Author Topic: My image used for collage on Flickr - fight over copyright... (Read 36191 times)

click_click · « **on:** August 03, 2010, 11:43 »

OK, just a little story about what you can run into as a microstock (or general stock) contributor these days.

I found one of my best sellers (created in 2005 and registered copyright on it) on Flickr as part of a composition which basically consisted out of 2 images (one of them being mine). Copyright is stated in the image naming the contributor in question and not me.

Mine was the background and an isolated object was slapped into the center of the image.

As I found my image I contacted the Flickr-member, asking to have it removed.

He replied with his opinion that as he created the image with Gimp which took him "several hours" it is his image. He further explained to me that he "got the two images from different sources". So he claims the image is his.

I then informed him of the US copyright law and what is considered copyright infringement together with a link to the web site of the US Copyright Office.

I originally also asked him to let me know where he purchased the license from. No answer there. He didn't even mention that topic.

Well, long story short I contacted Yahoo with my DMCA claim waiting for the outcome, which should be obvious.

Now as I just checked back on Flickr, I realized that there is also a Deviantart watermark on the image. So I'll be heading over there to let them know as well.

cathyslife · « **Reply #1 on:** August 03, 2010, 11:52 »

Is he selling your image or allowing download of it? If not, he is well within his rights to post his "derivative artwork" on his website. He is only infringing on your copyright if he is redistributing your image in some way.

Perry · « **Reply #2 on:** August 03, 2010, 11:55 »

So basically you are angry because someone is using your image? Isn't that what (micro-)stock is all about? (if he did buy it as he should have done)

click_click · « **Reply #3 on:** August 03, 2010, 11:56 »

Quote from: cclapper on August 03, 2010, 11:52

Is he selling your image or allowing download of it? If not, he is well within his rights to post his "derivative artwork" on his website. He is only infringing on your copyright if he is redistributing your image in some way.

He is offering free download. He never paid a license fee.

That's already two strikes.

click_click · « **Reply #4 on:** August 03, 2010, 11:56 »

Oh and he claims he owns the copyright.

XXX

Perry · « **Reply #5 on:** August 03, 2010, 11:57 »

Could we please see the image (flickr link) ?

click_click · « **Reply #6 on:** August 03, 2010, 12:03 »

Quote from: Perry on August 03, 2010, 11:57

Could we please see the image (flickr link) ?

no

I'm having enough problems keeping my best seller off of the Google image search, ebay, Zazzle, Flickr etc. - So I'm not going to play into everyobdy's hands to produce a top seller without making an effort. Sorry.

lisafx · « **Reply #7 on:** August 03, 2010, 12:09 »

Quote from: click_click on August 03, 2010, 11:56

He is offering free download.

Quote from: click_click on August 03, 2010, 11:56

Oh and he claims he owns the copyright.

Those sound like two clear violations to me.

Too bad writing him was a waste of time. Looks like DMCA letters to the sites he's got it on are the way to go.

cathyslife · « **Reply #8 on:** August 03, 2010, 12:14 »

Quote from: lisafx on August 03, 2010, 12:09

Quote from: click_click on August 03, 2010, 11:56

He is offering free download.

Quote from: click_click on August 03, 2010, 11:56
Oh and he claims he owns the copyright.

Those sound like two clear violations to me.

Too bad writing him was a waste of time. Looks like DMCA letters to the sites he's got it on are the way to go.

Me, too. Clear violations. I am certain it will be taken down, but no other punishment will be given to the infringer, like having his account suspended. I hope flickr points him to their copyright policy, available at the bottom of their pages.

Kone · « **Reply #9 on:** August 03, 2010, 12:59 »

Quote from: cclapper on August 03, 2010, 12:14

Quote from: lisafx on August 03, 2010, 12:09
Quote from: click_click on August 03, 2010, 11:56

He is offering free download.

Quote from: click_click on August 03, 2010, 11:56
Oh and he claims he owns the copyright.

Those sound like two clear violations to me.

Too bad writing him was a waste of time. Looks like DMCA letters to the sites he's got it on are the way to go.

Me, too. Clear violations. I am certain it will be taken down, but no other punishment will be given to the infringer, like having his account suspended. I hope flickr points him to their copyright policy, available at the bottom of their pages.

