MicrostockGroup
Microstock Photography Forum - General => General Stock Discussion => Topic started by: Mr Korn Flakes on May 03, 2012, 04:39
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Hi everybody,
I found this site http://www.maxisciences.com/chocolat/wallpaper (http://www.maxisciences.com/chocolat/wallpaper) that allows downloading pictures in very big size. The photo with orange and chocolate is mine and I'm selling it on microstock agencies. Can they do that?
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There are various agencies that partner with companies that do this including Fotolia.
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This is not allowed!
Write them and tell them to remove your image immediately.
Most microstock agencies don't allow web use of more than 800 pixels on the long side. This would be a clear violation.
If you have that image on Shutterstock I would insert the link of the image usage terms so they can review it.
Otherwise let them know that since this constitutes a violation that you will inform Shutterstock about it and also inform the web host who will then remove the image for them.
That should put enough pressure on them to get it taken down quickly.
Good luck!
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No, you can't redistribute like that.
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I hope you can discover which site they got it from.
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I hope you can discover which site they got it from.
Unless the owners of that web site tell you voluntarily you won't find out - unless the image would be exclusive at only one agency.
The stock agencies will NOT reveal buyer information.
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There are various agencies that partner with companies that do this including Fotolia.
My apologies - I didn't click on your link. Yes, there are agencies that partner with companies that sell your images as wallpaper - by wallpaper I mean the paper you put on your wall in your house or at your store/restaurant.
No, I don't know of an agency that allows a company to re-distribute your images for free as a wallpaper for your computer screen.
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I hope you can discover which site they got it from.
Unless the owners of that web site tell you voluntarily you won't find out - unless the image would be exclusive at only one agency.
The stock agencies will NOT reveal buyer information.
It wasn't to get buyer info from the agency, it was so that the OP would know which agency should follow up the misuse.
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Big no-no.
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This is not allowed!
Write them and tell them to remove your image immediately.
Most microstock agencies don't allow web use of more than 800 pixels on the long side. This would be a clear violation.
If you have that image on Shutterstock I would insert the link of the image usage terms so they can review it.
Otherwise let them know that since this constitutes a violation that you will inform Shutterstock about it and also inform the web host who will then remove the image for them.
That should put enough pressure on them to get it taken down quickly.
Good luck!
Thanks for your answer!
I wrote them an e-mail following your advice, so let's wait for an answer.
I found the same problem on these sites too:
http://www.gentside.com/chocolat/wallpaper (http://www.gentside.com/chocolat/wallpaper)
http://wallpapers-3d.ru/fr/preview.php?hd=10554 (http://wallpapers-3d.ru/fr/preview.php?hd=10554)
http://www.news-de-stars.com/chocolat/wallpaper (http://www.news-de-stars.com/chocolat/wallpaper)
http://xn----7sbb4aabjcug5ahs.xn--p1ai/preview.php?p=10554 (http://xn----7sbb4aabjcug5ahs.xn--p1ai/preview.php?p=10554)
Now I'm going to contact them all!
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If you have that image on Shutterstock I would insert the link of the image usage terms so they can review it.
Otherwise let them know that since this constitutes a violation that you will inform Shutterstock about it
The OP may well have the image on SS, but how do you know the infringer bought the photo there?
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The OP may well have the image on SS, but how do you know the infringer bought the photo there?
I don't.
However, the rate of how many images I sell at Shutterstock compared to all other agencies may be 5:1
There is a fair chance that any of my images that I find online rather got downloaded form SS than anywhere else. Sure it's not a guarantee but after spending endless hours of doing such research whenever I found my images being used illegally I have yet to come across a site that tells me that they actually bought it from somewhere else.
Maybe 2% of all infringers I contacted actually did license my image but used it wrong. Everyone else didn't even pay for it in the first place.
So before I spend an entire day to figure out where someone actually got my image from (I don't even know how to do that effectively... - maybe you know a way, then kindly let me know) I'd rather shoot out an email and give them a rough run down of what's allowed and what isn't.
