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Messages - elbud

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1
General Stock Discussion / Picsastock?
« on: February 11, 2014, 14:51 »
Hey,

Does anybody know anything about https://www.picsastock.com ?
Just got approached by them, are they worth my time?

thanks! 8)

2
I am a lawyer, educated in both common law (US) and civil law (continental Europe) jurisdictions, but not a trial lawyer, and matters relating to evidence are very different internationally. So take what I say with a huge lump of salt. BUT:

Civil Law

From my experience, the burden of proof and the parties credibility will decide cases like this. You as a claimant have the burdon of proof initially, but you bring all the evidence you can -- screencaps, correspondence (your take-down letter and possible replies), witnesses that saw the image on the site (give us a link, we all become witnesses then) -- and you make your case. At that point, the burden shifts to the other party to state that it didn't happen the way you say it did. Since you were telling the truth, that would mean lying in court (=prison time). Many people will not outright lie to a judge, and even if they do, they will not be particularly convincing. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle at some point.

Common Law (US)

You make your case to the judge and back it up with what evidence you have (see above). This, since you are telling the truth, will likely be convincing enough for the judge to order pre-trial discovery. This will force the other side to hand you over their records, including possible backups of the site that contain evidence of what you say. If they claim there are no such records or tamper with them (i.e. lie to the judge), that is contempt of court (=prison time) and if their attorneys are complicit in it, they are likely to lose their license. So if you got your stuff together and did your homework, you have a fair chance of winning. Most likely, the case will settle before discovery if it is ordered (because discovery is expensive and annoying).


Thank you very much!!!  ;D

3
How much would your damages be?  The cost of a website sized image from 123RF?  I don't think you can expect to get much from this kind of theft.

The damage does not correlate directly to the price of the image on the site. There are additional factors that come into a copyright lawsuit. I know cuz i have already won one, and my compensation was far higher than the price i would have asked for the use of the image if the image user had asked me to use it and not steal it like they did.

I am asking only about how to prove web based infringement, because they can erase it with a click, and i am certain such things had happened before with the copyright owner winning in the end.

So, anyone with such knowledge here?

4
Hey all,

I have recently found an illegal use of one of my images on a website. They didn't even took the time to erase the 123rf logo....
My question is, how do i prove they have indeed stolen my photo?
Cuz, i mean, after i send them the initial letter from the lawyer, they will probably take the images off the site, so how can i prove they were once there?
I did of course did a print screen, but they can claim i faked it and put the image there myself....

So does anyone know how i should go about on this matter? how to prove my claim?

thanks!

5
General Stock Discussion / Re: mostphotos.com info?
« on: November 08, 2013, 07:15 »
thanks :)

6
General Stock Discussion / mostphotos.com info?
« on: November 07, 2013, 09:14 »
Hey all,

Does anybody here have any knowledge and possibly data regarding mostphotos.com?
Is it worth my while to engage in uploading a portfolio containing several thousands of images?
Any good income from there?

Thanks  :D

7
General Stock Discussion / fotosearch.com ?
« on: August 21, 2013, 19:16 »
Hey all,

Upon a google image search, i have found several of my images on fotosearch.com. Actually i found them on fotosearch.ae, but i guess it's just due to a better search rating or whatever. The site is fotosearch, anyhow.
Does anyone know anything about this site? Does it belong to a bigger stock site?
These images were uploaded to several sites, but i have never heard of fotosearch.... So i wanna make sure it's not a partner site of one of the other sites before i contact them and ask them to remove my content from their servers....
If i will have to ask them that indeed, does anybody have an advice on the best approach to this?

thanks.

8
General Stock Discussion / RM license template anywhere?
« on: February 13, 2013, 12:01 »
Does anybody know where i can find a template for an RM license contract, that i can edit for my own needs?

9
Hey everyone,

Any suggestions on how to influence people to stop buying from Getty & co? I would like to drive business away from them as much as i can. They are ruining my professional life and driving me out of business. I want to retaliate. Even if by small influence, i want them to have less customers.

There should be a hashtag for this horror.

Exclusive. Full time. But not for long.
I would start be tweeting and posting to Facebook articles like the one above

ok, i did.
Never been an activist so far. Good time to start. How does one initiate a subject hashtag?

I suggest #boycottgetty

10
Hey everyone,

Any suggestions on how to influence people to stop buying from Getty & co? I would like to drive business away from them as much as i can. They are ruining my professional life and driving me out of business. I want to retaliate. Even if by small influence, i want them to have less customers.

There should be a hashtag for this horror.

Exclusive. Full time. But not for long.

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