Author Topic: Saw My Clips on a High Budget Production, Purchased on SS Standard Licence (Read 4896 times)

cloudvisual · « **on:** October 27, 2019, 17:54 »

I've had a search of the forum and couldn't find an answer, although I'm sure it's been asked many times.

A few weeks ago, I had a run of purchases which I literally said to myself "Someone must be doing a documentary on that place"

Watching TV this evening, UK's ITV Channel, which is one of the biggest channels we have, the clips start showing up. I have a look at the clips sold after seeing the first one and the rest all show up through the production.

I checked the licence and they were purchased under Shutterstock's Standard Licence, which is not allowed for this type of production.

Can anyone let me know the process for claiming my lost earnings and if there's any penalties for the production company.

Sean Locke Photography · « **Reply #1 on:** October 27, 2019, 18:01 »

Why do you think it is not allowed?

cloudvisual · « **Reply #2 on:** October 27, 2019, 18:44 »

Quote from: Sean Locke Photography on October 27, 2019, 18:01

Why do you think it is not allowed?

SS standard licences are for productions under $10k

cathyslife · « **Reply #3 on:** October 27, 2019, 19:00 »

A number of years ago, I found an image of mine used in Good Housekeeping magazine, purchased from istock. I looked up the license purchased, and it was not purchased as an enhanced license. I had the circulation figures of the magazine, a picture of the article, etc. I sent the info to them, and they credited my account for the proper license. I should think the procedure would be the same for your clips. Send documentation and details of where they are being used, and maybe SS will investigate.

Cider Apple · « **Reply #4 on:** October 28, 2019, 03:52 »

I've kinda been wondering the same question. I saw a few of my clips on the opening of the Rugby World Cup titles and the opening to all the games. Also on ITV in the UK and probably watched by mega millions.
I'm over the moon as my clips are kinda like the main running theme throughout the opener. Looks like I got $102 for the main clip and 73 for the 2 lesser ones.
At first I was like, OK then that got me thinking as it's been viewed by millions should I double check what license was used?

Years ago I found a clip of mine in a music video that's had over 240 million views on youtube with only a standard license. Maybe I should have asked if this was correct but to be honest my first reaction is always WOW and that's so cool! before I ever wonder about if it's been purchased correctly?

cloudvisual · « **Reply #5 on:** October 28, 2019, 04:14 »

Quote from: Cider Apple on October 28, 2019, 03:52

I've kinda been wondering the same question. I saw a few of my clips on the opening of the Rugby World Cup titles and the opening to all the games. Also on ITV in the UK and probably watched by mega millions.
I'm over the moon as my clips are kinda like the main running theme throughout the opener. Looks like I got $102 for the main clip and 73 for the 2 lesser ones.
At first I was like, OK then that got me thinking as it's been viewed by millions should I double check what license was used?

Years ago I found a clip of mine in a music video that's had over 240 million views on youtube with only a standard license. Maybe I should have asked if this was correct but to be honest my first reaction is always WOW and that's so cool! before I ever wonder about if it's been purchased correctly?

I'd certainly look into it, as trying to pinch the clip under the wrong licence is illegal and would certainly mean it would cost them.

Just to warn you, I've uncovered a slightly more confusing situation regarding my clips, as the credits showed Getty and P5 as the archive images and no mention of SS. So I went and reviewed my other accounts and there were identical purchases a couple of days before, so I'm not sure if a couple of researchers have stumbled across the same set of clips purchased around the same time on P5 (the search criteria was extremely narrow for one of the shots they needed) and purchased them separately unknowing.

So I've raised a ticket, as P5 shows a 'Custom Licence' but it's not for that much, compared to some of the larger custom licence payments I get through there. Hopefully that will give a definitive answer.

