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Author Topic: envato and copyright  (Read 36987 times)

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« Reply #51 on: January 26, 2012, 10:59 »
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....or to Getty/ Sony's Lawyers, either way, good that they have been pulled.
Also good for the artists who have had work pulled as it protects them too

Very true, because they most certainly are not protected from liability.


« Reply #53 on: January 26, 2012, 11:07 »
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Their reviews should spend some time each day going through files/authors portfolios and soft disabling them until proof of licence or a change in image is carried out.

Microbius

« Reply #54 on: January 26, 2012, 11:08 »
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Only spotted those treats because the guy is asking on their forum why another one of his files reported here has disappeared.

Credit to them they finally seem to be taking some action now, I'm hoping they aren't going to sit and wait for every example to be reported individually.

« Reply #55 on: January 26, 2012, 11:11 »
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I don't see how at this point Envato can get a hold of this problem.

They would have to disable all content and review everything from scratch to make sure they are "clean".

It's "unfair" to shutdown the contributors mentioned here first (although they illegally used the content, I know) but then others who fly under the radar can still sell their products with illegal content just because no one reports it?

That's not how it should be dealt with.

Envato made a huge mistake. They should take responsibility and man up to get their collection sorted out.

Microbius

« Reply #56 on: January 26, 2012, 11:33 »
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Well i would start with an announcement telling authors to clean up their files. I would also explain exactly what that means in terms of acceptable sources of images and what constitutes a license or permission from the copyright holder.

What wouldn't be fair is for all the examples where Morgan Freeman or Harry Potter are used get stopped or taken down while those using our stock images are let in because they are more anonymous and we don't all have the resources to hire attorneys to have them removed.

« Reply #57 on: January 26, 2012, 11:38 »
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Well i would start with an announcement telling authors to clean up their files. I would also explain exactly what that means in terms of acceptable sources of images and what constitutes a license or permission from the copyright holder.

What wouldn't be fair is for all the examples where Morgan Freeman or Harry Potter are used get stopped or taken down while those using our stock images are let in because they are more anonymous and we don't all have the resources to hire attorneys to have them removed.

Yes I agree with that

Any images I have used I have brought extended licences and/or have expressed permission to use them from the author and I produce these at anytime if asked to do so.

Microbius

« Reply #58 on: January 26, 2012, 11:44 »
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Ahem.....
http://graphicriver.net/item/alternative-flyerposter-bundle-vol-1012/792961?WT.ac=portfolio_thumb&WT.seg_1=portfolio_thumb&WT.z_author=indieground

Or alternatively when one item is spotted start by checking the author's whole portfolio, everyone who has chimed in so far regarding files being disabled seems to have lots of other violations in their port.

And you can bet that if they are casually using celeb photos they are also not paying for all this stock images in their ports.

« Reply #59 on: January 26, 2012, 11:49 »
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An easy solution would be requiring that license agreements or property releases are uploaded along with the images, just like we have to do with model and property releases.  Such proof protects the naive contributor from getting himself in hot water.  I don't think simple source references is enough protection, unless the images are in the public domain.

Another solution is to allow only Photo Dune images and those from whichever subsidiary is selling illustrations.  Envato could offer these images at a reduced rate to make them affordable for the purpose of previews, and we would receive a small in-house sublicensing fee.  Envato could also provide the option for buyers to purchase the entire package, template and images included.  Win-win for both template designers and stock artists.
« Last Edit: January 26, 2012, 11:54 by Karimala »

« Reply #60 on: January 26, 2012, 11:49 »
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yes I agree all stock images used if not your own should be subject to the same treatment

http://graphicriver.net/forums/thread/soft-disable/58233

Quote
indieground SAYS
Ok so I guess i must change my items preview.. awesome :(


indieground is not happy

but this should have been thought through before it was done and Envato should have answered the question ages ago since it has been asked a million times on the forum if authors were allowed to do this or not.... and was never cleared up (not that it need to be as it is common sense if you understand the law)

Microbius

« Reply #61 on: January 26, 2012, 11:52 »
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I don't think he's realised yet that he's going to have to change all his preview images   :(

« Reply #62 on: January 26, 2012, 11:53 »
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Well i would start with an announcement telling authors to clean up their files. I would also explain exactly what that means in terms of acceptable sources of images and what constitutes a license or permission from the copyright holder.

What wouldn't be fair is for all the examples where Morgan Freeman or Harry Potter are used get stopped or taken down while those using our stock images are let in because they are more anonymous and we don't all have the resources to hire attorneys to have them removed.
If I understand you correctly, you are afraid that low profile violators (using our stock imagery - insteadd of Harry Potter etc.) might get away for the moment while other are getting taken down?

