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Microstock Photography Forum - General => Image Sleuth => Topic started by: stvagna on January 13, 2015, 15:25

Title: Infringement of iStock exclusivity
Post by: stvagna on January 13, 2015, 15:25
iStock exclusive account selling images elsewhere under different accounts.

iStock exclusive © "frender": http://www.istockphoto.com/photo/computer-key-feedback-47922796 (http://www.istockphoto.com/photo/computer-key-feedback-47922796)
Shutterstock © "mstanley": http://www.shutterstock.com/pic-167677004/stock-photo-feedback-computer-key.html (http://www.shutterstock.com/pic-167677004/stock-photo-feedback-computer-key.html)
Title: Re: Infringement of iStock exclusivity
Post by: Sean Locke Photography on January 13, 2015, 15:43
Everything in there is duplicated.  Maybe he doesn't understand the meaning of the word?
Title: Re: Infringement of iStock exclusivity
Post by: stvagna on January 13, 2015, 16:20
Everything in there is duplicated.  Maybe he doesn't understand the meaning of the word?
Just so:
iStock exclusive © "frender": http://www.istockphoto.com/photo/free-shipping-tag-19077992 (http://www.istockphoto.com/photo/free-shipping-tag-19077992)
Shutterstock © "mstanley": http://www.shutterstock.com/pic-161862611/stock-photo-free-shipping-price-tag-on-white-background.html (http://www.shutterstock.com/pic-161862611/stock-photo-free-shipping-price-tag-on-white-background.html)

iStock exclusive © "frender": http://www.istockphoto.com/photo/free-shipping-19085822 (http://www.istockphoto.com/photo/free-shipping-19085822)
Shutterstock © "mstanley": http://www.shutterstock.com/pic-234679543/stock-photo-free-shipping-cardboard-box.html (http://www.shutterstock.com/pic-234679543/stock-photo-free-shipping-cardboard-box.html)
Title: Re: Infringement of iStock exclusivity
Post by: KB on January 13, 2015, 19:32
Everything in there is duplicated.  Maybe he doesn't understand the meaning of the word?
I don't see the problem. 'Exclusive' means he has the exclusive right to upload his files wherever he wishes, right?  ::)

Based on the SS file numbers, this isn't someone who is in the midst of dropping exclusivity -- at least some of those files have been up there quite a while.

I suspect, however, that frender won't be an exclusive contributor much longer.  ;D
Title: Re: Infringement of iStock exclusivity
Post by: ShadySue on January 13, 2015, 20:42
.
Title: Re: Infringement of iStock exclusivity
Post by: Uncle Pete on January 13, 2015, 21:20
Makes you wonder how many are playing this game for percentages?

IS Member since: November 2010
SS Member since 2011

Just a little honest mistake in the translation.  ::)
Title: Re: Infringement of iStock exclusivity
Post by: stvagna on January 14, 2015, 02:12
Istock's Exclusive © "frender": http://www.istockphoto.com/photo/tm-symbol-26816739 (http://www.istockphoto.com/photo/tm-symbol-26816739)
Shutterstock © "mstanley": http://www.shutterstock.com/pic-159334409/stock-photo-tm-trade-mark-symbol.html (http://www.shutterstock.com/pic-159334409/stock-photo-tm-trade-mark-symbol.html)
Fotolia © "mstanley13": http://en.fotolia.com/id/64291379 (http://en.fotolia.com/id/64291379)

Istock's Exclusive © "frender": http://www.istockphoto.com/photo/copyright-26816826 (http://www.istockphoto.com/photo/copyright-26816826)
Shutterstock © "mstanley": http://www.shutterstock.com/pic-159344906/stock-photo-copyright-mark.html (http://www.shutterstock.com/pic-159344906/stock-photo-copyright-mark.html)
Fotolia © "mstanley13": http://en.fotolia.com/id/64286413 (http://en.fotolia.com/id/64286413)
Title: Re: Infringement of iStock exclusivity
Post by: Karen on January 14, 2015, 06:05
He said that December was his WORST MONTH OF ALL TIME on iStock.  ::)
http://www.istockphoto.com/forum_messages.php?threadid=364739&messageid=7072057 (http://www.istockphoto.com/forum_messages.php?threadid=364739&messageid=7072057)
Title: Re: Infringement of iStock exclusivity
Post by: Sean Locke Photography on January 14, 2015, 06:27
He said that December was his WORST MONTH OF ALL TIME on iStock.  ::)
[url]http://www.istockphoto.com/forum_messages.php?threadid=364739&messageid=7072057[/url] ([url]http://www.istockphoto.com/forum_messages.php?threadid=364739&messageid=7072057[/url])


