Is small claims court an option? In Canada, claims of up to 25000 can be made in small claims court. This would vary by country but could save you some lawyer fees.

John

No, I'm from Canada but the copyright infringement is in another country, we need to use to claims in that country we cannot use Canada's legislation for this

Quote from: SpaceStockFootage on October 28, 2016, 03:55

...You're absolutely right, but you're also splitting hairs slightly. I mean, it's a graphical symbol meant to represent an event, and a brand, across all of their marketing channels. If that doesn't constitute a logo then it's pretty * close... it's not like such a case would get laughed out of court.

Are you seriously suggesting that the guy should forget about the rules of Shutterstock being broken, and his intellectual property rights being breached, just because there's a slight chance that the logo might not be a logo, when in every conceivable way... it does seem to be a logo?...

Splitting hairs is what lawyers do. At the hourly rates they charge, that can be very costly for their clients. In the US with contingency fees being legal (not the case everywhere) sometimes if you have the possibility of a huge payout, a lawyer will take a case on a contingency basis.

If you have large companies, governments or rich clients on one side, you have to consider the practicalities of the chance of winning and the costs of doing so, weighing that against the largest possible payout you think you could get. If you win and it costs you more in legal fees than your judgment, what's the point?

It's in the contributor's best financial interests to try and resolve this without a lawsuit, IMO. In addition to the issues of making the details of your case , you've got five countries involved, apparently, and possibly another country where the agency is. Which court do you take this to?

The OP mentioned that the countries are rich - not sure what that has to do with anything regarding the infringement issue, but it probably means they can outspend a stock illustrator in a legal fight. Legal battles are typically long, costly and ugly.

I can only lawsuit them in their country... or go public to the medias which I think they wouldn't like for such a vast coverage. In any case it's in progress right now, will post back in a month or so when all this is over.

Quote from: Morphart on October 28, 2016, 09:06

I have a graphic design company which I run for 10 years now. A logo doesn't have to be trademarked. By definition, a logo is a graphic mark, emblem, or symbol commonly used by commercial enterprises, organizations and even individuals to aid and promote instant public recognition. Logos are either purely graphic (symbols/icons) or are composed of the name of the organization (a logotype or wordmark).

So, how is a commercial enterprise, organization or individual supposed to use an image like this, if not to promote public recognition of their company, event or product?

It's essentially an icon, something that iconifies something.

Normally these images were made for Tattoo design and decals. This can be used for tatoo or part of a background design for print or web. Anything but a logo.

Right.  Are you envisioning people framing your illustrations for their walls?  This is what people use stock imagery for.  To accompany, illustrate and draw attention to something.  All those sports mascot illustrations?  They're used all the time for high school teams or sports bars or whatever.  Doesn't make it a logo.  A logo is protectable.  Obviously, this isn't, since you're still selling the illustration royalty free.

Sean, I have sold 262 352 illustrations license so far on Shutterstock, don't worry, I'm not shocked that people use my material.  But they have to use it for the license they paid for. If they pay me 0.38$, I will make sure they don't do international campaign and unlimited print. If they buy extended license, fine (which haven't been bought for this image). But extended license or not, they can't claim the image and make it part of their governemental logo without buying the copyrights of it. Period.

I thought everyone knew what their license implied here. From shutterstock licensing page:

What is not allowed with Shutterstock Licenses?
    Logos, trademark, or similar applications of images

You may not:
    Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

My lawyer says he is struck as it's exactly my illustration they used and we have a very solid case. I was just wondering insight here of other illustrator and how much compensation and price they would ask for such an extensive use of your illustration. (Same as a model would price a shooting depending on the use you will do with their image).

Maybe you should ask at SS first, just for their opinion, is that kind of usage allowed, etc...

Yes I have asked them but my guess is that they will check on their own interest not sure they will defend the copyrights of their contributor. Gettyimages does but contributors must be exclusive. But no using any images as a logo is prohibited by any agencies. I sold full copyrights before to companies around the world to have my image removed from Microstock and have them use it as a logo, but for this they pay the high price. For this one, it's used overmassively and I received no compensation from it.

Right.  I don't know if an image.illustration being used to promote an event is really a "logo".  I mean an illustration gets used like that.

It's not to promote an event. They created a coalition for defense with 5 contries. They used my illustration, put 5 flags around it and made a logo out of it. They use it to promote their coalition. Like I said on flags, TV shows, road ads, stationnary etc.

I am not sure how this works as it isn't a commercial logo. Have they tried to trademark it? I wonder if a designer has tried to claim it was their work.

Be it a commercial or personal or governmental logo, they are still using my image in a logo. I guess the one who sold it to they claimed it was original work, but it's not a small thing.

Quote from: Morphart on October 27, 2016, 15:23

I cannot know for sure, I only see so many youtube videos, one showing a dilligent speaking on TV with a tribune showing my Illustration, then five countries armies with trumpets looking at a flag being raised... with my Illustration on it...

It's kind of big but not sure what leverage I have.

Without any more details than you've given, I don't think you have any reason to complain about their uses of your illustration.

If there are limits on numbers of impressions (print) that they've violated, they'd need an extended license. If they are distributing your vector as part of a press kit, then that's effectively a template (forbidden at some agencies; extended license at others). If they're selling tee shirts with your eagle on it then they need an extended license, but if they're just giving away swag at these meetings, then they're fine with a standard license (print run limits still apply).

The rule about no logos is that the buyer cannot copyright or trademark something with your copyrighted artwork in it. If someone uses your artwork in all their materials knowing that they can't trademark it as their logo, there's nothing to stop them licensing royalty free artwork for that purpose.