Noedelhap · « **Reply #6 on:** October 28, 2019, 06:42 »

That certainly is worth investigating. I hope you get the payment you deserve. Please let us know whether you've been successful with claiming your royalties once your case is handled and kindly share the steps you've taken. It might be useful for other artists in the future. Good luck!

gillian vann · « **Reply #7 on:** November 13, 2019, 01:57 »

a few month ago I sold drone footage on Getty to Foxtel, Australia's #1 paid cable/subs service, there are at least 2million subscribers. I made 78c.

Morphart · « **Reply #8 on:** November 14, 2019, 16:03 »

Take that up to Shutterstock so they can do a follow and explain... or hire a lawyer and send a letter to the company hoping they will admit their wrong and settle up with you.
I did this with a government (actually a five country coalition) which bought a standard license of my image on Shutterstock and used it as a logo (the license do NOT permit the use as logo, AND for governmental purpose) on their flag, advertise all over the country, on vehicles, on dignitaries gifts, etc... The only leverage I had would be to make it public. After they received the letter they acknowledge their wrong, but it took 2 years and hiring a local lawyer firm of those countries and in the end they paid up.

I think it's easier just to contact Shutterstock and they might have more leverage than you alone... but the options are there and payout is also different... chances are too

.

marthamarks · « **Reply #9 on:** November 14, 2019, 16:08 »

Quote from: Morphart on November 14, 2019, 16:03

Take that up to Shutterstock so they can do a follow and explain...

I think it's easier just to contact Shutterstock and they might have more leverage than you alone... but the options are there and payout is also different... chances are too .

Good luck getting a reply from SS's "customer care" team!

Medstockphotos · « **Reply #10 on:** November 14, 2019, 20:59 »

Today I saw one of my photos on a t-shirt being sold on Amazon. I've checked every sale of the photo on every agency I have it listed with. No EL for this one, ever. Isn't an EL required to reprint on t-shirts, etc? I hate to cause anyone trouble, but we get so few peanuts for our work and this company seems to be selling quite a few of them for $25 a pop.

Morphart · « **Reply #11 on:** November 15, 2019, 08:14 »

Quote from: Medstockphotos on November 14, 2019, 20:59

Today I saw one of my photos on a t-shirt being sold on Amazon. I've checked every sale of the photo on every agency I have it listed with. No EL for this one, ever. Isn't an EL required to reprint on t-shirts, etc? I hate to cause anyone trouble, but we get so few peanuts for our work and this company seems to be selling quite a few of them for $25 a pop.

Yes EL is required and anyone can create a Merch account on amazon. Make sure you do not sell on agencies like Colourbox for example as their ''standard license'' allow use on merchandise. Many smaller agency or free agencies or bulk sale websites also gives out this type of license.

You can try contacting the person who has listed the item directly and see if he wants to pay the EL license else remove the item, or contact amazon and they may terminate his account.

Medstockphotos · « **Reply #12 on:** November 15, 2019, 08:32 »

Hey Morphart, and thanks for the reply. I have that photo on SS, Adobe, Alamy, DT and 123. I don't think any of them allow t-shirt printing for a 38 cent sub download. I've searched the whole ad listing page on Amazon and I don't see any way to contact the seller or even know who it is. I guess my only option now is to contact Amazon and file a complaint for copyright infringement.

jonbull · « **Reply #13 on:** November 15, 2019, 08:56 »

good luck trying to have some money back. good luck.

Uncle Pete · « **Reply #14 on:** November 16, 2019, 09:44 »

Quote from: Medstockphotos on November 15, 2019, 08:32

Hey Morphart, and thanks for the reply. I have that photo on SS, Adobe, Alamy, DT and 123. I don't think any of them allow t-shirt printing for a 38 cent sub download. I've searched the whole ad listing page on Amazon and I don't see any way to contact the seller or even know who it is. I guess my only option now is to contact Amazon and file a complaint for copyright infringement.

Might be one of those, they don't pay, until someone orders a shirt, kind of deals. In other words, it's an offering, but none produced, so no license.

You need to know where they got it?

Quote from: Morphart on November 14, 2019, 16:03

I think it's easier just to contact Shutterstock and they might have more leverage than you alone... but the options are there and payout is also different... chances are too .

