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Shutterstock.com / My Account has been terminated
« on: December 07, 2017, 12:09 »
Hello my friends,
I have been using shutterstock since about 5 months. They asked me some questions about of my work. They sent me this email.
Dear F. OZCAN,
We have discovered that you are submitting content, or elements in your content, to which you may not own the copyright.
The original image(s) are located at:
<https://upload.wikimedia.org/wikipedia/commons/3/3e/Atat%C3%BCrk_TBMM%27den_%C3%A7%C4%B1karken.jpg>
Currently, we have suspended your Shutterstock account. Prior to taking any further steps, we are inviting you to respond to this claim.
At the minimum, please let us know:
1) where, when and by whom the image(s) in question was created; and
2) how you obtained the idea for the image
If it turns out that the claim is without merit we will not take any further action and your account will remain active.
Then i answered their questions like this.
1) I got this picture from the Atatrk archive. I don't know when time this photo took. But older than 79 years. Because of ATATRK died in 1938. The copyright is 70 years in Turkey. You can check these links "https://tr.wikipedia.org/wiki/Telif_hakk%C4%B1" "http://www.telifhaklari.gov.tr/Telif-Hakki-Kac-Yil-Sureyle-Korunur" so I thought it would not be a problem.
2) I thought of the idea myself.
I made such a study based on official sources at hand. If it's a problem, I can delete these works.
Thank you for your understanding.
Best Regards,
Then they sent me this email
Dear F. OZCAN,
Pursuant to Paragraph 14(d) of Shutterstock's Submitter Terms & Conditions, when you became a Shutterstock submitter you warranted and represented that: "the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available.
We discovered serious copyright infringement issues within your portfolio of images. Specifically, your image 729587650 originally found here:<https://upload.wikimedia.org/wikipedia/commons/3/3e/Atat%C3%BCrk_TBMM%27den_%C3%A7%C4%B1karken.jpg>. Based upon our investigation, we have determined that you made a material misrepresentation to Shutterstock.
Paragraph 4 of the Submitter Terms & Conditions gives Shutterstock the right to terminate any existing account " . . . for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with Shutterstock's guidelines as may be amended from time to time, or for any breach of the terms of this or any other agreement that you have with Shutterstock.
As a result of the foregoing, Shutterstock has terminated your account.
If you have earned commissions at the time of this closure, you are not entitled to these earnings per the Shutterstock Terms & Conditions you agreed upon when you became a Shutterstock contributor.
Paragraph 9(d) of the Submitter Terms & Conditions states that "If your account is terminated for a breach of the material terms of the TOS, in addition to its other rights at law or in equity, Shutterstock shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages."
Consider this matter closed. Your account will not be reinstated and you do not have permission to create a new account. If you try to open another account, our system will automatically reject you.
Regards,
By the way they have terminated my account. But i answered their questions. Copyrights is 70 year in Turkey. It happened 79 years. I sent them link for about these copyright. They're saying me "you stole photo from wikipedia" İt couldn't impossible. Cos there was no Wikipedia at that time. Wikipedia couldn't take this photo.
What can i do now? I want to use every way. Do you have any suggestions to me? I want to back my account back.
Please help me this subject!
Best Regards,
I have been using shutterstock since about 5 months. They asked me some questions about of my work. They sent me this email.
Dear F. OZCAN,
We have discovered that you are submitting content, or elements in your content, to which you may not own the copyright.
The original image(s) are located at:
<https://upload.wikimedia.org/wikipedia/commons/3/3e/Atat%C3%BCrk_TBMM%27den_%C3%A7%C4%B1karken.jpg>
Currently, we have suspended your Shutterstock account. Prior to taking any further steps, we are inviting you to respond to this claim.
At the minimum, please let us know:
1) where, when and by whom the image(s) in question was created; and
2) how you obtained the idea for the image
If it turns out that the claim is without merit we will not take any further action and your account will remain active.
Then i answered their questions like this.
1) I got this picture from the Atatrk archive. I don't know when time this photo took. But older than 79 years. Because of ATATRK died in 1938. The copyright is 70 years in Turkey. You can check these links "https://tr.wikipedia.org/wiki/Telif_hakk%C4%B1" "http://www.telifhaklari.gov.tr/Telif-Hakki-Kac-Yil-Sureyle-Korunur" so I thought it would not be a problem.
2) I thought of the idea myself.
I made such a study based on official sources at hand. If it's a problem, I can delete these works.
Thank you for your understanding.
Best Regards,
Then they sent me this email
Dear F. OZCAN,
Pursuant to Paragraph 14(d) of Shutterstock's Submitter Terms & Conditions, when you became a Shutterstock submitter you warranted and represented that: "the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available.
We discovered serious copyright infringement issues within your portfolio of images. Specifically, your image 729587650 originally found here:<https://upload.wikimedia.org/wikipedia/commons/3/3e/Atat%C3%BCrk_TBMM%27den_%C3%A7%C4%B1karken.jpg>. Based upon our investigation, we have determined that you made a material misrepresentation to Shutterstock.
Paragraph 4 of the Submitter Terms & Conditions gives Shutterstock the right to terminate any existing account " . . . for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with Shutterstock's guidelines as may be amended from time to time, or for any breach of the terms of this or any other agreement that you have with Shutterstock.
As a result of the foregoing, Shutterstock has terminated your account.
If you have earned commissions at the time of this closure, you are not entitled to these earnings per the Shutterstock Terms & Conditions you agreed upon when you became a Shutterstock contributor.
Paragraph 9(d) of the Submitter Terms & Conditions states that "If your account is terminated for a breach of the material terms of the TOS, in addition to its other rights at law or in equity, Shutterstock shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages."
Consider this matter closed. Your account will not be reinstated and you do not have permission to create a new account. If you try to open another account, our system will automatically reject you.
Regards,
By the way they have terminated my account. But i answered their questions. Copyrights is 70 year in Turkey. It happened 79 years. I sent them link for about these copyright. They're saying me "you stole photo from wikipedia" İt couldn't impossible. Cos there was no Wikipedia at that time. Wikipedia couldn't take this photo.
What can i do now? I want to use every way. Do you have any suggestions to me? I want to back my account back.
Please help me this subject!
Best Regards,
