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Messages - Brasilnut

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651
Maybe the mannequins recognised themselves?

652
Anybody working with Unsplash/Pexels/Pixabay is indirectly aiding and abetting criminal activity. Now we have Canva partnering up with them and spinning like it's such a great deal for us!


653
Here's a reply from Alamy for the image below of the man holding a selfie stick licensed as PU:

Quote
Hi Alex Weve had a look and it seems the person who bought the image for personal use is the person depicted in the image so we wouldnt see this as suspicious.

Personal use licenses cover things like a personal print, a gift, a personal report, artist reference etc.

Now, that settles the issue, right? LOL. Im proud of my keywording since a buyer was able to find himself among the 100+ million images!

Now, Im looking to contact this buyer to see if he can track down my long-lost high school sweetheart, as well as investigate who murdered JFK and whether Tupac and Elvis are still alive!

I love you, Alamy but please don't treat me like I was born yesterday...

654
I've just published a controversial post highlighting that most of my 9 "Personal / Home usage" license sales on Alamy appear to be misuses by buyers (such as the attached image). I'm not alone and this issue has been highlighted at the Alamy forum for years.

Has it happened to you?

See details within:

https://brutallyhonestmicrostock.com/2019/05/27/lets-discuss-alamy-personal-usage-licenses-misuse/

655
Response for my request to close the account was pretty quick, but apparently, they refuse to pay the balance (it is below threshold).
Per membership agreement, "Cancelled accounts forfeit the rights to any accumulated earnings, credits, or subscriptions. No refunds will be made."
I am wondering, how this can be legal?

I forfeited a whole $4 after 2 years.

656
iStockPhoto.com / Re: Downloads for April avaliable
« on: May 19, 2019, 20:33 »
wish i didnt look...

657
Canva / Pixabay & Canva Partnering, "exciting news"
« on: May 18, 2019, 09:03 »
Friend of mine received this email from Pixabay with an "exciting news" of partnering with Canva.

This is surely directly linked to the acquisition by Canva of Pixabay and Pexels:

https://techcrunch.com/2019/05/17/australias-design-unicorn-canva-picks-up-two-free-image-sharing-services-and-launches-new-photo-product/

Quote
Hello,

As one of our valued contributors on Pixabay, wed like to share some exciting news with you first hand!

Very shortly, well be announcing that Pixabay is officially partnering with Canva, the worlds fastest growing online design community.

Were excited about partnering with Canva because we share a common vision. Our mission of empowering creators with amazing free content ties perfectly with Canvas mission of empowering the world to design.

Teaming up with Canva will mean that we can better connect Pixabay contributors with people that want to use your images and videos and increase the exposure of your content, as Canva is used by over 15 million users across 190 countries worldwide.

** What happens next **

Pixabay will still remain Pixabay, but even better!

By partnering with Canva, well be able to better support the growing number of images and videos uploaded everyday. It also gives us the ability to build the right tools and features to help you focus on what you do best, creating beautiful content to share with the world!

In short, Pixabay will continue to be a standalone platform and we are as committed to achieving our mission as we were on day one.

We look forward to the next chapter of Pixabays future. If you have any questions or concerns, dont hesitate to write us at [email protected].

We appreciate your feedback and continued support.

Simon & Hans
Pixabay Founders

fml.

658
the DMCA protects the stock agencies.

however, I am pretty sure there is a copyright law that predates the DMCA that states that once they know there is infringement, they become liable from that date. so even if you are not the owner, the site is still liable if they do not take any action.

Need more research but there appears to be a case made for breach of duty of care towards shareholders and clients. If I recall from my negligence / tort law school days, it goes something like this in a common-law jurisdiction (mainly for personal injury claims / medical negligence, but would also apply in this case, i believe):

1. Establish a duty of care between SS and its shareholders, clients and contributors: A duty of care is a legal obligation which is imposed on a legal entity requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

2. Breach of such duty of care by action or omission: In this case, by being aware of a tort and not taking action (omission). They may argue that they set up DMCA procedures but may be counter-argued that it's insufficient. This is also known as "corporate neglect", for example, a car-company knew about a serious defect and did nothing about it.

3. Causation leading to damage (cause in fact): This may be the trickiest of all. To prove that the thieves led to economic damage / reputation damage to the company. First, one needs to know the extend of thievery to have any notion. On an individual cases it may be easier, such as the Ansel Adams...if a SS buyer purchased a license to such image for a book cover as an EL and printed 1million copies.

