Author Topic: My shot used for movie poster-Legal advice needed (Read 33612 times)

ShadySue · « **Reply #100 on:** June 03, 2013, 19:09 »

^ Tweeted 27th March 2013:
"... unlike 20th Century Fox who used my book 'Spix's Macaw' to make the 'Rio' film, they ask first!"
https://twitter.com/TonyJuniper/status/316853421938446336
Can't find anything more recent (only a quick shuftie) about any legal case.

Phadrea · « **Reply #101 on:** June 04, 2013, 11:35 »

They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.

WarrenPrice · « **Reply #102 on:** June 04, 2013, 11:38 »

^^^ getting more interesting. Keep us posted.

gemmy12 · « **Reply #103 on:** June 05, 2013, 05:38 »

DT ? Here the turning point comes...

Poncke v2 · « **Reply #104 on:** June 05, 2013, 06:18 »

Quote from: Herg on June 04, 2013, 11:35

They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.

So they didnt get the EL from DT then? Or do you have an EL sale on DT for the image?

gostwyck · « **Reply #105 on:** June 05, 2013, 10:59 »

Quote from: Poncke v2 on June 05, 2013, 06:18

Quote from: Herg on June 04, 2013, 11:35
They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.
So they didnt get the EL from DT then? Or do you have an EL sale on DT for the image?

Why would you need an EL for a movie poster? It's unlikely to be resold or have a print run more than 500K surely?

From DT's website;

"Using our regular RF license you CAN:

- illustrate websites
- decorate you home or office
- create advertising posters, flyers, postcards and any other promotional material of this type
- create unique interior designs
- illustrate books and CD covers and booklets
- illustrate magazine articles and covers or newspapers
- create wrappings for different products
- create posters for humanitarian campaigns or social campaigns
- create company presentations"

Poncke v2 · « **Reply #106 on:** June 05, 2013, 11:03 »

Quote from: gostwyck on June 05, 2013, 10:59

Quote from: Poncke v2 on June 05, 2013, 06:18
Quote from: Herg on June 04, 2013, 11:35
They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.
So they didnt get the EL from DT then? Or do you have an EL sale on DT for the image?

Why would you need an EL for a movie poster? It's unlikely to be resold or have a print run more than 500K surely?

From DT's website;

"Using our regular RF license you CAN:

- illustrate websites
- decorate you home or office
- create advertising posters, flyers, postcards and any other promotional material of this type
- create unique interior designs
- illustrate books and CD covers and booklets
- illustrate magazine articles and covers or newspapers
- create wrappings for different products
- create posters for humanitarian campaigns or social campaigns
- create company presentations"

I dont know, I am not on DT, but thanks for looking that up. Basically that closes the case. They didnt infringe the license they bought. Sums it up really. Big million dollar production Hollywood and they used a stock image for 5 dollar, within the use of the license. And loads of time wasted over nothing.

tickstock · « **Reply #107 on:** June 05, 2013, 11:04 »

Poncke v2 · « **Reply #108 on:** June 05, 2013, 11:26 »

Quote from: tickstock on June 05, 2013, 11:04

http://www.allposters.com/-sp/Looper-Movie-Poster-Posters_i9200307_.htm?AID=96280778&ProductTarget=53105826463

http://www.moviepostershop.com/looper-movie-poster-2012/AB81405

Someone is selling the poster.

Right, so you just kicked off the next round of chasing this around. Ding ding ding - Resale.

tickstock · « **Reply #109 on:** June 05, 2013, 11:28 »

Poncke v2 · « **Reply #110 on:** June 05, 2013, 12:01 »

I wasnt going to wade through 5 pages to see what was said. But the OP has no longer beef with the production company but with poster resellers I might think. Those might not even be related to the production company. Good luck sorted that mess out.

nicku · « **Reply #111 on:** June 06, 2013, 00:35 »

Quote from: gostwyck on June 05, 2013, 10:59

Quote from: Poncke v2 on June 05, 2013, 06:18
Quote from: Herg on June 04, 2013, 11:35
They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.
So they didnt get the EL from DT then? Or do you have an EL sale on DT for the image?