If so, then it assures what I just wrote, that everything should be taken down NOW and everything needs to be reviewed along with appropriate licenses/authorizations by the original copyright holders.

Doing this hit and miss thing where only reported products get removed is not helping the situation.

Microbius

« Reply #63 on: January 26, 2012, 11:54 »
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I agree that would be the ideal. Problem is there is no way they will do it.
Too much income lost and bad PR.

« Reply #64 on: January 26, 2012, 12:04 »
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I agree that would be the ideal. Problem is there is no way they will do it.
Too much income lost and bad PR.
Of course! However, Envato can be lucky that this won't hit the news as that would be bad enough PR for them.

« Reply #65 on: January 26, 2012, 12:09 »
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I can't get GR to load... anyone else?

Microbius

« Reply #66 on: January 26, 2012, 12:11 »
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Works fine for me

« Reply #67 on: January 26, 2012, 12:13 »
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GR is working for me.  Just found a pizza delivery flyer with a stock photo where the designer claims it's free.  

Quote
The pizza image is a free provided image which is a smart object therefore is easily replaceable.
All the other images are included


http://graphicriver.net/item/pizza-delivery-door-hanger/1359404?WT.ac=category_thumb&WT.seg_1=category_thumb&WT.z_author=ciolca

Then I visited his personal website and wouldn't you know, up pops a template with Getty watermarked images.  :::sigh:::

http://catalinciolca.ro/Portfolio/Print_Templates/Pages/32_Pages_Hair%26Nail_Magazine.html

Makes you wonder if the pizza stock photo is actually "free."

« Reply #68 on: January 26, 2012, 12:13 »
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Fine for me also

Quote
indieground SAYS
I think that if a reviewer approves your file it means that its ok with envato guidelines.. If someone puts an illegal image in the download zip, the rieviewer will immediately reject the file.. so if they left you put an image in the preview until today it means that also the reviewers thought it was ok.. right? So I think that if there are so many illegal images its both responsability of authors and envato staff.. Im going to change the previews of my posters, if its the right thing to do.. no problems on that. but I think its not fair that some files has been disableb without any email or notice..

« Reply #69 on: January 26, 2012, 12:16 »
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I'm very late in catching up with this thread, but just had a read  - and checked out that wretched site official PSDs that's mentioned in many of the Graphic River items as where people can go to get photos to use after they purchase the template. They're no better than the many sites that offer stolen images from the stock agencies.

I think it's heartening that so many of the links in this thread are now to content that's been pulled - that's a start.

However, I think Envato needs to be much, much stricter on what it permits in the wording of template descriptions, as well as in the use of preview images that haven't been properly licensed. In particular, it should not permit any reference to shady sites that offer stolen content - like Official PSDs.  MSG has a feature that automatically replaces obscenities in posts - perhaps Envato can do something similar with references to file sharing sites.

As long as the image isn't included in the template, Graphic River sellers could license a small image from PhotoDune - the prices are dirt cheap :) - no need to include unlicensed/improperly licensed content.

Thanks to Microbius for bringing this up

« Reply #70 on: January 26, 2012, 12:22 »
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Our pizza guy has more...even his magazine covers section header is a clear editorial shot featuring Redbook and Marie Claire magazines.  http://graphicriver.net/collections/1278379-magazine-covers

Katy Perry image... http://graphicriver.net/item/4-modern-magazine-covers/575692

REM and Kings of Leon... http://graphicriver.net/item/4-modern-magazine-covers-take-two/610094

« Reply #71 on: January 26, 2012, 12:25 »
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« Reply #72 on: January 26, 2012, 12:30 »
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Holy cow...the pizza guy is actually an art director for a Romanian magazine and comes with recommendations from the editor of the Romanian version of Harper's Bazaar.  Now that's someone you would think would know better.   :o 

« Reply #73 on: January 26, 2012, 12:32 »
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http://graphicriver.net/item/mall-cinema-program-flyer/1369553

Quote
All photos are provided, including the movie posters


Unbelievable.

« Reply #74 on: January 26, 2012, 14:42 »
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Isn't this that Puffy Diddy Do Daddy guy?

http://graphicriver.net/item/players-club-flyer-template/797602

Sorry I don't follow popular music that much.

When it comes to a case like this, it's not even the issue of using a stock photo. Things like Rights to Publicity and endorsement come into play, especially if a buyer was uneducated and actually used that image.

Envato may as well just shut the house down, because almost everything people have pointed to is ripe for pending lawsuit.


 

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