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Messages - eyewave

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76
Shutterstock.com / Re: Composition Aware Search tool announced
« on: October 13, 2017, 01:58 »
Just playing around with it a bit suggests that it could grow into something interesting, although it might need some rethinking about what search input is. For example, if I wanted an image with a woman on both the left and right of the image and copy space in the center, I can't use the little box where I move around tokens to find that as I only get one "woman" token for the single search term.

Tried the same search.
You can add the keyword "woman" twice  - and walla, there's two women tokens and then two women in at least some of the returned images, two images were exactly like what you asked for.

77
I've just had discussion with a shop owner on Etsy and she claims that Getty agreed with the resale of modified files purchased with Extended Licence. If this is truth, then perhaps Getty is to blame in this case.


What does 'modified' mean?


I got a similar mail from the owner of the etsy shop that sold my image (and was taken down after my complaint) Here's what she wrote and my reply regarding "modification":

Quote from: etsy_shop_owner
Hello Oliver,



My name is Amy and I am from Hello Gorgeous Wall Art on Etsy. I received a notice from Etsy on September 20th that a claim has been filed against me that states I am infringing on your intellectual property by selling digital art using a photograph unauthorized by you.

I am writing in response to your claim. I have legally purchased and licensed the photograph from iStock under the appropriate enhanced license and I am in full legal compliance to sell my file on Etsy.



http://www.istockphoto.com/photo/grand-canary-beach-aerial-view-gm497549897-41841904



When I started my shop on Etsy I had a lengthy conversation with iStock. I told them I was interested in selling digital art on Etsy and asked them specifically which imagery can I use to create my files and which ones cant I use. I specifically asked them how can I use the imagery and how am I not allowed to use it. I asked if I can sell my created files that include imagery on Etsy or on any print-on-demand website. I asked that if I am, in fact, allowed to sell them on print-on-demand websites, what do I need to adhere to regarding using any imagery to create my files. And lastly, I asked how can I be assured I am not going to breach any license agreement or find myself in any legal claims made by the original artists or photographers.



iStock informed me that I can use any image on iStock as long as:

1. It comes specifically from the Essentials collection.
2. It is purchased under the extended license.
3. The image is modified and that I have the Photoshop files to show how it was modified.

I was told that as long as all three of the conditions above are met, I can sell my modified art file as a digital product on Etsy and can also use the art as print-on-demand art for selling on print-on-demand websites.

The original image I purchased in reference to your claim is from the Essentials collection, I purchased it under the enhanced license, and I have modified it to create a my new file. I have met all three conditions listed above and I am legally in compliance.



It states very clearly in the Content License Agreement Section 4c that no image can be resold as a standalone file (meaning just the content file itself, separate from the project or end use). It was explained to me that standalone means just the purchased file itself, that I cannot purchase the file, even if under the extended license, and resell it as is, untouched. They clearly stated that as long as I change the original image and modify it in a new file (a project), it is no longer the original standalone file. They added that as long as I have the Photoshop file to show that the original image is modified, then I am legally allowed to sell my file.



I do not use, purchase, or sell images from a site called Dreamstime and I had never heard of that website until now.

After consulting with my legal council regarding this claim, we are confident that this claim made against me on Etsy will be retracted as soon as possible.

And further, that you inform your representative that his assumptions are incorrect and may possibly damage my reputation and business.

And I assume that he will further post a retraction on the Micro Site Group forum where he originally mis-stated that I do not have the legal right to sell my image.


Amy Peterson


My reply:
"Hi Amy,

you might have purchased an EL for my work on stock and I believe you that you acted in good faith, when you put that file on etsy.
But let me explain why you are still infringing on my intellectual property:

I sell Extended Licenses of this file quite often on dreamstime, since it is offered as physical wall art by major companies like Bed, Bath and Beyond and others. They purchase an EL for every canvas print they sell.
Now, dreamstime has a reverse search feature (like google images), so I can see where my images are in use. This is how I found my image in your etsy shop. This goes to show, that you didnt modify my image in a way that makes it a standalone work. Actually, as far as I remember, you just cropped it and made it a tad brighter. This is not enough to offer digital downloads, neither by the TOS of istock nor by etsys Intellectual Property Policy. If it was legal, it could easily destroy istock's business as well as the businesses of thousands of photographers.

