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Author Topic: Huge copyright infringement... what would You do?  (Read 16657 times)

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« Reply #50 on: October 31, 2016, 17:03 »
0

I was trying to get some sort of insight here as it has been useful in the past, but I guess without disclosing all the information and the importance and coverage of their campaign would be hard to do. Official attorney letter is leaving today, I'll keep posted about the result :p

I hope it goes well for you.  This sounds really outrageous!


SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #51 on: October 31, 2016, 21:38 »
+2
And when you say 'buy the license' keep in mind that they can't buy that license from any of the stock sites they may have got it from, as none of them provide a license where they can use your item in a logo. So you'll need to sell them one of your own custom licenses directly, one that happens to cost considerably more than what they may have paid elsewhere for a non logo license.

SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #52 on: October 31, 2016, 21:40 »
+3
But this image:

http://www.shutterstock.com/pic-12220846/stock-photo-illustration-of-a-head-eagle.html

predates your one above no? I am just notice some similarities like the number of swooshes at the bottom, position of the sideways "v" by the mouth. Number of lines above the eye. Way the eye is cut off at the bottom. Way eye intersects line. Way the dark shape swooshes under the eye and so on.

Weird huh?

I'm not sure I understand your point? First the image people quotes in this thread is not related at all to the issue I am talking about. Second I don't see any similarities except that they are both eagle heads?

Please read the start of the thread if you didn't. :p

You should compare the two side by side, IMHO every element of the eagles head has a corresponding almost identical element in your version, but whatever.

I am talking about these two, not the one Sean linked to:

http://www.shutterstock.com/pic-12220846/stock-photo-illustration-of-a-head-eagle.html
http://www.shutterstock.com/pic-218972797.html


Yeah, but you're still comparing them to the one he posted... for all we know, the logo in question could be a bat having intimate relations with a horse. As a result, I see no similarities in the eagles you've posted, and the bat horse action logo that this thread relates to.

No I'm not, I'm comparing the two links to each other not to the one Sean posted. One is by the OP, the other is by another contributor. If your point is that this isn't what the OP intended to discuss, then yes you are correct. I just noticed the similarity when I was taking a look at his portfolio for this thread.


Ah right, I see what you're saying now. Sorry!

Justanotherphotographer

« Reply #53 on: November 01, 2016, 05:59 »
+1
Well, looks like the OP has deleted that image? Guess it's mystery solved.

« Reply #54 on: November 01, 2016, 07:19 »
0
Well, looks like the OP has deleted that image? Guess it's mystery solved.
I noticed many difference from the 2 images when put one next to each other, one was more 3D, mine more flat, however with a portfolio of 20k images I don't want anything to do with a copyright verification from Shutterstock. Having an account suspended even for a few days while an investigation goes on =  a lot of revenue loss. I have all the source hand drawing done by my Illustrator but I still contacted him to make sure it was original which he confirmed it was and pointed out the differences. Thanks also for pointing out similar copies from other contributors will also have a look on those.
« Last Edit: November 01, 2016, 10:23 by Morphart »

« Reply #55 on: November 01, 2016, 07:20 »
+2

I was trying to get some sort of insight here as it has been useful in the past, but I guess without disclosing all the information and the importance and coverage of their campaign would be hard to do. Official attorney letter is leaving today, I'll keep posted about the result :p

I hope it goes well for you.  This sounds really outrageous!

I hope also, letters are sent and am waiting an answer from them in the next 2 weeks. Thanks for your support!

« Reply #56 on: November 01, 2016, 22:36 »
0
While I side with morphart with this abuse, I did a simple search by design on google images and found the identical eagle on pages and pages of sites, some for sale, some I don't know what the license allows.

http://tinyurl.com/hd2plqj

How do you know where they got it? Do they credit you as the artist and the source?


You are not talking about the right illustration, I did not disclose the illustration as my point of leverage right now is I haven't gone public and to the media to avoid them being embarrassed... and so that they can offer to buy the copyrights in good faith. Probably they hired a graphic designer who mislead them with this also, we can leave the governments a doubt.


Got it, waiting for the lawyer to do his work.

« Reply #57 on: November 02, 2016, 01:48 »
+3
Just noting that depositphotos explicitly allows logo use as long as the logo is not a registered trade or service mark.

