 01:10
Imma just copy and past this crap from facebook. What a bitch imho.

Karen Kemmis Poulson
Follow · 11 hrs ·
 

Hey FB friends...I'm needing a graphic artist to redraw this picture for me in just black outline and also as a solid green (not gradient colors) ASAP....anyone available? Price?
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4 people like this.

Erica Biada Low I can do it. How much were you thinking?
11 hrs · Like

Mike Terry Can you modify if on an app?
11 hrs · Like

Karen Kemmis Poulson I'll msg you Erica!
11 hrs · Like

Erica Biada Low Ok great!
11 hrs · Like

Terri Poulson Chynoweth Umm... Our cousin Tony Poulson
6 hrs · Like · 1

Karen Kemmis Poulson Terri, I never even thought about Tony! But Erica did an awesome job!
6 hrs · Like

Karen Kemmis Poulson My dear friend Gary gave it his best shot too...I love it!
Karen Kemmis Poulson's photo.
6 hrs · Like · 6

Erica Biada Low No charge.
6 hrs · Like

Gary B Vaughan Gotta admit, the price was right;) LOL
6 hrs · Like · 1

Karen Kemmis Poulson Absolutely Gary! I'm really torn as to which one I should use???? smile emoticon
6 hrs · Like

Darla Scott Biederman Kellie Jane Lindgren
4 hrs · Like

Brenda E. Kemmis Wilson Easy to recolor on computer
4 hrs · Like · 1

Lori Griggs Roberts Dallas Price
4 hrs · Like

Dallas Price Who owns the original?
3 hrs · Like

Karen Kemmis Poulson Easy for some people Brenda! Remember who you're talking to...ha!
3 hrs · Like · 1

Karen Kemmis Poulson Dallas, I do smile emoticon Purchased rights anyway...
3 hrs · Edited · Like

Brinnley Poulson Um ... Tanner?
3 hrs · Like

Karen Kemmis Poulson Don't have the right program Brinnley. But all is good...Erica did it for me smile emoticon
3 hrs · Like

CandyRaul Arguellez I was going to tell you I could have had Raul do it he is such an artist I have him draw something when I need it/ Candy lol
3 hrs · Like

Brenda E. Kemmis Wilson Just send me the picture. It will take two seconds!
3 hrs · Like

Dallas Price It'd take minutes ... but, I think I'm okay.

https://www.google.com/search... (https://www.google.com/search...)
1 hr · Like

Dallas Price Great job ...
1 hr · Like

Karen Kemmis Poulson Dallas, this pic is all over the internet...on my websites, products, etc. smile emoticon
1 hr · Like

Dallas Price What license did you purchase wink emoticon
1 hr · Like

Dallas Price
ugh ... I don't mean to be a downer ... I sell silly illustrations and stuff like this so, I get a bit ... defensive. The original artist is a fellow member of quite a few groups and sites that I contribute to ...

and even though my own files are all ...See More
1 hr · Like

Karen Kemmis Poulson The image was purchased from Vector Stock by my graphic designer and is licensed to use, royalty free. She is a professional and follows the rules!
44 mins · Like · 1

Dallas Price
Cool ...

for how many distributions? (most purchases are like 2,000) lol ......See More
37 mins · Like

Dallas Price And I'm sure the original artist would be fine with your usage and development also (I'm alway super excited to see the way my stuff is being used) I just don't even want to be in that plagiarism chair ... Even if it is ... partially legitimate ...
31 mins · Like

Karen Kemmis Poulson
I'm not sure what you're trying to get at Dallas. When an artist sells their image to a stock photo company then anyone can buy the rights to that photo. When you purchase an image you agree to their TOS which in this case is for unlimited usage: AN...See More
20 mins · Like

Dallas Price
It isn't Karen,

in fact ... it seems that you copy and pasted that from a standard royalty free agreement ......See More
13 mins · Like

Karen Kemmis Poulson
Actually Dallas, No this is not my logo. My logo is a word. This is just a pic that is purchased and used under license without limitation and incorporated into merchandise as artwork. Nothing illegal, or unethical about it! Yes, the original artist still maintains all intellectual rights of the image but once he sells a pic the purchaser has right to use that pic in any way outlined in the TOS. Yes, I was only giving an example of a standard TOS...which is pretty much the same across the board. But regardless, I have the legal right to use this picture as a purchaser of the stock photo. That is why artists sell their photos in the first place! Good night and thanks for hijacking my post!
1 min · Like

Dallas Price Thank you Karen.
Just now · Like
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: ShadySue on May 16, 2015, 06:32
Maybe you picked the wrong infringement?
The usual 250000 usages, and the less usual logo use, are allowed by VectorStock, but looks like she wouldn't be allowed to transfer the image to someone else to modify:
VectorStock® grants you a personal Single-seat, non-exclusive, non-transferable, license to use and reproduce vectors in the following ways:
    Advertising, marketing and design, promotional graphics, broadcast TV, film or TVC, film commercials, flyers, brochures and catalogues - digital or hard copy. Website design. Promotional postcards, greeting cards and calendars. Books and book covers, product packaging, editorial in magazines and newspapers, general editorial and newsletters. Ebooks, screen savers and digital banner advertising. Posters and billboards. Sign writing, logo and branding design. Web and on-line digital publications. Software, gaming and computer GUI design, i.e. iPhone apps. If you wish to resale a product, which uses or contains our content you must purchase an Expanded License. If your print or production run will exceed 250,000 units you must purchase an Expanded License.