Someone should let KJ or support know.  This is quite egregious.
Title: Re: Infringement of iStock exclusivity
Post by: MichaelJayFoto on January 14, 2015, 08:12
Istock's Exclusive © "frender": [url]http://www.istockphoto.com/photo/tm-symbol-26816739[/url] ([url]http://www.istockphoto.com/photo/tm-symbol-26816739[/url])
Shutterstock © "mstanley": [url]http://www.shutterstock.com/pic-159334409/stock-photo-tm-trade-mark-symbol.html[/url] ([url]http://www.shutterstock.com/pic-159334409/stock-photo-tm-trade-mark-symbol.html[/url])
Fotolia © "mstanley13": [url]http://en.fotolia.com/id/64291379[/url] ([url]http://en.fotolia.com/id/64291379[/url])

Istock's Exclusive © "frender": [url]http://www.istockphoto.com/photo/copyright-26816826[/url] ([url]http://www.istockphoto.com/photo/copyright-26816826[/url])
Shutterstock © "mstanley": [url]http://www.shutterstock.com/pic-159344906/stock-photo-copyright-mark.html[/url] ([url]http://www.shutterstock.com/pic-159344906/stock-photo-copyright-mark.html[/url])
Fotolia © "mstanley13": [url]http://en.fotolia.com/id/64286413[/url] ([url]http://en.fotolia.com/id/64286413[/url])


All the images (also the others ones) are not identical. It's the very same motive but it's a different image - see the shadows below the circle, in the other images the other keys on the keyboard have a different name, the fringe on the price tag is different.

Also, "mstanley" has different (and more) images than frender.

If you ask me, I'd rather assume that "mstanley" is a copycat.
Title: Re: Infringement of iStock exclusivity
Post by: Sean Locke Photography on January 14, 2015, 08:19
You may be right.  On closer inspection, there are ever so slight differences in all of them.  Or more obvious ones.

http://www.shutterstock.com/pic-176811998/stock-photo-approved-stamp.html?src=WKBXwufPILqudHetbaTsTg-1-36&ws=0 (http://www.shutterstock.com/pic-176811998/stock-photo-approved-stamp.html?src=WKBXwufPILqudHetbaTsTg-1-36&ws=0)
http://www.istockphoto.com/photo/approved-stamp-19186962?st=12b763d (http://www.istockphoto.com/photo/approved-stamp-19186962?st=12b763d)
Title: Re: Infringement of iStock exclusivity
Post by: Shelma1 on January 14, 2015, 08:40
They're both from Turkey. My guess is same person, making slight changes to his own images.
Title: Re: Infringement of iStock exclusivity
Post by: stvagna on January 14, 2015, 08:45
Copycat uploads the copies before the originals?
Copycat that can predict the future?
"original" uploaded on 09-23-14 to Istock as Exclusive © "frender": http://www.istockphoto.com/photo/global-shipping-48206804 (http://www.istockphoto.com/photo/global-shipping-48206804)
"copycat" uploaded much earlier to Fotolia © "mstanley13": http://en.fotolia.com/id/64234894 (http://en.fotolia.com/id/64234894)
Title: Re: Infringement of iStock exclusivity
Post by: MichaelJayFoto on January 14, 2015, 09:04
Copycat uploads the copies before the originals?
Copycat that can predict the future?
"original" uploaded on 09-23-14 to Istock as Exclusive © "frender": [url]http://www.istockphoto.com/photo/global-shipping-48206804[/url] ([url]http://www.istockphoto.com/photo/global-shipping-48206804[/url])
"copycat" uploaded much earlier to Fotolia © "mstanley13": [url]http://en.fotolia.com/id/64234894[/url] ([url]http://en.fotolia.com/id/64234894[/url])


Okay, that is correct. Then again, there is another image with the same model: http://www.istockphoto.com/photo/global-shipping-38078930?st=86288d1 (http://www.istockphoto.com/photo/global-shipping-38078930?st=86288d1) - uploaded in April 2014 which is about the same time as the Fotolia image.