Quote
Logo or emblem that will NOT be officially registered as a trademark or service mark   
 
Allowed


http://depositphotos.com/license-comparison.html

« Reply #58 on: November 28, 2016, 10:56 »
+11
What confuses me is why your attorney is not able to advise you as to the value of the case.  Does he specialize in IP cases?  He should be familiar with typical settlement and judgment values in his field.

Yes he has 15 years experience in IP cases, but first off he didn't know the exact amount, for now we'll ask the other party to stop using the image or make an offer to buy the license.

I was trying to get some sort of insight here as it has been useful in the past, but I guess without disclosing all the information and the importance and coverage of their campaign would be hard to do. Official attorney letter is leaving today, I'll keep posted about the result :p

Hi everyone, just writing to tell we received a call this morning and are settling for a 5 figures. The guess was right, the one who sold them the logo did not read the license terms and they are kind of embarrassed, so I want to keep this story low. Just wanted to share it as it's worth it to defend your copyrights even if it seems hard work or to have upfront fees for a lawyer.

BTW, I contacted Shutterstock about this after hiring the lawyer, and they answered 3 weeks after saying that since I already took the matter in hand they will not do anything unless I get no result, and I had to prove the license (image) was bought from their website. Not sure what the results would have been had I left it in their hands.

I am happy to see there are sometime good endings in Microstock stories :p

« Reply #59 on: November 28, 2016, 11:01 »
+3
Great outcome, way to go!

« Reply #60 on: November 28, 2016, 13:04 »
+3
Nice!   Definitely worth the fight~

« Reply #61 on: November 28, 2016, 22:12 »
+3
Congratulations, Morphart. You made the right decisions and actions like yours help everyone who makes money from copyrights.

« Reply #62 on: November 28, 2016, 22:26 »
+3
Well, guess I was wrong.  Enjoy the windfall!

« Reply #63 on: December 13, 2016, 14:54 »
+2
Congratulations, Morphart. You made the right decisions and actions like yours help everyone who makes money from copyrights.

Thanks I appreciate. I still didn't receive the cheque but discussion is on. At least they acknowledge their mistake, I just hope they follow through :p

« Reply #64 on: December 20, 2016, 11:56 »
+6
Congratulations, Morphart. You made the right decisions and actions like yours help everyone who makes money from copyrights.

Thanks I appreciate. I still didn't receive the cheque but discussion is on. At least they acknowledge their mistake, I just hope they follow through :p

To close this thread, they did not negociate even a single cent and agreed to pay 25k$ USD for exclusive copyright and worldwide distribution. Either I made a fair price or they found it low enough not to negociate, but comparing to microstock earning, this is a good victory for copyrights, very happy about this ending just before Christmas. Attorney will cost me around 2k$ CDN but was well worth it.

If you ever find yourself in a similar situation, it can be worth it to defend your rights yourself with an attorney, even if it's just an official letter sent.

Happy Holidays! :)

« Reply #65 on: December 20, 2016, 12:32 »
+3
well done!

« Reply #66 on: December 20, 2016, 13:13 »
+4


« Reply #67 on: December 20, 2016, 13:47 »
+2
Congratulations, Morphart. You made the right decisions and actions like yours help everyone who makes money from copyrights.

Thanks I appreciate. I still didn't receive the cheque but discussion is on. At least they acknowledge their mistake, I just hope they follow through :p

To close this thread, they did not negociate even a single cent and agreed to pay 25k$ USD for exclusive copyright and worldwide distribution. Either I made a fair price or they found it low enough not to negociate, but comparing to microstock earning, this is a good victory for copyrights, very happy about this ending just before Christmas. Attorney will cost me around 2k$ CDN but was well worth it.

If you ever find yourself in a similar situation, it can be worth it to defend your rights yourself with an attorney, even if it's just an official letter sent.

Happy Holidays! :)

Excellent! Merry Christmas to you...I foresee new camera equipment under your tree.  :)

« Reply #68 on: December 20, 2016, 14:03 »
+2


To close this thread, they did not negociate even a single cent and agreed to pay 25k$ USD for exclusive copyright and worldwide distribution. Either I made a fair price or they found it low enough not to negociate, but comparing to microstock earning, this is a good victory for copyrights, very happy about this ending just before Christmas. Attorney will cost me around 2k$ CDN but was well worth it.