I don't think so, if you remember my image being stolen and somebody else has that image in his portfolio, so You , FD_regular, Click-Click, Jsnover and some other people from this forum reported it and helped me to take it down. As well I sent a letter to Flicker and they suspended his account.
If a person did not buy Click-Click's image and cannot prove it, Flicker will suspend his account.

click_click · « **Reply #10 on:** August 03, 2010, 13:13 »

Quote from: Kone on August 03, 2010, 12:59

...
I don't think so, if you remember my image being stolen and somebody else has that image in his portfolio, so You , FD_regular, Click-Click, Jsnover and some other people from this forum reported it and helped me to take it down. As well I sent a letter to Flicker and they suspended his account.
If a person did not buy Click-Click's image and cannot prove it, Flicker will suspend his account.

Honestly, I'm already happy if the image will be removed. I don't expect much anymore these days.

They didn't really make money off of it and just tried to polish their ego by submitting it to user driven image sites.

It just leaves a sour taste when people try to pass on the image for free claiming it's theirs, even if it's a composite.

luissantos84 · « **Reply #11 on:** August 03, 2010, 13:18 »

Quote from: click_click on August 03, 2010, 13:13

Quote from: Kone on August 03, 2010, 12:59
...
I don't think so, if you remember my image being stolen and somebody else has that image in his portfolio, so You , FD_regular, Click-Click, Jsnover and some other people from this forum reported it and helped me to take it down. As well I sent a letter to Flicker and they suspended his account.
If a person did not buy Click-Click's image and cannot prove it, Flicker will suspend his account.

Honestly, I'm already happy if the image will be removed. I don't expect much anymore these days.

They didn't really make money off of it and just tried to polish their ego by submitting it to user driven image sites.

It just leaves a sour taste when people try to pass on the image for free claiming it's theirs, even if it's a composite.

it is so ridiculous, don't get why people do this stuff, where is their dignity, honour, pride??

vonkara · « **Reply #12 on:** August 03, 2010, 13:55 »

Just link me to this xxxx head. I want to "spam" him a couple of messages. Maybe by kindly explaining him the obvious, he will understand

Btw I dislike Flick hobbyists

vonkara · « **Reply #13 on:** August 03, 2010, 14:02 »

Quote from: luissantos84 on August 03, 2010, 13:18

it is so ridiculous, don't get why people do this stuff, where is their dignity, honour, pride??

Lately I saw a guy taking a isolated hotdog from microstock. The guy paint the hotdog arms, feet, mouth and eyes. He claim it was his work and he was so proud of his work. The issue is more their pride about their weak photoshop skills, and the 100 comments they get by saying, wow nice hotdog, how did you do.

click_click · « **Reply #14 on:** August 03, 2010, 14:14 »

Quote from: Vonkara on August 03, 2010, 14:02

...Lately I saw a guy taking a isolated hotdog from microstock. The guy paint the hotdog arms, feet, mouth and eyes. He claim it was his work and he was so proud of his work. The issue is more their pride about their weak photoshop skills, and the 100 comments they get by saying, wow nice hotdog, how did you do.

EXACTLY!

cathyslife · « **Reply #15 on:** August 03, 2010, 14:35 »

Quote from: Vonkara on August 03, 2010, 14:02

Quote from: luissantos84 on August 03, 2010, 13:18

it is so ridiculous, don't get why people do this stuff, where is their dignity, honour, pride??

Lately I saw a guy taking a isolated hotdog from microstock. The guy paint the hotdog arms, feet, mouth and eyes. He claim it was his work and he was so proud of his work. The issue is more their pride about their weak photoshop skills, and the 100 comments they get by saying, wow nice hotdog, how did you do.

Yeah, I've had that happen to one of my images. It was up on deviantart and I reported it. The image came down but he still has an account.

Quote

I don't think so, if you remember my image being stolen and somebody else has that image in his portfolio, so You , FD_regular, Click-Click, Jsnover and some other people from this forum reported it and helped me to take it down. As well I sent a letter to Flicker and they suspended his account.
If a person did not buy Click-Click's image and cannot prove it, Flicker will suspend his account.