Interesting... so it could be two people co-operating by exchanging their render models, make adaptations and upload them to different accounts. Anyways, it's not a simple "exclusive at iStock, same images elsewhere" thing. As far as I can see it is quite common in the 3D world to exchange models and adapt them. Almost any of them is using those white (or orange) men, right? So... who knows, it might actually be legal to do that...
Title: Re: Infringement of iStock exclusivity
Post by: stvagna on January 14, 2015, 09:46
As iStock exclusive artist "frender" is getting much higher royalty rates,
better search placement, distribution throw Getty website etc.
Making exclusive content available elsewhere is a breach of Artist Exclusivity.

ISTOCKPHOTO ARTIST'S SUPPLY AGREEMENT (EXCLUSIVE):
http://www.istockphoto.com/asa_exclusive.php (http://www.istockphoto.com/asa_exclusive.php)
The Supplier hereby appoints iStockphoto as Supplier's exclusive distributor to sell, license or sublicense Exclusive Content.
Provision of Exclusive Content - "Exclusive Content" , as applicable to Supplier, means
all Royalty Free stock photo content created by the supplier.
By uploading Exclusive Content, exclusive supplier is warranting that he is not making any of the Exclusive Content available to or through any other distributor, website or other marketing, distribution, sale or licensing venue of any kind not specifically permitted herein.
Title: Re: Infringement of iStock exclusivity
Post by: MxR on January 14, 2015, 10:45
you are very boring people.

Istock remains between 85% and 55% of photographers money.

  This large percentage is to pay INSPECTORS to control exclusivity among other things besides eating oysters and light cigars with money.

Do not be so foolish as to make them work for free. Those photos are cliché millions across the image banks.

Title: Re: Infringement of iStock exclusivity
Post by: Lee Torrens on January 14, 2015, 12:26
This sort of thing happens a lot more than you think.  A company I work with counts among its contributors exclusive contributors from various agencies, mostly DT.
Title: Re: Infringement of iStock exclusivity
Post by: dingles on January 14, 2015, 13:33
you are very boring people.

Istock remains between 85% and 55% of photographers money.

  This large percentage is to pay INSPECTORS to control exclusivity among other things besides eating oysters and light cigars with money.

Do not be so foolish as to make them work for free. Those photos are cliché millions across the image banks.

Although I don't think the folks here are boring, I have to agree that agencies need to earn their huge commissions by doing their part...again another time they are not living up to their end.
Title: Re: Infringement of iStock exclusivity
Post by: suemack on January 14, 2015, 14:06
None of those images appear to be available on iStock at present -  got 'page doesn't exist' message
Title: Re: Infringement of iStock exclusivity
Post by: No Free Lunch on January 14, 2015, 14:17
you are very boring people.

Istock remains between 85% and 55% of photographers money.

  This large percentage is to pay INSPECTORS to control exclusivity among other things besides eating oysters and light cigars with money.

Do not be so foolish as to make them work for free. Those photos are cliché millions across the image banks.

We surely are not boring! Maybe a little curt at times by telling the truth even if it hurts.   As for inspectors making big money- NOT! Personally, I have a few as friends and they make from $30,000 to $45,000 year and review 2,000 images a day to include long hours and weekends.  They probably could make more working at Wal-mart with those 60 plus hours per week.

