MicrostockGroup Sponsors


Author Topic: GetInTravel offering 123rf images for download  (Read 4259 times)

0 Members and 1 Guest are viewing this topic.

« on: February 06, 2013, 13:06 »
+3
I found two of my images on what appears to be a travel oriented web site, GetInTravel:


http://www.getintravel.com/san-antonio-texas-united-states/san-antonio-downtown-just-after-sunset-showing-skyline-around-tower-of-the-americas/

http://www.getintravel.com/san-antonio-texas-united-states/mission-san-jose-san-antonio-texas-united-states/

They are offering a 1600 x 1066 image for redistribution - encouraging in the text.

I contacted the site owner twice, asking for the images to be removed and they haven't been, so I sent a DMCA takedown notice to the hosting site. I recognized some other stock images on the site, so I thought it worth posting here in case others want to check.

I used this site's template for how to locate the site host and what to put in the e-mail

There was no metadata in the image (I downloaded to check) so I have no clue which web site this was licensed from originally
« Last Edit: February 08, 2013, 14:39 by jsnover »


« Reply #1 on: February 08, 2013, 11:16 »
+2
The hosting company responded promptly with a "we got your e-mail" reply and then this morning with a note that said their client purchased the images from123rf and was using them appropriately.

I replied back to the hosting company with details of the license and said that they could not offer the images for download as part of that license, pointing them at 123rf's license terms online. I also wrote to 123rf support with copies of the DMCA notice and correspondence asking them to contact the client to advise them that they can't do this.

There are other stock images on that site that I recognize, so 123rf needs to get on their case to stop this for all the uses, not just mine.

As an aside, when I looked over 123rf's license I didn't see anything about a maximum size for web display even though it contains prohibitions against downloading and redistribution. That seems like a major oversight (even if people break the rules, it's good to have the rules in place so you can point out that they've broken them if you do catch them at it!)

Microbius

« Reply #2 on: February 08, 2013, 11:23 »
+2
I like this notice:

http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html

I have been looking through the terms and can't spot restrictions on web size either. 123 really need to get that in there ASAP

« Reply #3 on: February 08, 2013, 11:56 »
0
I've added that link to my collection in my Copyright & IP bookmarks folder - thanks.

I'll post here if/when I get a response from 123rf

« Reply #4 on: February 08, 2013, 12:32 »
0
i think there is no license in any site that allow u to redistribute...


« Reply #5 on: February 08, 2013, 12:58 »
0
i think there is no license in any site that allow u to redistribute...

That's true, but without a limitation on what size you can display on a web page, and without a requirement to disable Save As Image in the browser, you don't have to explicitly offer distribution (although this web site does) in order for that to be the effect.

The larger of my two monitors is 2560 x 1440. If a web site wanted to offer full screen displays of unmodified stock images, that's a fast way to make the image available for anyone who wants it. Ethical companies won't do it either way, but the limitations on screen size in most of the agencies' licenses is to avoid effective redistribution when "displaying" the image on a site

« Reply #6 on: February 08, 2013, 14:22 »
0
Looks like a really crappy, spammy site that seems to be using hidden links on the images to get people to click through to Agoda.com - presumably they're part of the affiliate program there. Pretty sure this practice isn't allowed by Agoda's affiliate terms. You could also send a complaint to them.

Also don't forget these sites are trying to use google's image search to generate traffic - they're counting on google's search giving more weight to large image sizes. If you have a valid copyright complaint you can also send a notice to google to have your images delisted there - of course there is the problem with 123RF's license not placing any restrictions on web sized use. 

Probably worth noting that they are also using editorial images contrary to the 123RF license:
Quote
3. You may NOT (For Content marked as "Editorial Use Only"):

(a) Unless additional rights are stipulated in the Section 2, or granted pursuant to a separate license agreement, Content may not be used for any commercial, promotional, advertising or merchandising use.

So if you have any editorial images up there you probably have a more valid complaint that they can't use them for this.

« Reply #7 on: February 08, 2013, 14:38 »
0
Here's a link to the Agoda agreement, and the only thing I see that might provide a way to enlist their help in getting this content down is in the section on Indemnification

https://partners.agoda.com/en-us/agreement.html

Most of this is about how the affiliate won't try to cheat Agoda or mimic its web site, but in section 7.1 on Indemnification, there is this"

(the affiliate will hold Agoda harmless from) "(ii)   any claim from any third party based on any (alleged) infringement of the third party's Intellectual Property Right by the Affiliate. "

If I claim that GetInTravel is infringing my copyright by violating the 123rf license and make the claim against Agoda too, GetInTravel has to cover their costs.

I just want the large images down. It seems to me that GetInTravel is trying to make affiliate revenue by putting some very thin content around wallpaper size free redistribution of stock images.

Does anyone else see anything in the Agoda agreement that GetInTravel might be doing that it shouldn't?

« Reply #8 on: February 12, 2013, 10:43 »
+1
So it took a day or two longer than I'd have liked but my imgaes are gone from GetInTravel. I received e-mail from SingleHop this morning:

"Pursuant to your DMCA notice to SingleHop, the material identified in your notice has either been removed, or public access to it has been denied. Please get back to us in case you believe that the terms of your DMCA notice have not been fulfilled."

I wasn't sure if they'd still have the pages but change the text to remove the invitation to download a 1600x1066 file; the pages are gone.

I heard nothing back from 123rf support whatsoever - a little disappointing; perhaps they've done something behind the scenes? Given that another stock image is still on the offending site (and if they bought mine from 123rf I'm assuming they shopped there for all their images), I doubt it:

http://www.getintravel.com/san-antonio-texas-united-states/caucasian-family-having-dinner-together-at-tower-of-americas-restaurant-in-san-antonio-texas/

« Reply #9 on: February 13, 2013, 11:10 »
0
Later in the day I did get something from 123RF support. I don't think - from what they wrote - that they're planning to do anything about other people's images, so if you see anything of yours there you'll need to do your own DMCA notice.

"Thank you for informing us in regards to the stolen image.
Please note that we have checked the image on the website and it will take some times for them to totally remove from the website.
We really appreciate your concern and co-operation on the matter.

We do apologize for inconvenience caused.
Thank you & have a nice day ahead !"

palagarde

« Reply #10 on: February 14, 2013, 22:03 »
0
Thank you, I saw two of my image.
I had the same problem with this website http://www.bancodeimagenesgratis.com/ some days ago, I made a post for that.
The owner replies to me that he bought images at 123rf, so I told him that I can't use image like that with licence he bought. He apologized about this inconvenient and removed my photos.
I don't know what 123rf is doing and with the story of google image, their big thumbnail and small watermark... perhaps I will go away from 123rf if they don't change something.


 

Related Topics

  Subject / Started by Replies Last post
3 Replies
5929 Views
Last post July 11, 2007, 06:45
by fintastique
27 Replies
13679 Views
Last post August 07, 2014, 08:31
by Cricket
7 Replies
3479 Views
Last post May 01, 2012, 04:23
by AllYouCanStock
14 Replies
3009 Views
Last post January 08, 2013, 06:22
by Dark_Angel
2 Replies
4796 Views
Last post April 03, 2018, 12:11
by obj owl

Sponsors

Mega Bundle of 5,900+ Professional Lightroom Presets

Microstock Poll Results

Sponsors

3100 Posing Cards Bundle