http://www.vectorstock.com/faq (http://www.vectorstock.com/faq) (Licensing link)

I bet that happens all the time (someone buying an image and getting someone else to modify it). If they don't post on Fb (etc etc) how could it be policed?
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 16, 2015, 14:27
Maybe you picked the wrong infringement?
The usual 250000 usages, and the less usual logo use, are allowed by VectorStock, but looks like she wouldn't be allowed to transfer the image to someone else to modify:
VectorStock® grants you a personal Single-seat, non-exclusive, non-transferable, license to use and reproduce vectors in the following ways:
    Advertising, marketing and design, promotional graphics, broadcast TV, film or TVC, film commercials, flyers, brochures and catalogues - digital or hard copy. Website design. Promotional postcards, greeting cards and calendars. Books and book covers, product packaging, editorial in magazines and newspapers, general editorial and newsletters. Ebooks, screen savers and digital banner advertising. Posters and billboards. Sign writing, logo and branding design. Web and on-line digital publications. Software, gaming and computer GUI design, i.e. iPhone apps. If you wish to resale a product, which uses or contains our content you must purchase an Expanded License. If your print or production run will exceed 250,000 units you must purchase an Expanded License.

[url]http://www.vectorstock.com/faq[/url] ([url]http://www.vectorstock.com/faq[/url]) (Licensing link)

I bet that happens all the time (someone buying an image and getting someone else to modify it). If they don't post on Fb (etc etc) how could it be policed?


UGH ... I still don't know why she wouldn't go to the original artist and have him do it for her. She said she wasn't going to use it as a logo and 250,000 is a ton for probably anything that she'd be doing I'm sure. Just seems like shady business to me ... Guess I should just be pleased that she paid a few bucks for it in the first place. lol.
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: ShadySue on May 16, 2015, 14:41
Sorry, I read too fast and thought she wanted a logo, which is normally not allowed with stock licences.
If her 'graphic designer' licensed the image, why can't s/he make the simple changes? No problem, no issue.
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 16, 2015, 14:47
Sorry, I read too fast and thought she wanted a logo, which is normally not allowed with stock licences.
If her 'graphic designer' licensed the image, why can't s/he make the simple changes? No problem, no issue.

It was shady mostly because when I asked her who owned the image it was "I do" ... and didn't point out that she'd purchased it until later ... I don't think that I'd want someone tracing one of my images ... especially since she now probably has a bw vector and had what appears to be a medium size .jpeg ... Just seemed a bit fishy to me ...
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 16, 2015, 14:51
Sorry, I read too fast and thought she wanted a logo, which is normally not allowed with stock licences.
If her 'graphic designer' licensed the image, why can't s/he make the simple changes? No problem, no issue.

It was shady mostly because when I asked her who owned the image it was "I do" ... and didn't point out that she'd purchased it until later ... I don't think that I'd want someone tracing one of my images ... especially since she now probably has a bw vector and had what appears to be a medium size .jpeg ... Just seemed a bit fishy to me ...

and that at first it kinda sounded like it was going to be a logo ... in my mind anyway ... I've already caught a couple of the local designers tossing stock images into logos ...
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: ShadySue on May 16, 2015, 14:51
Sorry, I read too fast and thought she wanted a logo, which is normally not allowed with stock licences.
If her 'graphic designer' licensed the image, why can't s/he make the simple changes? No problem, no issue.

It was shady mostly because when I asked her who owned the image it was "I do" ... and didn't point out that she'd purchased it until later ... I don't think that I'd want someone tracing one of my images ... especially since she now probably has a bw vector and had what appears to be a medium size .jpeg ... Just seemed a bit fishy to me ...
In fact, she doesn't 'own' the image. Her graphic designer is the only person with a licence to use it.
Still, at least someone paid for it for her use ...   :-\ ::)
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: ShadySue on May 16, 2015, 14:53
Sorry, I read too fast and thought she wanted a logo, which is normally not allowed with stock licences.
If her 'graphic designer' licensed the image, why can't s/he make the simple changes? No problem, no issue.

It was shady mostly because when I asked her who owned the image it was "I do" ... and didn't point out that she'd purchased it until later ... I don't think that I'd want someone tracing one of my images ... especially since she now probably has a bw vector and had what appears to be a medium size .jpeg ... Just seemed a bit fishy to me ...

and that at first it kinda sounded like it was going to be a logo ... in my mind anyway ... I've already caught a couple of the local designers tossing stock images into logos ...
I don't know how many other agencies allow logo use. I'd never had cause to look at Vector Stock before.
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 16, 2015, 16:24
Sorry, I read too fast and thought she wanted a logo, which is normally not allowed with stock licences.
If her 'graphic designer' licensed the image, why can't s/he make the simple changes? No problem, no issue.