659
SS's in-house Legal team has obviously advised their management that in order to escape the brunt of legal issues, they just has to follow the DMCA procedures. This is wholly inadequate since the copyright owner is left in the dark in the vast majority of cases.

However, no such procedure was followed when they've removed the user passing off Ansel Adams's Snake River. Simply had to tag SS's top management on twitter, including Jon Oringer. If you do spot these fraudulent accounts, do post it on the SS forum and twitter. They'll shut down threads but simply start a new one. Latest one here:

https://forums.submit.shutterstock.com/topic/95117-another-thief-among-us/page/5/#comments

Public shaming of thieves is by far the most effective way to combat this issue. A few mistakes will be made along the way but that's why there needs to be a robust procedure in place.

I really do want to help them out and in talks but they're really expecting me to do their work for free, really. Shocking. 

Part of the problem are those scummy free download sites: Pexels, Pixabay, Unsplash, etc but that's another issue related to the devaluing of their/our work.

660
Lowest earner and one of the strictest. What a bad combination.

661
Alamy.com / Re: Have sales plummeted for all or just me?
« on: May 08, 2019, 09:29 »
It's been quiet past two months but Alamy can surprise with some huge prices...

On a serious note, I've recently had two suspicious "personal usage licenses" recently that would in no way be appropriate in someone's living room wall. They are investigating and seems to be a re-occurring issue. Anybody else had this issue?

It's not as worrying as the SS wackamoles but annoying that some buyers are gaming the system and purposely choosing the cheaper license to use commercially (in this case only $10). To be continued.


662
Shutterstock.com / Re: How rare are Enhanced sales?
« on: May 06, 2019, 09:10 »
They should change the name to UL = Unicorn License

663
The lead up to the IPO and IPO itself may have been a significant factor towards SS's ascending "interest over time"

664
Adobe Stock / Re: No sell this morning
« on: May 01, 2019, 08:24 »
International Workers' Day, also known as Workers' Day, Labour Day in some countries and often referred to as May Day, is a celebration of labourers and the working classes that is promoted by the international labour movement which occurs every year on May Day, an ancient European spring festival. Wikipedia

Date: Wednesday, May 1, 2019

Also called: May Day

665
April 2019 earnings report is out with a special Turd of the Month Award!

https://brutallyhonestmicrostock.com/2019/04/30/brutally-honest-earnings-report-april-2019-including-turd-of-the-month-agency/
Thanks for posting. I would have thought Wemark should be the turd contenders. I have uploading on hold until I see some evidence they have sold anything!!!!

Thanks! Certainly strong contenders for the next months. I'm willing to give them a bit more time though...

I believe that Steve has had a few sales on there, so that's encouraging.

667
Ooops Arcangel not touching these Jerusalem disaster pics. Frustrating.

Too hot to handle in the Holy Land, literally!

668
I would be interested to know what happens if you ever get the chance to pursue someone via lawyer for misuse/thief of images.

I dont hear of too many successful pursuits in this area, which is why I think that many contributers are resigned to stay with micros like SS even though they have a could care less attitude.

Respect for taking a bold move like this, and wishing you success.
I wouldn't be at all surprised if any successful action would include a non-disclosure agreement unfortunately. Personally I wouldn't allow them in any circumstances.

What SS don't want is the extent of thievery being disclosed in the public sphere as has been done. Although it's understandable that they wish to product their interests, it shows their lack of transparency and conservatism.

With the above in mind, I've made a proposal to them to help wack those moles and keep it out of record, even going as far as signing a NDA. Waiting for an answer but have no expectations. This would, in my opinion, be a fair compromise and help to achieve some of the aims set out in the original wackamole thread.

669
Thanks everybody for your comments. Yes Jerusalem is a tricky place at the best of times.

For the micros, can't go wrong with good old fashioned climate change!



670
oops wrong thread.


671
Commercial.


673
With all the comments above (thanks), I've decided to place the more contentious works as RM on Arcangel for niche book covers, although no guarantee they will take them.

For microstock, doesn't make sense and could easily fall into the wrong hands and/or people would be easily offended.

674
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Shutterstock should be ashamed of themselves for removing their forum thread about this, essentially condoning the theft.

It's been agreed between contributors that once a thread has been taken down, another one will re-appear ad nauseam.

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Actually, the SS photo does belong to Adam:

FML, worse than I thought.

675
double post.

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