pancakes

MicrostockGroup Sponsors


Author Topic: Is contract termination now?  (Read 1897 times)

0 Members and 1 Guest are viewing this topic.

« on: October 29, 2019, 21:40 »
0
Hello, I received an email from Istock today saying that I will have my contract broken due to copyright.

I work with image manipulation and pay for third party photos, manipulate and treat to transform it into another image and concept, no problem, for example:

I have some financial difficulties and I am using image bank earnings to help pay some bills. How could I reverse this?

Most of my images are 100% my photos, I will lose everything, I can not sell them anymore?

Sorry my english, I live in Brazil.
« Last Edit: October 30, 2019, 10:07 by studioalef »


« Reply #1 on: October 29, 2019, 22:17 »
+4
I sort of surprised that they figure out you used other people's photos. It isn't obvious to me. Maybe they used computer software to scan pixels or the other artist complained about you. Or you have other photos where you used other people's work and it is more obvious there.

I guess you didn't understand the rules, that you are not allowed to use other people's photos in your stock photo. I think it is probably too late now to contest the termination, though maybe you can write them and say how sorry you are and that you will never do it again.

Clearly you are incredibly talented in image manipulation, it would be a shame for your talent to go to waste. Maybe you can sign up for a new account in your spouse's name. Or go change your name legally and get new ID and resubmit the files under your new name. These are obviously drastic options to take, but it sort of just depends on how much you want the income.

Meanwhile these photos where you used other people's work, you NEED to take them off all stock sites quickly before they all ban you. Obviously Adobe comes here and reads the forums, I assume many of the other big ones might too.

« Reply #2 on: October 29, 2019, 23:08 »
0
hello thanks for the reply.  The photos that were contested I removed from all the big ones.  This one I sent now would be just an example.

Brasilnut

  • Author Brutally Honest Guide to Microstock & Blog

« Reply #3 on: October 30, 2019, 06:51 »
0
ARTIST'S SUPPLY AGREEMENT (NON-EXCLUSIVE) iStock / Getty - https://contributors.gettyimages.com/article.aspx?article_id=4872

b. By uploading Content, you are warranting that you own all proprietary rights or are the authorized representative of the applicable copyright owner(s) of such Content, including copyright, in and to the Content with full power to grant the rights contemplated in this Agreement.

c. In addition, iStock may deem an account to be terminated and may off-set any fees or credits contained in such account against its costs of administration if there has been: (i) in the reasonable opinion of iStock, any material misrepresentation made as to the capacity, identity or copyright ownership of Content or you provided hereunder;

17. If and to the extent you are submitting Content to iStock as an authorized representative of the applicable copyright owner(s), you acknowledge and agree that (a) you will ensure that such copyright owner(s) comply with the terms of this Agreement where necessary;

-----------

Adobe Stock Additional Terms - https://wwwimages2.adobe.com/content/dam/acom/en/legal/servicetou/Adobe_Stock_Terms-en_US-20170630_2200.pdf

In attachment.

Conclusion:

The rules are quite clear in this respect, both in the Adobe Stock licensing agreement and iStock Contributor agreement. Irrelevant that you only took one portion of an image to use in another to license.

May be difficult to argue ignorance in this respect, but still worth a try as you have nothing to lose at this stage.

« Reply #4 on: October 30, 2019, 06:59 »
+3
You have never read this in the TOS where you upload?
Or you have never come across this issue on any forum where employing other peoples images into a new manipulated work has been discussed, often with much anger?

Doesnt look like you have much recourse here

« Reply #5 on: October 30, 2019, 08:14 »
+3
If they got a claim on your under question sold work
and you are getting away with just a ban perhaps you are lucky!

Clients don't care if we feed our families or make pocket money.
They want cleared content and pay for that specific licensing.

« Reply #6 on: October 30, 2019, 09:50 »
0
Isn't there an option to buy images with a specific license for this exact purpose, to incorporate them as elements in your work that you will commercially sell?
If it wasn't allowed/possible I guess most of the 3D renders including textures wouldn't be allowed on agencies...? I don't imagine many 3D artists produce their own textures.

« Reply #7 on: October 30, 2019, 10:22 »
+2
Isn't there an option to buy images with a specific license for this exact purpose, to incorporate them as elements in your work that you will commercially sell?
If it wasn't allowed/possible I guess most of the 3D renders including textures wouldn't be allowed on agencies...? I don't imagine many 3D artists produce their own textures.

Some places do grant you license for this exact purpose, and as far as I know, stock libraries are NOT these places. Depending on where the textures came from, they do grant you the license to resell their work as part of your work as anything you want, including stock. So in that instance, you are clear, because their license is clear.

« Reply #8 on: October 30, 2019, 17:51 »
0
Isn't there an option to buy images with a specific license for this exact purpose, to incorporate them as elements in your work that you will commercially sell?
If it wasn't allowed/possible I guess most of the 3D renders including textures wouldn't be allowed on agencies...? I don't imagine many 3D artists produce their own textures.

