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Author Topic: Bad guys on Fine Art America and Redbubble selling bad copy of my work  (Read 5008 times)

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dtr

« on: November 10, 2013, 18:50 »
0
Hi,

I found a pretty poor copy of my key image on Fine Art America and Redbubble being marketed (and I presume sold) as canvas and postcards - clearly stolen by two unscrupulous individuals.

What is the best course of action to take with mind of getting at least some compensation at least for illegal sales and a ban for the bad guys? I sell it as RM at full Getty prices myself so I am pretty annoyed.

Ps. I am based in UK if that makes any positive or negative difference.

Thanks
« Last Edit: November 10, 2013, 18:54 by dtr »


« Reply #1 on: November 10, 2013, 19:22 »
0
First of all, you should contact the admins of the two sites.

Then, you can ask them if the images were ever sold. If there was no sales, taking the images down should be sufficient. If there are sales, you can explore more options.

From your message, I am not sure if you meant that the "bad guys" were copying your ideas or stealing your image. Copyright law does not often protect ideas.

dtr

« Reply #2 on: November 10, 2013, 19:27 »
0
The copied a low res image and added a couple nasty filters on top to make it more like a very saturated painting. But it is still very clearly my photo.


I am also a little concerned they are devaluing my work. You know, it is one of those special images bringing in >30% sales.

« Reply #3 on: November 10, 2013, 19:44 »
0
Even if the images are filtered or altered, they are still protected by copyright law. Did you contact the site admins?

For FAA, you can see if there were sales, because most people would congratulate the seller, unless the image was sold as a greeting card.

dtr

« Reply #4 on: November 10, 2013, 19:57 »
0
Even if the images are filtered or altered, they are still protected by copyright law. Did you contact the site admins?

For FAA, you can see if there were sales, because most people would congratulate the seller, unless the image was sold as a greeting card.


He has a couple comments on there... not a good sign then?


I am going to contact admins tomorrow. What is the best way to do it to make sure they respond fully rather than deleting photo and ignoring me or fobbing off?


Namely I've had not so great experience dealing with local B&B owners and one international hotel booking site. I don't know if this may be similar.

« Reply #5 on: November 10, 2013, 20:03 »
0
http://fineartamerica.com/contactus.html?tab=contactus

that is the only way I guess, will you have an answer after? I haven't but wish you luck!

« Reply #6 on: November 10, 2013, 21:01 »
+1
Even if the images are filtered or altered, they are still protected by copyright law. Did you contact the site admins?

For FAA, you can see if there were sales, because most people would congratulate the seller, unless the image was sold as a greeting card.


He has a couple comments on there... not a good sign then?


I am going to contact admins tomorrow. What is the best way to do it to make sure they respond fully rather than deleting photo and ignoring me or fobbing off?


Namely I've had not so great experience dealing with local B&B owners and one international hotel booking site. I don't know if this may be similar.

Take a screen shot first.

mlwinphoto

« Reply #7 on: November 10, 2013, 21:30 »
0
I would also let Getty know....they don't take kindly to images they have on file being ripped off.

dtr

« Reply #8 on: November 10, 2013, 21:39 »
0
I would also let Getty know....they don't take kindly to images they have on file being ripped off.


Getty do not and will never have that file. Ever. I just like their pricing structure  :)

« Reply #9 on: November 11, 2013, 22:50 »
0
actually i wish it is easy to get a lawyer to sue people..

dtr

« Reply #10 on: November 21, 2013, 04:45 »
+2
At the end of the day I got the shots removed and nothing else. The individuals are still free to continue selling blatanly obvious illegal work. Redbubble response was just shocking.


I even tried to notify other people and agencies about their work being used. Well the agencies don't care and talk like they fell from the moon - "Can you provide us what license X has go with us?" "If they didn't license the photo we can't do anything about them" Fair enough - just steal and you're OK. If you buy you may actually get in trouble if you take a little step too far.


So yeah - pretty disappointed really. I wish I was a US based lawyer myself

Ron

« Reply #11 on: November 21, 2013, 05:13 »
0
Its the downfall of Royalty free

« Reply #12 on: November 21, 2013, 06:47 »
0
please tell us the guys doing this

ShadySue

« Reply #13 on: November 21, 2013, 06:57 »
+1
Its the downfall of Royalty free
... and particularly the micro model, where they really don't have the money to chase abusers, unless the abuser is likely to get them into legal problems, and even then with reluctance.

« Reply #14 on: November 21, 2013, 07:05 »
0
this cannot happen and if Fotolia's EL license really allows this I guess I will open a nice FAA store, oh yes I will!

(http://www.fotolia.com/forum/viewtopic.php?id=43908)

ShadySue

« Reply #15 on: November 21, 2013, 07:17 »
+2
this cannot happen and if Fotolia's EL license really allows this I guess I will open a nice FAA store, oh yes I will!

(http://www.fotolia.com/forum/viewtopic.php?id=43908)


^^ I can't see that page (I'm not a member there), but you gave me a fright; so I checked on iS, because I their EL allows 'items for resale', but this would be forbidden:
Prohibited uses for both Standard and Extended license
Online "print-on-demand" products
(Just as a PoI)

« Reply #16 on: November 21, 2013, 07:22 »
0
I guess that FT (EL license) is the only one that allows this stuff

« Reply #17 on: November 22, 2013, 01:27 »
+1
From Fotolia's website (http://us.fotolia.com/Info/Contributors/LicensesAndExclusivity) - you don't need to login to see this

" Fotolias standard license allows unlimited print runs and never expire for:

    Websites, blogs, newsletters, web banners and illustrations
    Press articles and magazine illustrations
    Print advertising (magazines, urban displays), commercial documents, packaging
    Slide shows and videos for presentation and broadcast
    Dcor design elements, including framed images for personal use"

(emphasis mine)

I haven't read the full license, but this does not say that it has to be for your own personal use.

So, no, it appears you don't need an EL to take just about anything off Fotolia and sell prints on FAA or redbubble or etsy or ...
« Last Edit: November 22, 2013, 01:31 by LesHoward »

« Reply #18 on: November 22, 2013, 04:30 »
0
From Fotolia's website (http://us.fotolia.com/Info/Contributors/LicensesAndExclusivity) - you don't need to login to see this

" Fotolias standard license allows unlimited print runs and never expire for:

    Websites, blogs, newsletters, web banners and illustrations
    Press articles and magazine illustrations
    Print advertising (magazines, urban displays), commercial documents, packaging
    Slide shows and videos for presentation and broadcast
    Dcor design elements, including framed images for personal use"

(emphasis mine)

I haven't read the full license, but this does not say that it has to be for your own personal use.

So, no, it appears you don't need an EL to take just about anything off Fotolia and sell prints on FAA or redbubble or etsy or ...


that isn't correct, you can print for your own (personal) but not for commercial/resale, the EL allow that, selling our work on POD sites :-\


 

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