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Author Topic: Stock photos used in 50 milion dollar budget movie!  (Read 13471 times)

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« on: October 07, 2008, 05:05 »
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It has come to my attention that the movie "Mirrors" has displayed one of my images, along with another stockphoto!
I watched the movie myself yesterday and it's true, no doubt about it!
My image is on IS, SS, StockXpert and DT as an illustration, but I have also a low resolution photo on Stock.XCHNG. I think they used the one on SXC!
That would mean that I  didn't receive any money at all. And they should had ask me permission and giving me credit, which they didn't!

This is my image:


And this one is from Leah-Anne Thompson:




PaulieWalnuts

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« Reply #1 on: October 07, 2008, 05:38 »
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You have an image on both micros and a free site and you sound surprised that they used the free one (?)

Iriz

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« Reply #2 on: October 07, 2008, 06:22 »
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You have an image on both micros and a free site and you sound surprised that they used the free one (?)

LOL!!

« Reply #3 on: October 07, 2008, 06:23 »
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You have an image on both micros and a free site and you sound surprised that they used the free one (?)
Yes I am suprised that they have a budget from 50 million and are so greedy that they didn't pay me one single cent! 
What so funny about that?  >:(
« Last Edit: October 07, 2008, 06:25 by Gregor909 »

« Reply #4 on: October 07, 2008, 06:28 »
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You have an image on both micros and a free site and you sound surprised that they used the free one (?)
Yes I am suprised that they have a budget from 50 million and are so greedy that they didn't pay me one single cent!
What so funny about that?  >:(
Good lesson of life, maybe you should pay them for this ;D

« Reply #5 on: October 07, 2008, 06:40 »
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Thanks for the helpfull answers!

« Reply #6 on: October 07, 2008, 07:09 »
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Not sure I understand why you put an image that you have for sale also on a free site?

I appreciate people often give away images, but not usually the ones that they make money from.

Regarding the film company using your free image - As long as they used it within the license agreement, I don't think there's a lot you can do about it.

I'd be over the moon if I saw one of my images in a movie!! (I'd be out celebrating rather than getting annoyed)  ;D

PaulieWalnuts

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« Reply #7 on: October 07, 2008, 07:52 »
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You have an image on both micros and a free site and you sound surprised that they used the free one (?)
Yes I am suprised that they have a budget from 50 million and are so greedy that they didn't pay me one single cent! 
What so funny about that?  >:(
I didn't say it was funny. I'm just slightly confused by your thinking. Even if I was rich, if I knew there were two stores - one carried products that cost something and the other carried the same products for free, why would I go to the store where I had to pay?

« Reply #8 on: October 07, 2008, 08:02 »
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Probably the found it at StockXpert. Thah means that the would had seen it as well is the image wasn't a stockchg and you would have been paid for it, maybe an EL.

A friend of mine used to have photos at free sites. She deleted all them because most of the time, although asked to do it, designers didn't include her credit. One of those, in a local (from her place) real estate agency leaflet. This REA had got more than 12.000 dollar from her one year before, when she sold her house.

And there's nothing that can be done, if you offe your work forfree you must'n be surpised to not to be paid.
« Last Edit: October 07, 2008, 08:06 by loop »

« Reply #9 on: October 07, 2008, 08:03 »
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wow we are still having these conversations.  

you put it on a free site, which means they could download it for free and use it - in the end, thats what they did.  its your fault for putting it there, suck it up and next time don't give away stuff for free and not expect people to take it.


« Reply #10 on: October 07, 2008, 08:20 »
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What is it with you people? You really think I got no rights because I put it on a free site? There are more restrictions on SXC than on all the commercial sites!
Look what is written right under the image:
Quote
Standard restrictions apply and Gregor909 must be notified and credited when using the photo for any public work.
That would mean that they should have asked me for permission, and that I would not have give them permission without a proper payment. And if I would have give my permission, they also had to give me credit, which they didn't either!

« Reply #11 on: October 07, 2008, 08:24 »
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Oh and besides, I never received an EL on that image anywhere!

« Reply #12 on: October 07, 2008, 08:32 »
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What is it with you people? You really think I got no rights because I put it on a free site? There are more restrictions on SXC than on all the commercial sites!
Look what is written right under the image:
Quote
Standard restrictions apply and Gregor909 must be notified and credited when using the photo for any public work.
That would mean that they should have asked me for permission, and that I would not have give them permission without a proper payment. And if I would have give my permission, they also had to give me credit, which they didn't either!

In real life that is legally weak, and almost impossible to enforce.

« Reply #13 on: October 07, 2008, 08:53 »
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What is it with you people? You really think I got no rights because I put it on a free site? There are more restrictions on SXC than on all the commercial sites!
Look what is written right under the image:
Quote
Standard restrictions apply and Gregor909 must be notified and credited when using the photo for any public work.
That would mean that they should have asked me for permission, and that I would not have give them permission without a proper payment. And if I would have give my permission, they also had to give me credit, which they didn't either!


