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Author Topic: Making money with stolen content  (Read 968 times)

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« on: April 28, 2019, 06:19 »
0
After read  the  wackamoles thread I realized how weak we are. Personally I think it is a huge issue, It can kill legitimate artists.
Shutterstock, probably others too, have contributors interest at the bottom of their to do list. Actually I dont think trying to help them, signing NDA and discreetly working for free is a good idea. They try to push problems under the carpet and as long as intellectual propriety problem is not public they will not seriously act.
If it get public and shareholders and clients are informed it will be a serious motivation.
But how to do it? I dont think a discussion on MSG is the solution.
If we, individually, contact people and groups concerned by digital business, copyrights, design, art etc.  the word could be spread. I am especially thinking about journalists specialized in digital, designers magazines. If important number of people point similar problem, with factual content, real experience and link it could work.

Some ideas to work on.
- Clients can purchase unsafe content. They are paying money without guaranty that the product is legitimate. If the content was stolen inside SS the contract protect them but what if not? The copyright holder can sue the final client, he doesnt need to handle with SS as he hasnt any relation with them.
- Today it is very easy to detect identical content. That means they can track potentially stolen work. Why not to do it?
- Lack of reactivity on DCMA. Apparently sometimes only files are taken down, not contributors accounts.
- At least a part of money which was not transferred to dishonest contributor (SS pays once a month) could be easily paid to original artist but they keep this dirty money.
- The way how they want to make it opaque, lack of transparency is not appreciated by potential investors.

Maybe we can share here contacts, web sites and others idea to touch an audience that could be interested?


« Reply #1 on: April 28, 2019, 07:50 »
+8
Honestly the only thing that will work will be new legislation.

Make no mistake the DMCA it there to protect sites like Shutterstock, not copyright holders. It ensures that as long as they take down something when they receive a valid DMCA takedown notice they are protected. Take a look at my recent posts about Etsy. Their whole digital download section is almost completely made up of stolen goods, but they don't have to do a thing as long as they follow the letter of the law, no matter how obvious the criminality is, they even let the perpetrators re-list if they fill out a false counter notice.

Service providers hold all the cards at the moment and they pay massive bribes to politicians and wages to lobbyists to keep it that way. People have got very good at spotting BS from oil companies and drug companies but for some reason can't see through the nonsense from tech companies even though they are now some of (the?) biggest lobbyists out there. They need to bear some criminal responsibility if they are not reasonably vigilant about this stuff.

Side note. I know companies like Facebook actively avoid knowing about any abuses on the site as they fear becoming criminally liable if they know. I wonder if the reasoning with some of the agencies is the same? They may not want to have an employee go through looking for stuff in case they get sued if they miss anything. Again a reason to back any legislation that demands reasonable oversight from platform providers, the current framework actively encourages them to avoid taking action.
« Last Edit: April 28, 2019, 11:06 by Justanotherphotographer »

« Reply #2 on: April 28, 2019, 12:12 »
+2
Honestly the only thing that will work will be new legislation.

Make no mistake the DMCA it there to protect sites like Shutterstock, not copyright holders. It ensures that as long as they take down something when they receive a valid DMCA takedown notice they are protected. Take a look at my recent posts about Etsy. Their whole digital download section is almost completely made up of stolen goods, but they don't have to do a thing as long as they follow the letter of the law, no matter how obvious the criminality is, they even let the perpetrators re-list if they fill out a false counter notice.

Service providers hold all the cards at the moment and they pay massive bribes to politicians and wages to lobbyists to keep it that way. People have got very good at spotting BS from oil companies and drug companies but for some reason can't see through the nonsense from tech companies even though they are now some of (the?) biggest lobbyists out there. They need to bear some criminal responsibility if they are not reasonably vigilant about this stuff.

Side note. I know companies like Facebook actively avoid knowing about any abuses on the site as they fear becoming criminally liable if they know. I wonder if the reasoning with some of the agencies is the same? They may not want to have an employee go through looking for stuff in case they get sued if they miss anything. Again a reason to back any legislation that demands reasonable oversight from platform providers, the current framework actively encourages them to avoid taking action.
Your final paragraph nails it!

« Reply #3 on: April 28, 2019, 22:36 »
+2
Greetings to all. The new EU Copyright law affects certain companies that operate in Europe. Giving them a margin of time to update their software and not allow copyright infringement.

Before, with notice and 24 hours of time to remove it was enough. From now on, they must ensure, as responsible for the content on which their business is based, by avoiding material that infringes copyright. With important sanctions. Regardless of their TOS, or where they have their headquarters, or under which jurisprudence or laws the company has been constituted.

Apart from the policy, this affects completely the companies selling multimedia files. On the sidelines if the headquarters is in one country or another. Regardless of whether or not countries should agree to legislate in common international laws such as maritime, air navigation, etc.


Outside the lane where you drive in the UK, it is not good for a British driver to drive on the left in Portugal.

Therefore, to operate in Europe, there is a new law. And it is very clear, it does not matter their internal norms or users, companies must ensure the content of their platforms, putting the necessary means to avoid infringement of copyright. In specific cases. This forum is not on that list of places with the chronometer running to remedy the situation. The microstock companies, maybe they should update them. They may stop operating in the EU.
We will see it with time.
Greetings.

« Reply #4 on: April 29, 2019, 00:49 »
0
Quote
They may stop operating in the EU.

Companies evolve.
(or go out of business...)
more likely to develop exclusive contribution models (...satisfactory cut / low prices...)
or subscription packages
or other "good news" for us.

But. Perhaps there is a window here for small,
collaborative or personal selling sites though.
Perhaps.

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #5 on: April 29, 2019, 13:04 »
+2
Perhaps a class action lawsuit against places like Etsy and FAA will start getting some attention for the issue?

The more I read the cop out answers to DMCA, that they only remove an image if the artist reports it, and no one else, is absurd. Only I can report a crime against me, and no other witness can do that?

Especially troubling is, removing only images that are filed against, when some of these thieves have entire collections of stolen materials and are allowed to keep stealing and infringing.

Doesn't any lawyer want to make a big bundle of money and get this abusive ignorance changed. I know we wouldn't win, in the settlement and reward, but we would win as the laws are changed to protect our work in the future.

« Reply #6 on: April 29, 2019, 13:40 »
+1
They certainly dont believe in the see something, say something way of combating crime, do they?


 

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