The license clearly states that it cannot be used as a logo. They use it on the tribune the guy on TV speaks from, they use it on a Flag with thousands of people there, they use it on all their army trucks.

Anyhow will make my own pricing and go forward with this, I thought to have better insight here as I have had in the past.

Hi!
[I EDITED THIS THREAD TO KEEP THE MATTER CONFIDENTIAL AS PER THE FRIENDLY SETTLEMENT I RECEIVED]

I stumbled on something major in regards to one of my Illustration. I have an illustration on sale on Shutterstock and a few other sites. Each licenses clearly states that the illustration cannot be used in a logo or to promote a trademark or service.

My illustration is now being used by a government and use in all medias (Video, prints, gifts).

I am in the process of talking with a lawyer but the asking price for this for me is confusing. They are very rich countries, but I want a fair price while considering that they did not ask or paid me anything and considering the HUGE media coverage of the image and considering they are a government and should know better.

What would you do and how much would you ask?

I'm sorry for now I cannot disclose all the images and proof before an action is taken or before I give them the chance to answer to the claim.

Hi,
I have a case concerning compress files eps and jpg:
- I have a group of files eps and jpg. In this group there are a pair of the same name (vector1.eps and vector1.jpg; vector2.eps and vector2.jpg etc.)
- I would like to select all the files together and have it automatically compress to zip files, which will join my pairs and will have names vector1.zip, vector2.zip etc.

Is it possible in any program?

Contact me in Message, i have a script with 7za zip to do this.

Thanks for sharing. I've tried also the web uploader with limited success. I'm still daydreaming of the days when we could simply upload everything without checking, and submitting it all in the same day without issues.

I was hoping I was doing something wrong .

Is it a pay raise?  750 images for $199 means you would get something like 8 or 9 cents per sale doesn't it?

Shutterstock is 199$ per month for 750 and they still give .38$ per download. They do those plans as most users do not download 750 every month but download for use.

Paypal of course always said that was not possible. But it's possible if you follow the steps and link it as a US bank account even if it's a Canadian US banking account.

Quote from: Morphart on March 20, 2015, 10:01

Quote from: lopolo on March 19, 2015, 10:31

I dont undeerstand why the rate of the canadien vs usd is not the same. I transfert cash 3 week ago and the rate was 1.26 but for paypal the rate is Exchange rate:   
1 U.S. Dollar = 1.2297 Canadian Dollars

I think i will stop using paypal. Just take a look of your rate and let me know is paypal is fair with you

Hi!

The solution I found is to open a USD Canadian banking account with RBC (Royal Bank). There are some steps to follow to correctly link the account to paypal afterward:
1- Log into PayPal and click on My Account, then Withdraw followed by Transfer funds to your bank account. In the Withdraw Funds by Electronic Transfer page click on 2- Add Bank Account.
3- In the Add a Bank Account page, select �United States� as Country and type in �Royal Bank of Canada� as the Bank Name.
4- Enter the 9-digit routing number exactly as suggested by the graphic. Royal Bank�s routing number is �026004093�.
5-Since the trick is to get the account number correct, ignore the example suggested by the graphic. Instead, enter the five-digit transit number of your account followed by your actual account number. You can also get the exact sequence of numbers (transit number followed by account number) from your monthly statement or online.
6-Re-enter the account number and click Continue. Wait for PayPal to make two small deposits into your bank account and then confirm that you have added the bank account successfully in PayPal by entering how much was deposited.
7- Once confirmed, your US-dollar account will show up in the To field in the Withdraw Funds page and you should be able to transfer funds in US dollars into your USD chequing account.

Using this I get the withdrawal process Faster, with no Fees, and I do the conversion (or not) in my RBC account.

I have a USD account at a Canadian bank and I wanted to be able to move USD in both directions without converting the funds. I asked PayPal about linking my Canadian USD bank account to my PayPal USD account and they said it can't be done. That was several months ago. Have things changed? Can you send USD in both directions?

I am principally interested in buying portfolios of videos and usually pay around 2 years worth of sales income.

In the last two years I bought 5 microstock portfolios, and I also bought them for 2 years worth of sales incomes based on the last year's revenue. (sometime it ends up 3 years when less profitable).

Many who sells wants either:
- Out of this business: They cash out and invest in new opportunities which gives them 2 years to start something they like to do more, or is more profitable.
- Want to buy new equipment, and redo a better and higher quality portfolio. When I buy, I base myself on the income it generates more than on the quality of the work. However creators sometimes don't like what they produced 4 years ago, and wish to do a new start with high end equipment.
- Cash out and develop and start a new business.

I currently have an offer from a company who has 50k high end vector illustration in a selected, and generates 150k to 200k income yearly. Even if it's profitable they still wish to cash out and spend time in new technologies development like video streaming on demand.

Whoever wish to sell has their own reasons. We buy the copyrights of the files so that we can continue generating income from there. We take some risk but in the we trust Microstock will not change drastically in the 2-3 years following the transaction to start making profit.

If you are interested in an exit from this business and wish to negotiate the sale of your portfolio you can contact me in PM. I would love to have a Photo portfolio, but I will also buy Video or Illustrations portfolio. I prefer portfolios who generates from 1500$ to 5000$ per month and will pay from 2 to 3 years income depending on possibility to expand the portfolio through other sites or not (if the portfolio is submitted to all main sites or not).

Thanks!

Just opted-out, thanks for the thread!