If you ever find yourself in a similar situation, it can be worth it to defend your rights yourself with an attorney, even if it's just an official letter sent.

Happy Holidays! :)

congrats, definitely a happy hols for you. i wonder what would have been the outcome
had ss took it into their own hands ;)
you strike it rich by being in the right place and the right time ..and of course, the right attorney.

« Reply #69 on: December 20, 2016, 14:28 »
+2
So we have our single best day ever winner.

http://www.microstockgroup.com/general-stock-discussion/your-single-best-day-ever/


Hahaha yes definetly my best sale ever, not likely to happen twice though but I'll take it gladly! :)

Excellent! Merry Christmas to you...I foresee new camera equipment under your tree.  :)


Thank you very much hehe! :) I think this time I'll be reasonable and pay debts I have after investing in new equipment every year haha, my wife will like me for it... but maybe a small gift wouldn't hurt haha! :)

congrats, definitely a happy hols for you. i wonder what would have been the outcome
had ss took it into their own hands ;)
you strike it rich by being in the right place and the right time ..and of course, the right attorney.


I wonder also... My guess is that they might have fetched more or do nothing at all, but even had they gone through and fetched more, given the 20-30% we get as contributor, I doubt I would have had a better outcome.

The attorney costed a low 390$/h lol, but happily it was resolved in a timely manner :)... I am just happy that I don't have to pay the atorney's invoice without having had any results :)

« Reply #70 on: December 20, 2016, 14:45 »
+3
So we have our single best day ever winner.

http://www.microstockgroup.com/general-stock-discussion/your-single-best-day-ever/


Hahaha yes definetly my best sale ever, not likely to happen twice though but I'll take it gladly! :)

Excellent! Merry Christmas to you...I foresee new camera equipment under your tree.  :)


Thank you very much hehe! :) I think this time I'll be reasonable and pay debts I have after investing in new equipment every year haha, my wife will like me for it... but maybe a small gift wouldn't hurt haha! :)

congrats, definitely a happy hols for you. i wonder what would have been the outcome
had ss took it into their own hands ;)
you strike it rich by being in the right place and the right time ..and of course, the right attorney.


I wonder also... My guess is that they might have fetched more or do nothing at all, but even had they gone through and fetched more, given the 20-30% we get as contributor, I doubt I would have had a better outcome.

The attorney costed a low 390$/h lol, but happily it was resolved in a timely manner :)... I am just happy that I don't have to pay the atorney's invoice without having had any results :)


I'll bet the lawyer who advised them to settle cost a lot more than that.

« Reply #71 on: December 27, 2016, 01:20 »
0
copyrights are at the country level. there is no international copyright.

there are 2 major international laws concerning international copyrights, one is the Bern Convention and the other is WIPO.

if the country you are referring to is not a signatory to either of those treaties, then you have no rights, and you have to abide by THEIR laws (which may be non-existent), and the laws of the country you live in, including copyright protection, will mean nothing.

if they are a signatory to one of the 2 above treaties, you may have a case if you paid the filing fees to the international body, which you probably didn't.

so check those 2 treaties and that will tell you if you have a case or not. you always have to abide by the laws of the foreign country.

the US has a big media industry (magazines, Hollywood, TV). most countries don't, so they don't have or need copyright laws because they don't produce anything, and they consider everything to be free to use.

SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #72 on: December 29, 2016, 06:25 »
+4
copyrights are at the country level. there is no international copyright.

there are 2 major international laws concerning international copyrights, one is the Bern Convention and the other is WIPO.

if the country you are referring to is not a signatory to either of those treaties, then you have no rights, and you have to abide by THEIR laws (which may be non-existent), and the laws of the country you live in, including copyright protection, will mean nothing.

if they are a signatory to one of the 2 above treaties, you may have a case if you paid the filing fees to the international body, which you probably didn't.

so check those 2 treaties and that will tell you if you have a case or not. you always have to abide by the laws of the foreign country.

the US has a big media industry (magazines, Hollywood, TV). most countries don't, so they don't have or need copyright laws because they don't produce anything, and they consider everything to be free to use.

Doesn't really matter whether he has a case or not, they paid up... so happy days!


 

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