I think the TOS says we shouldn't contact anyone on our own, without first asking the agency. They should handle it first.

Medstockphotos · « **Reply #15 on:** November 19, 2019, 19:27 »

Uncle Pete-
Well, at least one person bought it, because they left a review. Whoever is doing this has these shirts for sale on 6 different sites. I have filed a copyright complaint with each and every one of them.
The file has sold (1 or 2 sub downloads) on SS, DT and Adobe, so figuring out where this person bought the original file might be difficult.
I think I'll give them the generous option of buying an EL directly from me. For $200.

Uncle Pete · « **Reply #16 on:** November 20, 2019, 12:24 »

Quote from: Medstockphotos on November 19, 2019, 19:27

Uncle Pete-
Well, at least one person bought it, because they left a review. Whoever is doing this has these shirts for sale on 6 different sites. I have filed a copyright complaint with each and every one of them.
The file has sold (1 or 2 sub downloads) on SS, DT and Adobe, so figuring out where this person bought the original file might be difficult.
I think I'll give them the generous option of buying an EL directly from me. For $200.

Interesting, left a review on Amazon for your art on a shirt?

Quote from: Medstockphotos on November 15, 2019, 08:32

Hey Morphart, and thanks for the reply. I have that photo on SS, Adobe, Alamy, DT and 123. I don't think any of them allow t-shirt printing for a 38 cent sub download. I've searched the whole ad listing page on Amazon and I don't see any way to contact the seller or even know who it is. I guess my only option now is to contact Amazon and file a complaint for copyright infringement.

Consider some other possibilities. Someone stole your art and sold it to the people who make the shirts. It's a POD site and they haven't registered the purchase yet?

But where you need to start is determine where they got it, then check the license or ask the agency, if that's allowed. I'd say having the agency go after someone is the first step... however there's a kink in that plan. If you have the same image for sale on "SS, Adobe, Alamy, DT and 123" the single agency probably won't go after the person, at least that's been past experience. Say it was IS. They only go after exclusive images, because of the difficulty in proving where it was downloaded.

Good luck I hope you get a good license fee for your work, it just might be more complicated.

Medstockphotos · « **Reply #17 on:** November 20, 2019, 16:53 »

Quote from: Uncle Pete on November 20, 2019, 12:24

Interesting, left a review on Amazon for your art on a shirt?

Consider some other possibilities. Someone stole your art and sold it to the people who make the shirts. It's a POD site and they haven't registered the purchase yet?

But where you need to start is determine where they got it, then check the license or ask the agency, if that's allowed. I'd say having the agency go after someone is the first step... however there's a kink in that plan. If you have the same image for sale on "SS, Adobe, Alamy, DT and 123" the single agency probably won't go after the person, at least that's been past experience. Say it was IS. They only go after exclusive images, because of the difficulty in proving where it was downloaded.

Good luck I hope you get a good license fee for your work, it just might be more complicated.

Yes, to the review. And they have to be a verified purchaser to leave one.

It seems that Amazon is taking this seriously, at least. The listing is now "not available".
The other sites...not so much. Interestingly, one of those other sites provided some sales information on their listing, (Tee Willy) . 42 sales of that t-shirt in 30 minutes! At least, according to them.

License fee. Not expecting to ever see a dime of that money they made (and are still making) off of my hard work. I just hope that if enough of us make it difficult for companies like this, that eventually they will decide that it's easier to just buy the appropriate license to begin with.

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Author Topic: Saw My Clips on a High Budget Production, Purchased on SS Standard Licence (Read 4896 times)

cloudvisual

Sean Locke Photography

cloudvisual

cathyslife

Cider Apple

cloudvisual

Noedelhap

gillian vann

Morphart

marthamarks

Medstockphotos

Morphart

Medstockphotos

jonbull

Uncle Pete

Medstockphotos

Uncle Pete

Medstockphotos

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