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Messages - brainik

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1
It's true that our account was blocked in 2010 and as consequence we had to fire almost the entire team, 10 designers out of 11 we had at that moment were sacked. Shutterstock reviewed the entire portfolio at that time, and they were releasing verified batches of images weekly that's why there were a bit over 21k instead of the entire portfolio. They found a few more images and they were removed.

The images that suspended our account like the ones of Cidipex were all submitted over 2-5 years ago, these images have escaped the verification back than.

From the summer of 2010 no more than 2 people at a time worked on this project and what we submitted from then on were verified thoroughly to make sure this things won't repeat.

It looks like these things follow us and there is nothing we can do.

2
If I had people working for me I would tell them to show me their inspiration, going as far as checking the browser history to see what they used as source or completely close internet access.
And if I had an agency I would not reinstate an account that acted like this even if it was a 40k account.

Easier said than done when it comes to manage teams, if you ever manged a team of more than 4-5 people you would understand better our position and think about this twice.

3
We did submit only work we own, or so I thought. That image is from the when we started out with creating and submitting illustrations and learn along the way that people/designers are not always fair to one another.

I really understand you point of view and hope this won't happen again.

Here is a very simple analogy:

If you go to a store and you are caught stealing you will be charged for theft and you will be prosecuted and most likely fined.

In your case you appear to be very confident that Shutterstock will treat your situation in your favor despite the fact that you violated Shutterstock's contributor terms as well as copyright laws. You do not seem to grasp the fact that you as the account holder are actually responsible for any wrong doing of "your guys".

Additionally you emphasize that you "didn't know". Not knowing is not a free fare to innocence. You are obviously not in control over your account as only the diligent eyes of other contributors blew up your cover.

You are right, we are not entirely without fault and we should have better managed this aspect. I don't know what shutterstock will decide, that's their call to make.

4

thank you for coming here to post.. I believe you are sorry.. there are 2 images based on mine, not 1..

http://us.fotolia.com/id/7600605
http://us.fotolia.com/id/7600604

There is a good reason to believe that the designer who did this may have done it more than twice, and you need to make sure to remove any other suspicious files..

As I said before, I hope this can be sorted the right way..


I have deleted both files from fotolia, I will try tomorrow to sort it out with the other agencies.

5

Okay now I am confused. Is the designer still working for you and you asked him/ her what they did and that is how you know they have not reuploaded the file, just been "inspired" by it?

Or are you saying that you knew at the time you had people on staff copying other people's work, and that is how you know it is not a reupload?

I was giving you the benefit of the doubt and assuming you didn't know what was going on.

I am just trying to get a handle on what happened.


ETA http://en.wikipedia.org/wiki/Weasel_word  in this case "inspired"


The designer that made that is no longer with us for more than 2 years now.
I'm sure that he didn't download the file is because he would have to purchase it first at home some how, bring it to the office, modify it here and than give us the file to upload it. That's a bit hard to do in my opinion.

Again, we never encouraged anyone to copy someone else's work.

At that time there were 10-12 designers that were creating illustrations and it was a bit harder to keep track of what each one of them is doing.
At this moment we only have 1 person that creates vector images for shutterstock because the income is low and is not worth while to employ more.

6
Quote

brainik,

If what you are saying is true, I would prefer you to get your portfolio back.. BUT it sends a bad message to the rest of the industry because you;

- didn't make sure to submit "only" the work you fully own.. how can you be trusted that you will be careful in the future?
- I believe and (want to believe) that your portfolio is fully original (except the 2 images based on mine) but as mentioned earlier in this thread, some suspicion is raised for "angry gorilla" and some "santa sled" images too.. and since 2 images are inspired by my image, there is a good reason to believe there are more..

I will be honest, I think you should get your portfolio back, but you need to make sure "all images" in your portfolio are original and there should be some kind of condition to prevent future violations by "one of your designers"..

There needs to be some kind of enforcement because it is otherwise unfair to people who had their accounts closed for 1 violation..

I am not happy to see someone lose a good income, but I am also not happy that someone is stealing my image..

as for the title: you may find it harsh but I had no idea about "highlegstudio" and I thought it was "one person" stealing from many designers (not just me) at first..

I hope it is "only" my image and nothing else..

I don't want anyone to be punished more than they deserve.. But there has to be some kind of consequences..

We did submit only work we own, or so I thought. That image is from the when we started out with creating and submitting illustrations and learn along the way that people/designers are not always fair to one another.

I really understand you point of view and hope this won't happen again.



 

7
Also, I notice you haven't bothered to take down the offending images from your portfolios on other sites yet. Shouldn't you be doing that as a priority?

We just found out about this today, it will be done.

8
I also do not like the weasel words, I believe Cidepix's  files weren't just used for inspiration, I believe his files were downloaded, changed and reupoaded as yours (just an opinion), but I will still make a serious suggestion to you.

I predict that your portfolio will probably be reinstated. Before that happens, you need to ensure that you delete all the vectors from the artist/s that produced the Cidepix rip offs and also the Santa sleigh illustration. On all the stock sites and your own, not just SS

Then you need to take down everything that has used a photo from Google as a source to create an illustration of an animal (there are a few that seem familiar to me, as well as that gorilla)

Because believe me, if they catch you on one more infringement you will be getting a permanent ban, and I for one don't want to see all those artists out of a job because of one or two people-- or poor curating by an art editor.

What do you mean by weasel words? I can assure you that the files were not downloaded and re-uploaded, but indeed our designer used his files to create the one in our portfolio. The files will be removed for sure. My guys will also remove the files that were posted here as inspired from others.

I didn't post here to be accused, I tried to answer and let you guys know that we are serious and we try to fix this. I could have easily leave it like that and move on.



 

9
... We are very sorry and we apologize to the user"cidepix" that one of our designers was over inspired from his design to create the one in our portfolio. ...

So you actually admit that one of your designers gets "inspiration" from other Shutterstock contributors. Don't you think this would ba a little too close for comfort to copy from a person that also submits their work to the very same stock agency? This is ruthless behavior.

Quote
Once our account will be reinstated we will remove the image if Shutterstock will not do it.
Reinstated? Your portfolio was removed for a reason. I wonder how SS would allow your port to go back online.

I cannot see SS allowing these guys to go back online under the same pseudonym. It's obviously an open secret that these guys will try anything to open new accounts and do the same thing all over again since they believe they didn't do anything wrong.

WOW.

What I admit is that one of the designers we employed created an image 4 years ago from someone else's work, I didn't approve that and I surely didn't encourage it.

Our portfolio is suspended, we had one image from 40000, I don't think they would remove our entire portfolio.

10
Hi everyone,

My name is Alex Dumitru and I'm one of the partners at Brainik (brainik.com) the company that owns the account "highlegstudio" on Shutterstock along with other web properties mentioned in this thread.

We are a design studio based in Romania and in the last 5 years we had over 25 designers that worked to create the portfolio we have, as you can imagine 40k vector images are not easy to create. All the vectors on Shutterstock are created inhouse by our designers with our own design elements (we create and sell vector elements and more on couple of websites).

We take very serious copyright infringement and we would have never uploaded this image if we knew that it was a copy of someone else's work. We are very sorry and we apologize to the user"cidepix" that one of our designers was over inspired from his design to create the one in our portfolio. Once our account will be reinstated we will remove the image if Shutterstock will not do it.

As designers (or design studio) we understand how is to have your work stolen very well because others have stolen from us, released for free on websites and on torrents and even more.

That being said the title of the thread is a bit harsh and a lot of the things said here were exaggerated. We didn't want to steal anything, it was just a mistake and again we are very sorry for it.

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