Why would you need an EL for a movie poster? It's unlikely to be resold or have a print run more than 500K surely?

From DT's website;

"Using our regular RF license you CAN:

- illustrate websites
- decorate you home or office
- create advertising posters, flyers, postcards and any other promotional material of this type
- create unique interior designs
- illustrate books and CD covers and booklets
- illustrate magazine articles and covers or newspapers
- create wrappings for different products
- create posters for humanitarian campaigns or social campaigns
- create company presentations"

Case closed... $:-\$

fotografer · « **Reply #112 on:** June 06, 2013, 04:40 »

Quote from: nicku on June 06, 2013, 00:35

Quote from: gostwyck on June 05, 2013, 10:59
Quote from: Poncke v2 on June 05, 2013, 06:18
Quote from: Herg on June 04, 2013, 11:35
They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.
So they didnt get the EL from DT then? Or do you have an EL sale on DT for the image?

Why would you need an EL for a movie poster? It's unlikely to be resold or have a print run more than 500K surely?

From DT's website;

"Using our regular RF license you CAN:

- illustrate websites
- decorate you home or office
- create advertising posters, flyers, postcards and any other promotional material of this type
- create unique interior designs
- illustrate books and CD covers and booklets
- illustrate magazine articles and covers or newspapers
- create wrappings for different products
- create posters for humanitarian campaigns or social campaigns
- create company presentations"

Case closed... $:-\$

No that says create, not sell

Phadrea · « **Reply #113 on:** June 06, 2013, 16:40 »

Quote from: nicku on June 06, 2013, 00:35

Quote from: gostwyck on June 05, 2013, 10:59
Quote from: Poncke v2 on June 05, 2013, 06:18
Quote from: Herg on June 04, 2013, 11:35
They got back to me and said they purchased it from Dreamstime and are contacting them for more info. Of all the stock sites it was the one which has terrible poor sales for me.
So they didnt get the EL from DT then? Or do you have an EL sale on DT for the image?

Why would you need an EL for a movie poster? It's unlikely to be resold or have a print run more than 500K surely?

From DT's website;

"Using our regular RF license you CAN:

- illustrate websites
- decorate you home or office
- create advertising posters, flyers, postcards and any other promotional material of this type
- create unique interior designs
- illustrate books and CD covers and booklets
- illustrate magazine articles and covers or newspapers
- create wrappings for different products
- create posters for humanitarian campaigns or social campaigns
- create company presentations"

Case closed... $:-\$

Absolutely not !!!

Ron · « **Reply #114 on:** June 07, 2013, 02:37 »

Are the resellers related to the production company? Is the production company selling the posters? I might have missed that, but the links Tickstock posted dont seem to be related to the hollywood company.

Phadrea · « **Reply #115 on:** June 12, 2013, 04:21 »

I got this back from the poster production company:

Sorry for the delay in getting back to you,

I have attached the confirmation of purchase and spoken to Dreamstime who we purchased this image from who confirmed that you have been paid by them for the use of this image,

If you have any further queries please let me know,

ShadySue · « **Reply #116 on:** June 12, 2013, 05:09 »

Now you have to decide, after checking the DT T&C if you want to contact DT re the sales of the poster. Make sure you check the T&C very carefully. DT are probably not very happy that you contacted a big company directly and possibly (inferring from some posts above) in a semi-accusatory way.

Very impressed that they got back to you so quickly, even though it didn't seem like it to you at the time.

Ron · « **Reply #117 on:** June 12, 2013, 05:48 »

But he said it wasnt about being paid, it was about reselling?

This thread is so confusing.

If its about getting paid, you are chasing dimes, if its about reselling, you need check the license and report it to DT.

If its a principle thing now, then you might end up finding yourself in a lot more trouble then you bargained for.