It was shady mostly because when I asked her who owned the image it was "I do" ... and didn't point out that she'd purchased it until later ... I don't think that I'd want someone tracing one of my images ... especially since she now probably has a bw vector and had what appears to be a medium size .jpeg ... Just seemed a bit fishy to me ...


and that at first it kinda sounded like it was going to be a logo ... in my mind anyway ... I've already caught a couple of the local designers tossing stock images into logos ...

I don't know how many other agencies allow logo use. I'd never had cause to look at Vector Stock before.


Yeah ... It is kinda odd that they do allow logo usage ... I messaged her to apologize just because I'd come off a bit abrasive (few too many beers maybe), and it turns out that ... she kind of is using it as a logo http://www.froglilly.com/ (http://www.froglilly.com/) ... but, through vectorstock it's totally legit. So whateves.
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: Mumut Greenstripe on May 18, 2015, 20:35
Thanks for the info @DallasP 

I looked at the FB post, sent her message and giving you 4 likes  :D
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 18, 2015, 21:42
Thanks for the info @DallasP 

I looked at the FB post, sent her message and giving you 4 likes  :D

lol. I still just can't believe that VectorStock allows logo usage. :/
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: EmberMike on May 18, 2015, 22:46
and that at first it kinda sounded like it was going to be a logo ... in my mind anyway ... I've already caught a couple of the local designers tossing stock images into logos ...

People sell stock graphics as "custom" logos all the time. Usually to unsuspecting clients/customers. I got an email from a guy who was given one of my stock icons and told it was a custom logo. He even had it tattooed on his arm. Poor guy had no idea it was a stock image that has been sold thousands of times.

Unfortunately there's not much we can do about it. It's going to happen, and we won't ever find out about it until after the fact when a client/customer of one of these "designers" contacts us wondering why we're selling their logo.

I've recently resigned myself to the fact that by working in this business you have to let go of your rights to your work. There are some cases where you can successfully pursue a usage that goes beyond the intended license, but more often it's just not worth it. I hate to say it but for how much money we make from our work in microstock, if I found someone using something of mine as a logo today I probably wouldn't do anything about it, even if it came from somewhere with a license that prohibits it. I've gone that route before and it doesn't help me. In fact, it usually causes more stress. I just let it go now. Microstock is the wild west, and when I throw my work out there into the wild I don't retain any expectation of defending my rights to it.

I know that's a sad and sort of defeatist attitude about it, but that's just where I'm at with it. I've tried the other way, many times. Most recently even having to get a lawyer involved. Again, it's just not worth it. Even if some monetary settlement comes out of it, lawyer fees eat up a good chunk of that settlement and the whole process eats up a lot of your time and energy. It's stressful, especially in a case like mine when the other party starts making vague yet ominous threats against me. I just don't need the hassle, not to protect microstock images.

If I want to care about where my work ends up, how people use it, if it's used improperly as a logo, etc., there are proper distribution options for that. Microstock isn't one of them.
Title: Re: meh ... attempted logo usage ... Anyone know mumut?
Post by: DallasP on May 19, 2015, 17:57
and that at first it kinda sounded like it was going to be a logo ... in my mind anyway ... I've already caught a couple of the local designers tossing stock images into logos ...

People sell stock graphics as "custom" logos all the time. Usually to unsuspecting clients/customers. I got an email from a guy who was given one of my stock icons and told it was a custom logo. He even had it tattooed on his arm. Poor guy had no idea it was a stock image that has been sold thousands of times.

Unfortunately there's not much we can do about it. It's going to happen, and we won't ever find out about it until after the fact when a client/customer of one of these "designers" contacts us wondering why we're selling their logo.

I've recently resigned myself to the fact that by working in this business you have to let go of your rights to your work. There are some cases where you can successfully pursue a usage that goes beyond the intended license, but more often it's just not worth it. I hate to say it but for how much money we make from our work in microstock, if I found someone using something of mine as a logo today I probably wouldn't do anything about it, even if it came from somewhere with a license that prohibits it. I've gone that route before and it doesn't help me. In fact, it usually causes more stress. I just let it go now. Microstock is the wild west, and when I throw my work out there into the wild I don't retain any expectation of defending my rights to it.

I know that's a sad and sort of defeatist attitude about it, but that's just where I'm at with it. I've tried the other way, many times. Most recently even having to get a lawyer involved. Again, it's just not worth it. Even if some monetary settlement comes out of it, lawyer fees eat up a good chunk of that settlement and the whole process eats up a lot of your time and energy. It's stressful, especially in a case like mine when the other party starts making vague yet ominous threats against me. I just don't need the hassle, not to protect microstock images.

If I want to care about where my work ends up, how people use it, if it's used improperly as a logo, etc., there are proper distribution options for that. Microstock isn't one of them.

Well, I'm not terribly concerned with someone using mine either ... I mean, like I told her mostly I just like to see my stuff being used ... I'm not a big, or even good illustrator. So really it's just entertainment but, I definitely don't like to see people tracing someone else's work, and passing it off as their own. Like her shady response to my first question "Who owns the image?", "I do" type of a deal. I don't know ... maybe I'm just in a bad mindset for this sort of thing ... lol.