Rest assured, if you continue to sell my file I can and will inform every single photographer whose works you are selling and in an instant youll receive tons of DMCA complaints and your shop will be closed faster than you can spell copyright

Regards

Oliver"

78
Just found another etsy member reselling images, here's an example with one of my photos

https://www.etsy.com/de/listing/517053752/beach-photography-aerial-people-on-the#item-reporter%3Ffrom_reg%3D2%26joined%3D1

My original:
https://www.dreamstime.com/stock-images-beach-scene-aerial-view-image20325324

That seller has had 3385 sales and I bet none of the photos is her own work

Very surprised to see that etsy took the file down just hours after I claimed my copyright to the file. Wonders happen!

79
Just found another etsy member reselling images, here's an example with one of my photos

https://www.etsy.com/de/listing/517053752/beach-photography-aerial-people-on-the#item-reporter%3Ffrom_reg%3D2%26joined%3D1

My original:
https://www.dreamstime.com/stock-images-beach-scene-aerial-view-image20325324

That seller has had 3385 sales and I bet none of the photos is her own work

80
General Stock Discussion / Re: JULY SALES
« on: August 01, 2017, 01:57 »
Worst month for years unless IS rides to the rescue (unlikely).
:(

Same here.
SS: worst month since Feb. 2014 (despite my files having doubled)
FT: worst month in about 2 years
Stock: worst month since 2010 (but who cares anyway)

81
I don't think many people in Europe get a month off either. Maybe only teachers?
Correct

Incorrect: In another life when I dealt with German and French companies deliveries had to be scheduled round August shutdowns when entire companies would be unavailable through out August.


That happens only in France. In Germany it's the exception.

82
What about vectors?

Obviously the 15MB restriction still applies.

83
iStockPhoto.com / Re: May Statement is available
« on: June 17, 2017, 04:36 »
Down 18% from April. Worst month since 2010.
216 dls netting 0.20 or less.
When it goes another 20% down I'll quit iFlop.

84

Ich frage mich die ganze Zeit warum der alte Verteilungsplan auer Kraft gesetzt wird bevor ein neuer existiert.
Wre es nicht sinnvoller nach dem alten Verteilungsplan auszuschten bis der Neue einsatzbereit ist.
Und warum wird nichts bekannt ber den neuen Verteilungsplan?


ja, da bin ich auch drber gestolpert. Es soll ja schon im Dezember ein neuer Verteilungsplan entwickelt und beschlossen worden sein, aber wie funktioniert der?
Meine ca. 3000 online-Meldungen fr 2016 und 17 sind jedenfalls nicht mehr sichtbar; worauf soll also die Verteilung basieren - und warum rckwirkend auch fr 2016?
Wenn, wie bei "Privatkopie analog" nur ein Aufschlag auf die Buchmeldungen ausgezahlt werden wrde, she es fr mich und andere Microstocker wohl ziemlich schlecht aus.

Ich werde auf jeden Fall gegen die Verschiebung (Antrag 9) stimmen, insbesondere auch da die BildKunst derzeit (wenn ich die Zahlen richtig lese) 185 Mio Euro in der Kasse hat.
Und auch, wenn das nur symbolische Kraft hat, gegen die Entlastung des Vorstandes (Antrag 4).

85
General Photography Discussion / Re: Morocco - Marrakech
« on: March 16, 2017, 03:20 »
Been to Marrakesh for four days a year ago and it was definitely worthwhile - not in terms of income through microstock, though; only one of the shots I took became a good seller, here's my small gallery at shutter (I've got some more at Alamy):
https://www.shutterstock.com/g/eyewave/sets/13495149?rid=82089

I haven't heard that tripods were forbidden, but they won't be of use in the crowded city anyway, you barely have enough room to stand safely due to motorcyclists ignoring all traffic rules :o
You will also notice that most people don't want their photo taken - unless they are a shopholder and you buy something in advance ::)

I recommend you take an off-road tour to the Atlas mountains with a guide, though we didn't feel safe all the time (especially when we were stopped by the police and the driver didn't have proper documents and later when he stopped in a remote village to buy some apples for the family and left us at the car next to an illegal junkyard and surrounded by groups of unemployed villagers) it was a nice trip; after visiting some touristic locations and many photo stops in the mountains he took us to his family's home in another small berber village where we had a great original berber lunch.