Title: Re: Infringement of iStock exclusivity
Post by: PixelBytes on January 14, 2015, 17:34
NFL is right.  If there is a more tedious underpaid job than image inspecting I can't imagine what it is.
Title: Re: Infringement of iStock exclusivity
Post by: cuppacoffee on January 14, 2015, 17:46
...being paid pennies as a keymaster.
Title: Re: Infringement of iStock exclusivity
Post by: heywoody on January 14, 2015, 17:59
Why does anyone care if someone is taking IS for a ride?  I don't condone it and sure there will be a reckoning at some point but not gonna waste any sympathy on either party.
Title: Re: Infringement of iStock exclusivity
Post by: KB on January 14, 2015, 18:59
there will be a reckoning at some point but not gonna waste any sympathy on either party.

www.istockphoto.com/profile/frender (http://www.istockphoto.com/profile/frender) no longer exists, so I'd say the reckoning has occurred.
Title: Re: Infringement of iStock exclusivity
Post by: dingles on January 14, 2015, 20:13
NFL is right.  If there is a more tedious underpaid job than image inspecting I can't imagine what it is.

Umm...they seem to fair better than a micro stock contributor...
Title: Re: Infringement of iStock exclusivity
Post by: PeterChigmaroff on January 14, 2015, 20:45
Why does anyone care if someone is taking IS for a ride?  I don't condone it and sure there will be a reckoning at some point but not gonna waste any sympathy on either party.
This is what I was thinking.
Title: Re: Infringement of iStock exclusivity
Post by: PixelBytes on January 15, 2015, 00:14
NFL is right.  If there is a more tedious underpaid job than image inspecting I can't imagine what it is.

Umm...they seem to fair better than a micro stock contributor...

Maybe better than some.  Going by the yearly poll there are a number of microstockers making much more than that and putting in less time.
Title: Re: Infringement of iStock exclusivity
Post by: PixelBytes on January 15, 2015, 00:18
Why does anyone care if someone is taking IS for a ride?  I don't condone it and sure there will be a reckoning at some point but not gonna waste any sympathy on either party.
This is what I was thinking.

I care.  If I would have played that same game I would have made hundreds of thousands of $ more than I have. 

This guy gets more money and better search positions than indies but still gets royalties on on the other micros also?  You don't think that screws the contributors who play by the rules?
Title: Re: Infringement of iStock exclusivity
Post by: Jo Ann Snover on January 15, 2015, 00:33
Why does anyone care if someone is taking IS for a ride?  I don't condone it and sure there will be a reckoning at some point but not gonna waste any sympathy on either party.

It's less about any harm done to iStock than it is harm done to all of us if the marketplace looks - to buyers, who are the ones making this all possible - like a sleazy back alley where you never know what you're getting or who you can trust. Ideally (and I realize we're not there), it should be a fair, honest and well regulated marketplace where buyers get a reasonable deal and know what they're paying for.

The harm to the buyer in this scenario, if they buy from iStock, is that they've paid a premium price for something that should have been main collection (not cheap, but not premium). A low level ripoff.

iStock tool the first image reported down within a few hours, so they were responsive once told.
Title: Re: Infringement of iStock exclusivity
Post by: Sebastian Radu on January 16, 2015, 02:42
Guess what?
The images on iStock disappeared.
I hope that was helpful this discussion  but I fear that this images will appear on other such accounts ...
Title: Re: Infringement of iStock exclusivity
Post by: ShadySue on January 16, 2015, 06:20
Guess what?
The images on iStock disappeared.
I hope that was helpful this discussion  but I fear that this images will appear on other such accounts ...
Now that s/he's indie, they can place their files wherever they want.
Title: Re: Infringement of iStock exclusivity
Post by: Difydave on January 16, 2015, 06:42
Guess what?
The images on iStock disappeared.
I hope that was helpful this discussion  but I fear that this images will appear on other such accounts ...
Now that s/he's indie, they can place their files wherever they want.
Seems that they didn't have any trouble with that earlier! :)
They were taking the whatsit IMHO. That's not just misunderstanding the rules or making an honest mistake.
Title: Re: Infringement of iStock exclusivity
Post by: fotoVoyager on January 16, 2015, 07:48
I hope stvagna never comes across yuri or any of his buddies or she's going to have a stroke.
Title: Re: Infringement of iStock exclusivity
Post by: Mantis on January 16, 2015, 08:35
Guess what?
The images on iStock disappeared.
I hope that was helpful this discussion  but I fear that this images will appear on other such accounts ...
Now that s/he's indie, they can place their files wherever they want.