If any of these people are "innocent" and actually licensed an image where online distribution is allowed (LOL) or usage is allowed higher than 800 pixels then they will speak up and let me know where they got it from.
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It looks as though images you find have a 5:1 chance of having originated at SS. I was going to say that I don't think, based on monthly sales threads here, that it's the same proporiton for most of the members here, i.e. 5SS: 1 everywhere else, but I was forgetting to account for the low prices of SS files, so e.g. if someone says SS is half of their earnings, that could easily mean a much higher ratio of dls.
But you don't think that the abusers actually paid for the usage in the first place (rather than e.g. having actually bought it from SS but now making it available, which admittedly would be bizarre, that they would pay for it then let it be downloaded for free, unless it's some sort of loss-leader.
I'm just thinking what's the point of sending them SS's t&c unless they actually bought the file from there?
You're probably right that they 'lifted' the file from somewhere else. I don't know how big SS allows unaltered images to be used on the web - so it could be worth following up the actual buyer if they're making the file available at too large a size (if that's a SS condition). One strange thing I've sometimes noticed is an in-use where the image is used small on the site, but you can click on the image and get taken to a page with a much larger version of the image (and nothing else) when there's no obvious reason for them to do that. I've had iStock's CR people get them to take it down.
And no, the only two ways of being sure where a file has originated from are either to have a file available only from one site, or the off-chance that the abuser might tell you. Sometimes the latter happens, as an indignant, "I didn't steal the photo from <agency> (which was obvious as there wasn't a watermark), I got it off <website>, maybe the one that legitimately paid for it, maybe a few along the chain.
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... One strange thing I've sometimes noticed is an in-use where the image is used small on the site, but you can click on the image and get taken to a page with a much larger version of the image (and nothing else) when there's no obvious reason for them to do that. I've had iStock's CR people get them to take it down....
It's not a strange thing, it happens ALL THE TIME.
Newbie webmasters use Frontpage (MS EXpression), Netobjects Fusion, Dreamweaver and what not, to insert images that are for some reason automatically uploaded to the web server in full resolution and then resized to the desired dimensions.
That's how I usually find my high res images through Google Images. I get to the page and see it used tiny on the actual site but then when I do the right click and select "View Image" (FF) the full resolution shows up.
Every time I asked the webmaster to fix that, they did it. So, people do cooperate which is great.
Sending these people the Shutterstock image licensing terms puts them on the spot (in case they didn't purchase it at all) - then they will (at least) fix the dimensions.
I can't possible go after every of my licensed image to check if it was licensed properly.
At least I want all the users (buyers and thieves) not exceed the 800 pixel dimensions.
I can't win the war but at least win this battle :)
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I've written to all of those sites, but none of them have answered me.
What do you suggest to do? It's the first time that someone ignores my message.
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I've written to all of those sites, but none of them have answered me.
What do you suggest to do? It's the first time that someone ignores my message.
WHOIS INFO
domain: maxisciences.com
reg_created: 2008-06-19 13:37:45
expires: 2018-06-19 13:37:45
created: 2008-06-19 15:37:46
changed: 2011-10-25 10:58:03
transfer-prohibited: yes
ns0: a.dns.gandi.net
ns1: b.dns.gandi.net
ns2: c.dns.gandi.net
owner-c:
nic-hdl: II395-GANDI
owner-name: AMATECH SC
organisation: AMATECH SC
person: Benjamin Tolman
address: 278 chaussée Fernand Forest
zipcode: 59200
city: TOURCOING
country: France
phone: +33.320234040
fax: ''
email: [email protected]
lastupdated: 2011-07-01 15:41:12
Here you can make your claim:
http://en.gandi.net/abuse (http://en.gandi.net/abuse)
Use a site that provides WHOIS information for the domains that used your image illegally.
Find the names servers (NS) - those are usually the web hosting companies and contact them.
Good luck.
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I've tried everything. written to everyone. No use. I gave up. Theres tons of them out there. they will take it down for a week then back up. Price we pay. been fighting this for years along with My Music copyrights.
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Thanks click_click!
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Thanks click_click!
Anytime.