Some helpful tips:
Stay away from unfrequented parks and gardens, unless you are a dog whisperer.
If you are asked by someone (even kids) if they could guide you to any given location, never agree.
If you were asking for the way, there'd be a 50 percent chance you'd get a wrong answer.
Don't direct your camera to officials.
Spend some money (preferrably Euros) and you'll get any help you need.
If it is possible, stay a night or two in a luxury desert camp (Glamping) and enjoy the night sky.

Enjoy your trip and feel free to ask anything more.

86
Canva / Re: Canva email address?
« on: February 14, 2017, 05:23 »
lee [at] canva.com

87
it's the STABILO highlighter, i even got vectors rejected for the protected shape.

Besides that,  i guess the isolation is not done very well

88
General Stock Discussion / Re: Your Single Best Day Ever
« on: December 16, 2016, 10:19 »
Time for some bragging ;)
On April 28 this year I had 4 sales at Alamy, together netting $2,531.24

Happens only once in ten years, though

89
General Stock Discussion / Re: How was your November?
« on: December 01, 2016, 07:53 »
SS further slightly down, even from the worst October in years
FT slightly better, but still far from BME
DT well above average
123 slightly above average
Alamy 3rd BME
istock can't really get worse, lowest number of regular downloads in 7 years

90
Adobe Stock / Re: Unusual activity at Adobe/Fotolia - anyone else?
« on: November 18, 2016, 06:29 »

Some sort of a birthday present from friends of yours? :) We only had 3 pictures sold at the same time today. Office work related too. I guess those ones were sold in France since the inscription in the email was "0,27 Crdit". There were Credits, credits, crditos, балл and クレジット for different sales earlier :)

No, it's neither my birthday nor have I friends ;)

All sales were assigned with 0,33 credits.

91
Alamy.com / Re: Alamy search doesn't work well
« on: November 18, 2016, 04:02 »
I am wondering why I don't get any sales and now I see. When I search on the Alamy front page with keywords, it fails to bring up my images even though I have ALL the keywords I put in the search. I have looked carefully at my images, checked all the keywords are there and yet the search engine fails to show them. This is why I don't get sales I believe because their algorythm fails.

Examples?

92
Adobe Stock / Unusual activity at Adobe/Fotolia - anyone else?
« on: November 18, 2016, 03:07 »
Sold more than 200 files within slightly more than one hour tonight, all subs, mostly old files (some unsold until today), almost all isolated on white - a lot of office and education related files (pencils, folders) and picture frames. About 100 were vectors, mostly flat design icon sets.  Strange, isn't it? Hope I won't find them on a pirate site tomorrow.

As a side effect my FT weekly rank went up from 1,060 to 249 (which can't be bad).

Anyone with similar experiences?

93
Shutterstock.com / Re: Editorial vs. commercial
« on: November 12, 2016, 05:33 »
I recently got one image rejected for "dust spots", and indeed there was one or two spots there. Now, how would machine know that?

That's the easiest task for a machine.

94
Have you received your cheque? We are testing this method too because of fees too high at Skrill to high.

Still not here yet.

95
Shutterstock.com / Re: October results
« on: November 01, 2016, 03:05 »
Very bad month at SS. 10% down from Sep, 20% down compared to Oct 15, 25% down compared to Oct 14.
Worst month since Jan 14. Looks like Dumc got all my Els and SODs

96
iStockPhoto.com / Re: iStock Royalty Change
« on: October 26, 2016, 04:31 »
These changes and then 7 refunds in a row - that's too much.
In stead of having breakfast this morning and starting to work I manually cancelled more than 100 recent uploads and started deactivating files (170 already and counting).

97
Any experiences, especially someone from Germany?
I wanted to avoid Skrill, they raised their prices (again), but haven't got the September cheque yet

98
General Stock Discussion / Re: Be careful to an illegal free stock
« on: September 26, 2016, 03:33 »
Found three of mine and sent DMCA notice to them and also to their webhoster -  email: [email protected]

99
"Please note that we will only consider deactivating files for legal or similar justifiable reasons as it provides a negative experience for customers when files are suddenly unavailable for license. "

As I read this, we could still deactivate files when we make them exclusive elsewhere (DT or FT) or sell them as RM at Alamy. These are "legal or justifiable reasons". For pictures with people we could just remove the Model Release.

100

How Little Money are we talking for the extender? It's the 1.4? 


Sent a PM.

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