Phadrea · « **Reply #118 on:** June 12, 2013, 05:59 »

What do you mean by trouble Ron ?

cathyslife · « **Reply #119 on:** June 12, 2013, 06:38 »

Trouble...i think he means with DT, like sue mentioned above. They dont want to be bothered tracking things down, but shame on you for questioning their authority. A$$hats. Also did the poster company tell you the print run? Sometimes the difference between standard and el is that quantity. I dont know dts terms any more...been gone from there for awhile now. Maybe it doesnt matter. Hope you get some sort of satisfaction, even if it is only a principle.

Ron · « **Reply #120 on:** June 12, 2013, 07:02 »

Quote from: Herg on June 12, 2013, 05:59

What do you mean by trouble Ron ?

If you are stirring the pot to much, and DT doesnt like it, you might get your account suspended or whatever. What if that company says, we dont like your contributors chasing us, we go shopping somewhere else. Dont know, be careful. You dont even know for sure if you have a case.

Phadrea · « **Reply #121 on:** June 12, 2013, 08:02 »

Like it would be much of a loss for me. DT are terrible sales for me. You get a few every blue moon when the Loch Ness monster is seen with Elvis riding on it's back just as Saturn is aligned with Venus.

Ron · « **Reply #122 on:** June 12, 2013, 08:31 »

Fair enough. Hope you get it resolved.

stockmarketer · « **Reply #123 on:** June 12, 2013, 09:26 »

Seems to me that...

1. Your time could be MUCH better spent just focusing on creating new content.

2. Many people here told you that the usage was most likely covered by a regular license, yet you pressed on making noise with the customer, DT and the ms community over nothing.

3. If I ran DT I would see this as extremely unprofessional behavior and I would sanction you. You contacted the customer implying they did something wrong, when they were perfectly in the clear. I would be hesitant to buy from DT again for fear one of its contributors would come after me later questioning my legitimate use of an image. So not cool, man.

4. What's next, you're going to go after every third party poster reseller or eBayer who is offering the poster for sale? For god's sake, let it go.

When I jumped into microstock, I had to swallow the fact that sometimes my work will be used in ways the license doesn't allow, or worse yet, outright stolen. I can try to monitor every usage and go after people I think are infringing, or I can keep my nose to the grindstone. I don't have to like the misuse or theft, but I know I will not move forward if I keep looking back.

gostwyck · « **Reply #124 on:** June 12, 2013, 10:28 »

Quote from: stockmarketer on June 12, 2013, 09:26

Seems to me that...

1. Your time could be MUCH better spent just focusing on creating new content.

2. Many people here told you that the usage was most likely covered by a regular license, yet you pressed on making noise with the customer, DT and the ms community over nothing.

3. If I ran DT I would see this as extremely unprofessional behavior and I would sanction you. You contacted the customer implying they did something wrong, when they were perfectly in the clear. I would be hesitant to buy from DT again for fear one of its contributors would come after me later questioning my legitimate use of an image. So not cool, man.

4. What's next, you're going to go after every third party poster reseller or eBayer who is offering the poster for sale? For god's sake, let it go.

When I jumped into microstock, I had to swallow the fact that sometimes my work will be used in ways the license doesn't allow, or worse yet, outright stolen. I can try to monitor every usage and go after people I think are infringing, or I can keep my nose to the grindstone. I don't have to like the misuse or theft, but I know I will not move forward if I keep looking back.

Well said. Almost every business suffers from some degree of 'shrinkage' as it is called. The loss of stock and/or property, most of it usually stolen by the business's own employees, is almost unavoidable without taking impractical measures that would cost the business more than the loss it is intended to prevent. Unfortunately it is part of the business ... of being in business.

You are best moving on and utilising your time & energy to create new content.

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Author Topic: My shot used for movie poster-Legal advice needed (Read 33612 times)

ShadySue

Phadrea

WarrenPrice

gemmy12

Poncke v2

gostwyck

Poncke v2

tickstock

Poncke v2

tickstock

Poncke v2

nicku

fotografer

Phadrea

Ron

Phadrea

ShadySue

Ron

Phadrea

cathyslife

Ron

Phadrea

Ron

stockmarketer

gostwyck

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