Well, that would be great if this happens. Maybe if it happened more, word of mouth would get around to the thieves that it just doesn't fly.

click_click · « **Reply #16 on:** August 03, 2010, 14:45 »

Yesterday, I also came across a forum where people "design" new DVD/BlueRay covers to "replace" the "originals".

A guy was looking for an image like mine with a few samples and asked for something in hires.

Some other dummy posted a link to my image hosted somewhere and said that this one is great because it's super high res.

Then the first dude replied that this was exaclty what he was looking for but he needed to make changes to make it fit.

So (get this) a Super-Moderator of the forum stepped in and uploaded a modified PSD-version so the OP could get it the way he needed it.

I expressed my concern to the moderators there and they weren't happy how this thread developed. I'm still waiting to hear back from them.

lisafx · « **Reply #17 on:** August 03, 2010, 15:10 »

Quote from: click_click on August 03, 2010, 14:45

So (get this) a Super-Moderator of the forum stepped in and uploaded a modified PSD-version so the OP could get it the way he needed it.

I expressed my concern to the moderators there and they weren't happy how this thread developed. I'm still waiting to hear back from them.

OMFG. Unbelievable!

How do you find these things? Through Tineye? I am afraid to get Tineye because I will probably have a stroke or something if I find my images misused all over the place.

cathyslife · « **Reply #18 on:** August 03, 2010, 15:11 »

Quote from: click_click on August 03, 2010, 14:45

I expressed my concern to the moderators there and they weren't happy how this thread developed. I'm still waiting to hear back from them.

Well, maybe this is a way to "educate" the masses...monitoring some of these forums and doing exactly what you did, pointing out the legal ramifications.

click_click · « **Reply #19 on:** August 03, 2010, 15:22 »

Quote from: cclapper on August 03, 2010, 15:11

Quote from: click_click on August 03, 2010, 14:45
I expressed my concern to the moderators there and they weren't happy how this thread developed. I'm still waiting to hear back from them.

Well, maybe this is a way to "educate" the masses...monitoring some of these forums and doing exactly what you did, pointing out the legal ramifications.

I think it should but that forum is basically "living" from designing covers using professional photographs of the actors from the production companies as well as the offerings of logos of the film distribution companies. So overall this is not really something I want to get in to...

madelaide · « **Reply #20 on:** August 03, 2010, 16:24 »

Quote from: cclapper on August 03, 2010, 15:11

Well, maybe this is a way to "educate" the masses...monitoring some of these forums and doing exactly what you did, pointing out the legal ramifications.

I've done that at Zazzle a couple of times.

Dreamframer · « **Reply #21 on:** August 03, 2010, 16:55 »

Many people think that image they bought on microstock becomes their image in every way. So, they can do what ever they want with it, even resell it with some minor touch-ups.

You said you don't want to show us an image. That's OK, but I think even if you show it to us, and even if someone steals your idea, your image will still oversell very newly uploaded similar image

That's how it usually goes. Old stuff still sells - new stuff gets buried...

Dreamframer · « **Reply #22 on:** August 03, 2010, 16:58 »

Oh, I forgot to say. I had similar problem with one artist from Deviant Art. Her work is always a derivate from stock images and her own images. She also sells those images. At least she always gives links to the artists who provided elements for the image.

click_click · « **Reply #23 on:** August 03, 2010, 16:59 »

Quote from: Dreamframer on August 03, 2010, 16:55

... That's how it usually goes. Old stuff still sells - new stuff gets buried...

Don't say that. It makes it look like as if there is no more money in microstock

Dreamframer · « **Reply #24 on:** August 03, 2010, 17:14 »

Quote from: click_click on August 03, 2010, 16:59

Quote from: Dreamframer on August 03, 2010, 16:55
... That's how it usually goes. Old stuff still sells - new stuff gets buried...

Don't say that. It makes it look like as if there is no more money in microstock

lol
Ok, well, it's not exactly like this...always, but often it is.

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Author Topic: My image used for collage on Flickr - fight over copyright... (Read 36191 times)

click_click

cathyslife

Perry

click_click

click_click

Perry

click_click

lisafx

cathyslife

Kone

click_click

luissantos84

vonkara

vonkara

click_click

cathyslife

click_click

lisafx

cathyslife

click_click

madelaide

Dreamframer

Dreamframer

click_click

Dreamframer

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