Maybe you should consult with a lawyer.
While it would seem that posting on a free site is just asking to have your work stolen, it is possible that someone who is better schooled in law than us can give you better advise.

« Reply #14 on: October 07, 2008, 10:07 »
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What is it with you people? You really think I got no rights because I put it on a free site? There are more restrictions on SXC than on all the commercial sites!
Look what is written right under the image:
Quote
Standard restrictions apply and Gregor909 must be notified and credited when using the photo for any public work.
That would mean that they should have asked me for permission, and that I would not have give them permission without a proper payment. And if I would have give my permission, they also had to give me credit, which they didn't either!


Maybe you should consult with a lawyer.
While it would seem that posting on a free site is just asking to have your work stolen, it is possible that someone who is better schooled in law than us can give you better advise.


You probably also need to determine whether it was downloaded from a normal stock site or from whatever that free site is.

Whether you have any legal rights probably depends on what country you live in and what country any violation occurred in. Whether you can enforce those rights depends on other factors entirely of course. If you have anyone you can get advice from, you could always get them to help you put together a letter of demand.

« Reply #15 on: October 07, 2008, 12:10 »
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Turn it around in your favor.  When the movie comes out on DVD, watch it online and take a screen capture.  You can then use it in your marketing materials, which in the long run will put more money in your pocket than one measly micro sale.  When I send clients, models and potential photog referrals to my website, they are impressed to see the long list of well-known authors, magazines and websites that have used my work.  It helps seal the deal....which means more money in my pocket later on down the road.     

« Reply #16 on: October 07, 2008, 14:42 »
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50 million dollar budget... Probably went over that by a good bit...
Actors, extras, writers, directors, script consultants, gaffers, film crew, location travel, makeup, film, assistants, transportation, trailers, accomodations, food, permits, licenses, props, and donuts for the crew...

I'd say, if you want to be paid for all of your images, then only list them with agencies/representatives that pay you when they are used.

Just add it to your tearsheet and keep on goin'.


« Reply #17 on: October 07, 2008, 15:06 »
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I agree with Karamala, but I would go further. If I lived in a smaller place I would be off to the local paper to get them to do a story on how a local photographer had his work featured in Hollywood.

Would put it in my resume. Would have the DVD on my website. Build it up.

graficallyminded

« Reply #18 on: October 07, 2008, 15:38 »
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IF they did in fact use the free one on sxc.hu (the site that used to be a favorite of mine, back when I was doing more graphic design work)  then they by all means should have credited or notified you, if you had that set.  That's messed up.

I used to skip over those images, and just use the ones that said "standard restrictions apply" just to avoid all of the hassle. 

« Reply #19 on: October 07, 2008, 22:08 »
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I'm no lawyer but I couldn't imagine you getting much out of them, as you offer it for free, damages would be neglible best I think you might get is 'sorry we made a mistake'???

ask them for a free copy of the movie?

« Reply #20 on: October 08, 2008, 16:25 »
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Gregor,

This is one of my problems with microstock, or rather with RF.  Unless you are exclusive to a site, you have nobody to defend you. You can contact the movie company - a lawyer doing that would be more impacting - as ask were they got the image from. 

Anyway, you should check with the sites whether this is an allowed us or not.  How was the image shown in the movie?  A photo on the wall?  An image in the opening screens?  I believe (not sure) that, unless the image is prominent in the movie, its use with a standard license may be ok. Remember that book covers are allowed without an EL.

Regards,
Adelaide

« Reply #21 on: October 08, 2008, 17:20 »
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One thing I have learned about life is you can be - by your own choice - a victim or an aggressor. Regardless of the situation I always prefer to take the aggressor role.

For instance, I was one of 9 orphaned kids. Some in my family still are bitter and twisted. I prefer the option that I had experienced before my teens life as most people would never understand if they lived to be 200.

In this instance, I would see this image use as a benefit. I would be PROMOTING the fact that I am such a good photographer, Hollywood have chosen ME over most of the professionals. I notice Gregor has some great graphics. I could almost build a business on the use of this one single image in a film.

« Reply #22 on: October 08, 2008, 17:51 »
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Thanks for your input and compliments!

Our images are actually not only background decor.
They also play some sort of role in a way.
After Kiefer Sutherland finally convinced his exwife that the mirrors are evil, they start to paint over everything in the house that has reflections, including our images! Then later the little boy has removed the paint from our images, and again they are visible.

[images deleted]
« Last Edit: October 10, 2008, 04:48 by Gregor909 »

« Reply #23 on: October 08, 2008, 18:37 »
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Gregor,

I really don't know if this usage is illegal. Although the paintings "play a role" in the movie, the images themselves don't matter.

I wonder if the movie production purchased the posters ready.  This could be something to consider - someone selling printed copies of your image.  THAT would be really a license transgression.

Regards,
Adelaide

« Reply #24 on: October 09, 2008, 06:40 »
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looks more likely that they just bought the frame somewhere and hang it up. I don't see why they would bother to download a photo, print it and frame it when it plays such a small part in the movie???


 

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