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Microstock Photography Forum - General => General Stock Discussion => Topic started by: StockMania on June 24, 2015, 01:48

Title: My stock images being sold in an art gallery without my permission
Post by: StockMania on June 24, 2015, 01:48
OK.. so i need some advice or if you can steer me to an old thread that covers this i would be most greatfull... i did a reverse google search for one of my images and found an art gallery in Australia (i live in Africa) selling two of my images. I know this is illegal but i don't know what the best way is to deal with this? Any advice would be much appreciated. I am going to send them a 'ghost' email asking for the prices of the images and how i can go about buying it just to understand their business better... There are no prices published on their website... to say i am pissed off would be an understatement ...
Title: Re: My stock images being sold in an art gallery without my permission
Post by: leaf on June 24, 2015, 08:02
Are they images you have for sale on a stock site?  Could they have purchased an extended license?
Title: Re: My stock images being sold in an art gallery without my permission
Post by: Jo Ann Snover on June 24, 2015, 09:39
Are they images you have for sale on a stock site?  Could they have purchased an extended license?

If your images are for sale at some agencies (Fotolia is one) you wouldn't even have to buy an extended license - they allow API users to show works and then buy a license for each print sale (if and when they happen).
Title: Re: My stock images being sold in an art gallery without my permission
Post by: ShadySue on June 24, 2015, 09:41
Are they images you have for sale on a stock site?  Could they have purchased an extended license?

If your images are for sale at some agencies (Fotolia is one) you wouldn't even have to buy an extended license - they allow API users to show works and then buy a license for each print sale (if and when they happen).
How could that ever be monitored?
Title: Re: My stock images being sold in an art gallery without my permission
Post by: Pixart on June 24, 2015, 09:49
There might be some confusion.  At first I thought he meant the photos were printed and hanging on a gallery wall for sale already.  But I think he likely means they are displayed online and offered for purchase.  Sadly, this is becoming very common.  Supposedly they are allowed to display the image for sale, but only pay us once there is an actual transaction.  You would think this would be an EL sale, but I don't think so.

And we trust them to be honest and pay for it again when the next customer wants the same print.
Title: Re: My stock images being sold in an art gallery without my permission
Post by: Jo Ann Snover on June 24, 2015, 10:08
Are they images you have for sale on a stock site?  Could they have purchased an extended license?


If your images are for sale at some agencies (Fotolia is one) you wouldn't even have to buy an extended license - they allow API users to show works and then buy a license for each print sale (if and when they happen).

How could that ever be monitored?


I didn't like the deal when Fotolia first allowed it many years ago (http://www.microstockgroup.com/fotolia-com/prints-for-sale-through-fotolia/) and a number of us argued with them about it, but clearly lost.
Title: Re: My stock images being sold in an art gallery without my permission
Post by: tickstock on June 24, 2015, 10:11
Shutterstock allows it on Bigstock with their API program as well:  https://www.bigstockphoto.com/partners/learn-more/ (https://www.bigstockphoto.com/partners/learn-more/)
Title: Re: My stock images being sold in an art gallery without my permission
Post by: photominer on June 24, 2015, 16:21
I saw some of mine for sale as actual wallpaper once. Can you imaging being surrounded by tomatoes everywhere you look (and not the country life, blend into the background of your kitchen kind either)? I didn't bother complaining because I'd likely end up paying for someone's therapy someday...
Title: Re: My stock images being sold in an art gallery without my permission
Post by: cascoly on June 25, 2015, 19:14
I recently discovered my images being sold as $100 posters on art.com etc - they said they had 'licensed' them from bigstock.  BS says this is ok, as they just sell one print at a time, even though bigstock's licensing specifically says images cannot be resold as prints, posters, etc
Title: Re: My stock images being sold in an art gallery without my permission
Post by: trek on June 25, 2015, 19:20
Hmmmm...  Seems my photos are at art.com too.  No mention of artist name either. 
Title: Re: My stock images being sold in an art gallery without my permission
Post by: tickstock on June 25, 2015, 19:28
I recently discovered my images being sold as $100 posters on art.com etc - they said they had 'licensed' them from bigstock.  BS says this is ok, as they just sell one print at a time, even though bigstock's licensing specifically says images cannot be resold as prints, posters, etc
https://www.bigstockphoto.com/partners/learn-more/ (https://www.bigstockphoto.com/partners/learn-more/)
Title: Re: My stock images being sold in an art gallery without my permission
Post by: Jo Ann Snover on June 25, 2015, 19:49
I recently discovered my images being sold as $100 posters on art.com etc - they said they had 'licensed' them from bigstock.  BS says this is ok, as they just sell one print at a time, even though bigstock's licensing specifically says images cannot be resold as prints, posters, etc

They used to have an opt out (and I opted out as soon as I saw what royalty I received for one of these print sales). The real issue for me was that I sell  via FAA and make much more than the pittance BigStock was paying, so why undercut myself?

I left BigStock when they wouldn't let us opt out of their lowball subscription scheme, so my information may no longer be current. I think anyone who sells via any print on demand site directly would want to insist on an opt out from these deals.
Title: Re: My stock images being sold in an art gallery without my permission
Post by: sweetgirll on June 25, 2015, 20:22
By the way,
 Bigstock also has a shop on Zazzle....or two shops..I dont' remember.
http://www.zazzle.com/boutiquey/ (http://www.zazzle.com/boutiquey/)



I recently discovered my images being sold as $100 posters on art.com etc - they said they had 'licensed' them from bigstock.  BS says this is ok, as they just sell one print at a time, even though bigstock's licensing specifically says images cannot be resold as prints, posters, etc
Title: Re: My stock images being sold in an art gallery without my permission
Post by: Pixart on June 25, 2015, 20:32
And Café Press.  I opted out.  I am actually opting out of the whole show after my next payout, $3 or ten years.  Whichever comes first.
Title: Re: My stock images being sold in an art gallery without my permission
Post by: cascoly on June 26, 2015, 13:56
Hmmmm...  Seems my photos are at art.com too.  No mention of artist name either.

my images were being listed & advertised on art.com under my 'cascoly' name!  they did remove them when I objected

I generally hadn't looked at partner sites but didn't realize bigstock was doing something so sleazy as to violate their own RF licensing terms!

1 more payout & I'm gone from BS
Title: Re: My stock images being sold in an art gallery without my permission
Post by: lark on July 21, 2015, 05:21
I found 69 of my images in art.com and allposters. They told that the images were licensed from Fotolia. Fotolia told that allposters are their API partner. So according to them it is absolutely legal.

What is strange is that after my complaint allposters very quickly removed the portfolio. If they had the right to print why did they remove the portfolio?

Anyway I myself removed part of my porfolio from Fotolia.
Title: Re: My stock images being sold in an art gallery without my permission
Post by: Mantis on July 21, 2015, 08:46
Even with the Adobe deal I am so happy I am not with FOTOLIA anymore.
Title: Re: My stock images being sold in an art gallery without my permission
Post by: stockastic on July 21, 2015, 10:21
It's fascinating to see how these so-called "agencies" have lived up to our worst expectations.  Just a steady downhill slide with no bottom in sight.