You dont need expensive experts in international laws. You can be your own prosecutor, and its not so difficult.
The claims here are pretty straight forewards. You just need some dates and some calculations.

Its all about being precise in the claim.

Like:
This, my picture, was spread by istock (proof) and can now be downloaded for free here and here.
It has cost me this amount of money (proof), I sue for the lost amount.

But it is true, you have to be personally involved and have a loss.

You dont need expensive experts in international laws. You can be your own prosecutor, and its not so difficult.
The claims here are pretty straight forewards. You just need some dates and some calculations.

Its all about being precise in the claim.

Like:
This, my picture, was spread by istock (proof) and can now be downloaded for free here and here.
It has cost me this amount of money (proof), I sue for the lost amount.

But it is true, you have to be personally involved and have a loss.

You would need to be sure that that is the sort of claim that the Small Claims Court accepts. Like I said, from a short shifty, it wouldn't be in Scotland, maybe other places it would be. You can be sure I'll check more carefully if I'm affected.

Isn't there a Small Claims Court in your country (Denmark IIRC)?
Yup:
http://www.consumereurope.dk/Complaints/Small-claims-process-in-Denmark

You dont need expensive experts in international laws. You can be your own prosecutor, and its not so difficult.
The claims here are pretty straight forewards. You just need some dates and some calculations.

Its all about being precise in the claim.

Like:
This, my picture, was spread by istock (proof) and can now be downloaded for free here and here.
It has cost me this amount of money (proof), I sue for the lost amount.

But it is true, you have to be personally involved and have a loss.

It seems that some at least of the people whose images are used did receive a small payment, e.g. the currently second-last post on the relevant iStock thread:
~~~~~~~~~~~~~~~~
Gmutlu:
I found some of my Photograper's Choice RF images added to Google drive.
I checked the Getty statements to see any purchase and I found them:
Product Type: Premium Access Time Limited
Customer Name: Google eCommerce & Google Dri
Gross Royalty (in USD): 12.00

~~~~~~~~~~~~~~~

In fact, although this iStock deal caught me and presumably most others unawares, I've been nervous all along that this is exactly what recent rumblings at Alamy about needing a 'new kind of license' is about. The only difference is that Alamy have been a but more open about their intentions.

yes there is, I didnt know, see the above edit.

I think that going through the Canadian Legal system would be expensive, with a low chance of any real action.

I think A social media campaign, combined with take down notices to iStock customers would be the most effective, and likely to gain the most traction.

Quote from: ShadySue on January 11, 2013, 08:20

Quote from: JPSDK on January 11, 2013, 07:48

You dont need expensive experts in international laws. You can be your own prosecutor, and its not so difficult.

You're taking on the Mighty Getty's legal team. 

So what? That doesnt impress me much, a hole in the ground is still a hole in the ground.

And yes they will claim its a hole in the ground on the moon.
but it isnt.

They'd better quake if they've got one of your images, then.

Glad to at least see some ideas about how to handle this.  I am so tired of the "there's nothing we can do" attitude, even though I have had it myself sometimes. 

AFAIK none of my images is involved, and unless they are, I would not be able to be a plaintiff in a lawsuit.  But if some affected people do approach a torte lawyer to feel out the possibility of a class action suit, I would be willing to contribute. 

Alternatively, the social media idea is a good one.  If enough buzz is created, most likely the news media would pick up on it too. 

Good job Rene in getting the ball rolling...

I have a very small number of indie images at iStock, and am (thankfully) not affected.  Based on what I've seen in the iStock forums and here, the Google Drive "deal" is outrageous, and removal of the metadata compounds the injury.

However, this is a public forum.  If you are serious about any form of action, you need to take the discussion out of the public eye where lookouts can read your plans.

For what my newbie opinion is worth:
1.  A concerted social media campaign sounds like a grand first step; maximize your credibility by sticking to the facts, no matter how hard that may be.  I doubt that either Getty or Google wants to hit the headlines in connection with something like this.
2.  For the future, register all images with the US Copyright Office (non-US citizens too) because that provides additional protection and benefits.  More information at http://www.copyright.gov/

Regards

Oh, it's even worse than I wrote when I said that Getty was regarding our images as wholly-owned content.

from guenterguni,
"I scrolled through all the 6000 "stock" images on Google Drive and checked several hundreds...

... to find out what is not really a surprise: Despite the fact that Getty owns hundreds of thousands images (see the super-fast imported images that dominate our Vetta/Agency searches) NOT ONE of the files I checked is available for FREE at the Google pages in one owned by Getty!

All of them are from iStockers or from Getty contributors. Of course, you will say, Getty isn�t stupid to waste their own images for free - for this they have their stupid contributors (and here mostly the exclusive ones)."

http://www.istockphoto.com/forum_messages.php?threadid=350439&page=17#post6817167[/url]
Halfway down. (I don't know how to link to a specific post)

Quote from: JPSDK on January 11, 2013, 07:02

Isnt there a guy in England that can take istock to small claims court?

Everyone in England and Wales can. I'm not sure what the law is in Scotland, but I haven't found my pics in these scams yet, so I couldn't do it - I think you'd have to be directly involved. No idea about Northern Ireland.
Presumably the Small Claims Court system is UK-wide, but now that I think about it, it almost certainly won't cover claims under Canadian Law.

Even if you took Istock/Getty to the small claims court and won the damages you claimed ... how are you going to enforce payment? Where are you going to send the bailiffs?

Are you being serious?  youre going to sue IS/Getty?  you havent got a hope in hell. All I can say is: you better have a few million quid in your account.

Only because Erin succeeded doesnt mean anything outside the movie.

Quote from: Imgorthand on January 11, 2013, 07:51

Perhaps a kickstarter project for such legal action? To collect the fund pre-action.
I'm pretty sure the crowdsourced funds would be more than enough.

Beat me to it. With a Kickstarter (or something similar) project, we could potentially be supported by people that have never heard of iStock or microstock in general. There are plenty of people in the world that would contribute at least a small amount just to have such a huge injustice stopped.

It's great thinking but you have to offer something to the backers of a Kickstarter project don't you?  I don't think you can just look for funding.

Me too.
I'm just affected by the Microsoft "Deal" - but who knows what kind of information we get next. I think there needs to be done something, otherwise it will get worse and worse and not only on IS.