Some places do grant you license for this exact purpose, and as far as I know, stock libraries are NOT these places. Depending on where the textures came from, they do grant you the license to resell their work as part of your work as anything you want, including stock. So in that instance, you are clear, because their license is clear.

Interesting, for some reason I assumed this was a common thing, given that buyer buys an advanced license, at least on Adobe Stock as it's incorporated into their applications.   

« Reply #9 on: October 30, 2019, 18:47 »
0
Well, could I open a new account on behalf of my spouse to continue making sales? Of course, with images 100% made by me. Even if some of them belong to the suspended portoflio?

« Reply #10 on: October 30, 2019, 19:12 »
0
Well, could I open a new account on behalf of my spouse to continue making sales? Of course, with images 100% made by me. Even if some of them belong to the suspended portoflio?
That would be cheating.

« Reply #11 on: October 30, 2019, 20:17 »
0
why cheat? My images are 100% my authorship, was damaged because of 3 or 4 images. Where is the cheating in the other 250 images totally produced by me?

« Reply #12 on: October 30, 2019, 20:48 »
+4
why cheat? My images are 100% my authorship, was damaged because of 3 or 4 images. Where is the cheating in the other 250 images totally produced by me?

Are you high?
What are you even saying? It doesn't matter you produced 250 or 25k, all you need to do is not to violate copyright. If it was due to 3-4 images then why you did it?
I saw those links, and it was of some debris. Do you have any idea what it takes to shoot such shots. Author might have traveled and must have spent some amount to get it.
And you, on the other hand sitting in front of computer, took it out and did the manipulation and now selling.

« Reply #13 on: October 30, 2019, 21:36 »
+1
Isn't there an option to buy images with a specific license for this exact purpose, to incorporate them as elements in your work that you will commercially sell?
If it wasn't allowed/possible I guess most of the 3D renders including textures wouldn't be allowed on agencies...? I don't imagine many 3D artists produce their own textures.

Some places do grant you license for this exact purpose, and as far as I know, stock libraries are NOT these places. Depending on where the textures came from, they do grant you the license to resell their work as part of your work as anything you want, including stock. So in that instance, you are clear, because their license is clear.

Interesting, for some reason I assumed this was a common thing, given that buyer buys an advanced license, at least on Adobe Stock as it's incorporated into their applications.

As far as I know, and I could be very wrong, the facts are, the license you buy at Adobe Stock is for you to use in either personal or business use (ie advertising). Either of those are fine. Using pieces of other people's stock photos into your own stock photo is against the rules. Anyway someone else earlier already posted the wording in the T&Cs.

« Reply #14 on: October 30, 2019, 21:43 »
0
why cheat? My images are 100% my authorship, was damaged because of 3 or 4 images. Where is the cheating in the other 250 images totally produced by me?

Are you high?
What are you even saying? It doesn't matter you produced 250 or 25k, all you need to do is not to violate copyright. If it was due to 3-4 images then why you did it?
I saw those links, and it was of some debris. Do you have any idea what it takes to shoot such shots. Author might have traveled and must have spent some amount to get it.
And you, on the other hand sitting in front of computer, took it out and did the manipulation and now selling.

Let's just give him/her the benefit of the doubt that he/she didn't know any better. It isn't unreasonable that they didn't know. Though the OP has a new problem now. Which is that this thread has brought a lot of attention to their account. I'd advice the OP just wait a few months before opening a new account at iStock in your spouse's name and just only upload brand new images, don't reupload the old images because if the stock website recognize the old images in your spouse's name, you might get banned again. And not because you've done anything wrong a second time, but more that they remembered they had banned you. I'm not sure how many people got to see OP's work, he/she is reasonably talented, definitely above average in skills. And if the OP wants to go the really technical route, just write up a contract with your spouse and transfer all ownership of copyright to your spouse, so he/she can sell them 100% legally under their name. Since you guys are married, it doesn't matter who owns the copyright.

Brasilnut

  • Author Brutally Honest Guide to Microstock & Blog

« Reply #15 on: October 31, 2019, 03:16 »
0
Where is the cheating in the other 250 images totally produced by me?

Perhaps I'm being a bit harsh but seems like losing out on 250 images is hardly going to lead you to "have some financial difficulties and I am using image bank earnings to help pay some bills." Relatively easy to start over.

If SS closed my account with 10k images and nearly 1k videos I would lose out big time and they did threaten me.

« Reply #16 on: October 31, 2019, 05:04 »
0
Where is the cheating in the other 250 images totally produced by me?

Perhaps I'm being a bit harsh but seems like losing out on 250 images is hardly going to lead you to "have some financial difficulties and I am using image bank earnings to help pay some bills." Relatively easy to start over.

If SS closed my account with 10k images and nearly 1k videos I would lose out big time and they did threaten me.

I see, your account is still active... When did they closed it? and what they said to threaten you?
« Last Edit: October 31, 2019, 06:24 by Artist »

Brasilnut

  • Author Brutally Honest Guide to Microstock & Blog

« Reply #17 on: October 31, 2019, 06:29 »
0
Where is the cheating in the other 250 images totally produced by me?

