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Author Topic: My image on DeviantArt. Is this OK?  (Read 13808 times)

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« Reply #50 on: December 09, 2009, 15:42 »
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Ivan was indeed very generous and comprehensive.  Unfortunately a lot of people do not understand the license terms - or don't take the time to read them before buying. 

I also think the wording "royalty free" is often misunderstood.  FT site in Portuguese even translates it as "free of rights".  A lot of people search for "free photos" and end in "royalty free photos" results.  Of course, this doesn't apply in this case, as she purchase an image, she only didn't read or didn't bother to follow the license terms.  I've read people in Zazzle forum saying that EL prices are too high, so I'm sure many use images pucharsed with standard licenses only.


« Reply #51 on: December 09, 2009, 16:00 »
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The reality of those sites (and I'm a RedBubble member) is that very few artists make any significant money. How often have I seen someone post 'Thanks to whoever bought a card (or a Tee)'? A dollar or two. Occasionally. There's no way these people would (or could) pay $100s for ELs. Of course they shouldn't be trying to sell their composites without an EL but most people here can understand the thrill of an occasional sale, even if it is a pittance.

There are some artists who are successful on these sites, and some who really are thieves. Like so much of what goes on over the internet, cyberspace is a very gray area. I guess it boils down to individual judgement as to how much to pursue these issues.

« Reply #52 on: December 09, 2009, 18:00 »
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Quote
The reality of those sites (and I'm a RedBubble member) is that very few artists make any significant money. How often have I seen someone post 'Thanks to whoever bought a card (or a Tee)'? A dollar or two. Occasionally. There's no way these people would (or could) pay $100s for ELs. Of course they shouldn't be trying to sell their composites without an EL but most people here can understand the thrill of an occasional sale, even if it is a pittance.

Stealing is stealing, doesn't matter if they only made $1.00 or $1000.00. I'll use your logic the next time I go to the grocery store. "I don't have a job now and hardly make any money at all at microstock, so you won't mind if I just take this $2.00 candy bar, right?"

Not!

If they can't afford $100s for an EL, then they will need to use their creative talent and come up with their own way to get source material. Stealing from others is NOT the right thing to do.

I do realize some people are clueless about licenses, but we all know there are others that deliberately help themselves to whatever they can get, right or wrong.
« Last Edit: December 09, 2009, 18:02 by cclapper »

« Reply #53 on: January 24, 2010, 09:15 »
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Just an update about DeviantArt...

A contributor was allowing others to download my Ear of Corn image, of which he had made a slight deviation, via a download link on the left side of his page. I emailed DeviantArt compliance about 4 times. Each time the guy in charge of compliance pleaded ignorance, even after I cited various Licensing Agreements which explained the redistribution of images and changing of copyrights AND cited DeviantArt's own policy. He even went so far as to tell me I didn't understand what the Download button was for. On Friday, after this final straw, I told him that I was going to ask for help from the sites that offer my photo for sale.

On Friday, I sent emails to the sites where my image is sold. I'm not sure if any of those sites helped, or why it happened, but this morning when I checked the contributors page, the image is gone. He is still allowed on DeviantArt, he just doesn't have my image posted.
« Last Edit: January 24, 2010, 09:23 by cclapper »

« Reply #54 on: January 24, 2010, 09:39 »
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Good for you! Well done!

I recommend everyone not to take things like this too lightly.

If the site owner (Deviantart in this case) is unwilling to help or plays ignorant you MUST take other ways to increase pressure on them.

Write a DMCA notice to the web hosting company explaining your case. Web hosting companies take copyright infringement very seriously and a site owner can be easily taken offline for such violations with their web host. So this would already help to gain some leverage.

Also mention that your legal advisor ;) has been informed and is reviewing the case, considering a claim for lost royalties, damages and misrepresentation of copyright ownership.

Of course in every case you have to inform all stock agencies that sell this image. It's in their best interest to have that image taken down. Provide as much information as possible to them.

« Reply #55 on: January 24, 2010, 15:26 »
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Also mention that your legal advisor ;) has been informed and is reviewing the case, considering a claim for lost royalties, damages and misrepresentation of copyright ownership.

I wonder if it would be possible to have a lawyer work for us, because it is simply disgusting to see than any infraction in Devianart, Flcikr, Photobucket, MySpace, whatever only ends with a file being removed, with no punishment at all for the infractor.

« Reply #56 on: January 24, 2010, 16:01 »
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I wonder if it would be possible to have a lawyer work for us,...

I already thought about that a while ago. Anyone who is interested to work on something please PM me.

« Reply #57 on: January 25, 2010, 01:31 »
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I wonder if it would be possible to have a lawyer work for us,...

I already thought about that a while ago. Anyone who is interested to work on something please PM me.

Want to make a change with these places that ignore us. Everybody who has a picture on Flickr thats stolen joins in a class action suit against Flickr for not correcting things. Then Devianart, then the next place and soon they will start listening and remove stolen images instead of giving us the run around like clapper ran into. You may not get a penny but the attorny will make their expenses and take the places to court and make it hurt so they start to pay attention.

« Reply #58 on: January 26, 2010, 06:41 »
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Even with an EL you shouldn't be able to sell stuff on Zazzle and the like.
From SS

Uses Prohibited by Both Licenses   Permitted Use?
         Print on Demand                   NO


and IS:

License restrictions
Here is what you cannot do with either a Standard or Extended license:

Prohibited uses for both Standard and Extended license
Online "print-on-demand" products


 

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