That's funny.
Title: Re: Infringement of iStock exclusivity
Post by: heywoody on January 16, 2015, 15:24
Why does anyone care if someone is taking IS for a ride?  I don't condone it and sure there will be a reckoning at some point but not gonna waste any sympathy on either party.

It's less about any harm done to iStock than it is harm done to all of us if the marketplace looks - to buyers, who are the ones making this all possible - like a sleazy back alley where you never know what you're getting or who you can trust. Ideally (and I realize we're not there), it should be a fair, honest and well regulated marketplace where buyers get a reasonable deal and know what they're paying for.

The harm to the buyer in this scenario, if they buy from iStock, is that they've paid a premium price for something that should have been main collection (not cheap, but not premium). A low level ripoff.

iStock tool the first image reported down within a few hours, so they were responsive once told.


errr...  no sympathy for such buyers either.  Anyone dumb enough to pay a premium for a product of no better quality than is available elsewhere for a fraction of the price because of a perception of a "label" deserves to be screwed.
Title: Re: Infringement of iStock exclusivity
Post by: Kamran on January 17, 2015, 11:51
His 2700+ images from shutterStock are also gone.
http://www.shutterstock.com/gallery-802069p1.html (http://www.shutterstock.com/gallery-802069p1.html)
Title: Re: Infringement of iStock exclusivity
Post by: john_woodcock on January 27, 2015, 12:54
He's back now.
http://www.istockphoto.com/profile/frender?id=6894980 (http://www.istockphoto.com/profile/frender?id=6894980)
Title: Re: Infringement of iStock exclusivity
Post by: shudderstok on January 27, 2015, 13:52
Why does anyone care if someone is taking IS for a ride?  I don't condone it and sure there will be a reckoning at some point but not gonna waste any sympathy on either party.


It's less about any harm done to iStock than it is harm done to all of us if the marketplace looks - to buyers, who are the ones making this all possible - like a sleazy back alley where you never know what you're getting or who you can trust. Ideally (and I realize we're not there), it should be a fair, honest and well regulated marketplace where buyers get a reasonable deal and know what they're paying for.

The harm to the buyer in this scenario, if they buy from iStock, is that they've paid a premium price for something that should have been main collection (not cheap, but not premium). A low level ripoff.

iStock tool the first image reported down within a few hours, so they were responsive once told.



errr...  no sympathy for such buyers either.  Anyone dumb enough to pay a premium for a product of no better quality than is available elsewhere for a fraction of the price because of a perception of a "label" deserves to be screwed.


your lack of sympathy for buyers and to be so blunt as to call them "dumb" when it is people like you who willfully supply sites of "perception of label" so they can "deserve" to be screwed all the while you knowingly supply the cheap sites too makes you look rather lacking in character. think before you speak please, you kind of contradict yourself and make yourself look like an ignoramus, completely unethical, and unprofessional. you should pull your images from that "perception" site. Thanks for screwing the buyers, they deserved it.

http://www.istockphoto.com/profile/heywoody (http://www.istockphoto.com/profile/heywoody)
http://www.shutterstock.com/gallery-485545p1.html&rid=102 (http://www.shutterstock.com/gallery-485545p1.html&rid=102)
Title: Re: Infringement of iStock exclusivity
Post by: ShadySue on January 27, 2015, 15:50
So presumably the SS port was a rip-off?
I know we'll never be told, but if so, I wonder if SS compensated the author for any sales of the ripped off files.
Title: Re: Infringement of iStock exclusivity
Post by: Uncle Pete on January 29, 2015, 12:16
And on FT also? I'm still kind of suspicious and hope the individual can somehow pass on the facts behind what happened, and end this.

So presumably the SS port was a rip-off?
I know we'll never be told, but if so, I wonder if SS compensated the author for any sales of the ripped off files.