Perhaps I'm being a bit harsh but seems like losing out on 250 images is hardly going to lead you to "have some financial difficulties and I am using image bank earnings to help pay some bills." Relatively easy to start over.

If SS closed my account with 10k images and nearly 1k videos I would lose out big time and they did threaten me.

I see, your account is still active... When did they closed it? and what they said to threaten you?

No impact on my account. They threatened to because I was trying to help them wack some moles (what, my thoughts exactly). I got a 6 day SS forum ban and 30 days moderation. 

« Reply #18 on: October 31, 2019, 08:10 »
0
Where is the cheating in the other 250 images totally produced by me?

Perhaps I'm being a bit harsh but seems like losing out on 250 images is hardly going to lead you to "have some financial difficulties and I am using image bank earnings to help pay some bills." Relatively easy to start over.

If SS closed my account with 10k images and nearly 1k videos I would lose out big time and they did threaten me.

I see, your account is still active... When did they closed it? and what they said to threaten you?

No impact on my account. They threatened to because I was trying to help them wack some moles (what, my thoughts exactly). I got a 6 day SS forum ban and 30 days moderation.

That is just simply pathetic on SS part

« Reply #19 on: October 31, 2019, 08:53 »
0
Isn't there an option to buy images with a specific license for this exact purpose, to incorporate them as elements in your work that you will commercially sell?
If it wasn't allowed/possible I guess most of the 3D renders including textures wouldn't be allowed on agencies...? I don't imagine many 3D artists produce their own textures.

Some places do grant you license for this exact purpose, and as far as I know, stock libraries are NOT these places. Depending on where the textures came from, they do grant you the license to resell their work as part of your work as anything you want, including stock. So in that instance, you are clear, because their license is clear.

Interesting, for some reason I assumed this was a common thing, given that buyer buys an advanced license, at least on Adobe Stock as it's incorporated into their applications.

As far as I know, and I could be very wrong, the facts are, the license you buy at Adobe Stock is for you to use in either personal or business use (ie advertising). Either of those are fine. Using pieces of other people's stock photos into your own stock photo is against the rules. Anyway someone else earlier already posted the wording in the T&Cs.

Yes it's it's pretty clear, I know the T&C from the contributor side, I just thought (as I don't know how it looks from buyer side) that there might be a more expensive license for this purpose. I guess it only goes in stock circles, can't buy a license from stock to use image as part of another stock image.

Guess it's time to stop uploading textures. (kidding)

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #20 on: October 31, 2019, 10:02 »
+1
Hello, I received an email from Istock today saying that I will have my contract broken due to copyright.

I work with image manipulation and pay for third party photos, manipulate and treat to transform it into another image and concept, no problem, for example:

I have some financial difficulties and I am using image bank earnings to help pay some bills. How could I reverse this?

Most of my images are 100% my photos, I will lose everything, I can not sell them anymore?

Sorry my english, I live in Brazil.

Aside from all the other good advice from others, you may try to write to them, apologize for making the mistake and point out that only a few images used others work as part of yours. Only if that's actually true of course. And ask if you could be re-instated.

Above all, be honest, admit you made a mistake and hope they accept that. If you lie and they see one part of your apology is not genuine, you might as well, not even try writing.

I also think the idea of starting another account under an assumed ID like your wife, is a bad move and when discovered, you'll be closed down again.

Be Honest, appeal to them, hope for the best. Otherwise, go to some other agencies and good luck.

« Reply #21 on: October 31, 2019, 10:43 »
0
Hello, I received an email from Istock today saying that I will have my contract broken due to copyright.

I work with image manipulation and pay for third party photos, manipulate and treat to transform it into another image and concept, no problem, for example:

I have some financial difficulties and I am using image bank earnings to help pay some bills. How could I reverse this?

Most of my images are 100% my photos, I will lose everything, I can not sell them anymore?

Sorry my english, I live in Brazil.

Aside from all the other good advice from others, you may try to write to them, apologize for making the mistake and point out that only a few images used others work as part of yours. Only if that's actually true of course. And ask if you could be re-instated.

Above all, be honest, admit you made a mistake and hope they accept that. If you lie and they see one part of your apology is not genuine, you might as well, not even try writing.

I also think the idea of starting another account under an assumed ID like your wife, is a bad move and when discovered, you'll be closed down again.

Be Honest, appeal to them, hope for the best. Otherwise, go to some other agencies and good luck.

Translated to: change username, delete thread links leave "sample image" for sale in SS as normal.

:P ::)


 

Related Topics

  Subject / Started by Replies Last post
19 Replies
6414 Views
Last post November 23, 2009, 13:53
by nata_rass
1 Replies
1937 Views
Last post October 24, 2012, 12:34
by velocicarpo
14 Replies
3401 Views
Last post October 24, 2012, 21:28
by Reef
19 Replies
4255 Views
Last post November 30, 2012, 15:44
by ShadySue
25 Replies
6484 Views
Last post June 10, 2016, 15:01
by Pauws99

Sponsors

Microstock Poll Results