MicrostockGroup
Agency Based Discussion => Shutterstock.com => Topic started by: wollwerth on December 07, 2020, 18:32
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I was alerted by another agency this week with which I'm exclusive, that one of my videos is still for sale on Shutterstock. See https://www.shutterstock.com/video/clip-1008267766-aerial-flyover-small-town-beaufort-south-carolina (https://www.shutterstock.com/video/clip-1008267766-aerial-flyover-small-town-beaufort-south-carolina)
I shut down my shutterstock account months ago. They removed my name from the video and kept it up for sale. Anyone else having this issue. If they don't do anything about it I'll be taking legal action.
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The T&Cs allow for retention up to 2 months before an item is removed.
But also, if the name has gone, its possible the thing cant actually be bought if someone tries to go through with it.
b. Shutterstock shall use reasonable efforts to cause Content removed from Shutterstock Websites to be removed from the websites of any Shutterstock affiliates (including co-branded websites)
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The T&Cs allow for retention up to 2 months before an item is removed.
But also, if the name has gone, its possible the thing cant actually be bought if someone tries to go through with it.
b. Shutterstock shall use reasonable efforts to cause Content removed from Shutterstock Websites to be removed from the websites of any Shutterstock affiliates (including co-branded websites)
Its been almost 6 months since I disabled my portfolio, and two since I completely closed my account.
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The T&Cs allow for retention up to 2 months before an item is removed.
But also, if the name has gone, its possible the thing cant actually be bought if someone tries to go through with it.
b. Shutterstock shall use reasonable efforts to cause Content removed from Shutterstock Websites to be removed from the websites of any Shutterstock affiliates (including co-branded websites)
The video given in the link can be bought, look.
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omg they appropriated your video.
never. upload. shutterstock. never.
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I'm so glad I stopped uploading before their new plan. Mainly because of stupid rejections.
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You stopped uploading, but you are ok still doing business with a company that appropriates assets, after accounts are closed? I don’t get it.
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If you only claim here SS will continue do it. They will claim some tech glitch "bla bla bla" again and still having sales with 100% profit. I think you should go for legal actions. BR
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Sue them. Be sure to add to the total for the anxiety this is causing you, and the erosion of your professional image.
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If you only claim here SS will continue do it. They will claim some tech glitch "bla bla bla" again and still having sales with 100% profit. I think you should go for legal actions. BR
Legal and they're very upset about bad comments on Twitter and Facebook (public, customer facing side).
Might want to consider TrustPilot too.
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I was alerted by another agency this week with which I'm exclusive, that one of my videos is still for sale on Shutterstock. See https://www.shutterstock.com/video/clip-1008267766-aerial-flyover-small-town-beaufort-south-carolina (https://www.shutterstock.com/video/clip-1008267766-aerial-flyover-small-town-beaufort-south-carolina)
I shut down my shutterstock account months ago. They removed my name from the video and kept it up for sale. Anyone else having this issue. If they don't do anything about it I'll be taking legal action.
That's not nice. Something sure is wrong with that.
(https://i.postimg.cc/SxG20KC5/ss-no-name-video-still-there.jpg)
What's odd is, if I search for Beaufort South Carolina at Night, only one image comes up, and that's not it. Odd that the image is still there, not in the search and your name isn't on it. Very strange. https://www.shutterstock.com/video/search/Beaufort%20South%20Carolina%20at%20Night (https://www.shutterstock.com/video/search/Beaufort%20South%20Carolina%20at%20Night)
And this: "Sorry, we couldn't find any results for aerial flyover small town beaufort"
How did that other agency find it? And I know, your link does work, I can see the image. :o
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If you do a search with Google and "aerial flyover small town beaufort", the first result is on Shutterstock. This is how Pond5 found it.
It look like SS keep the footage available from Google search but not from it own search engine. Clever way to say it is not their fault.
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
Look
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
I hope you get a settlement, this stinks. Get a lawyer who specializes in this kind of thing, wasn't there one for artists. Usually first consultation is free, which means, they get the details and decide if they want to handle the case or if there's a good chance of winning.
If you do a search with Google and "aerial flyover small town beaufort", the first result is on Shutterstock. This is how Pond5 found it.
It look like SS keep the footage available from Google search but not from it own search engine. Clever way to say it is not their fault.
No excuse for them to let this happen.
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
I hope you get a settlement, this stinks. Get a lawyer who specializes in this kind of thing, wasn't there one for artists. Usually first consultation is free, which means, they get the details and decide if they want to handle the case or if there's a good chance of winning.
If you do a search with Google and "aerial flyover small town beaufort", the first result is on Shutterstock. This is how Pond5 found it.
It look like SS keep the footage available from Google search but not from it own search engine. Clever way to say it is not their fault.
No excuse for them to let this happen.
I have read that Shutterstock is used to selling the contents of the accounts that they close. Remember?
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You stopped uploading, but you are ok still doing business with a company that appropriates assets, after accounts are closed? I don’t get it.
No, I'm not ok with that. I said I stopped uploading way before June 2020. After that all my videos were deleted.
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You stopped uploading, but you are ok still doing business with a company that appropriates assets, after accounts are closed? I don’t get it.
No, I'm not ok with that. I said I stopped uploading way before June 2020. After that all my videos were deleted.
Here’s what you said that I replied to: “I'm so glad I stopped uploading before their new plan. Mainly because of stupid rejections.” Where does it say you deleted your videos?
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Here’s what you said that I replied to: “I'm so glad I stopped uploading before their new plan. Mainly because of stupid rejections.” Where does it say you deleted your videos?
And where does it say I didn't deleted my videos? I just said I was out of SS way before their new plan, mainly because of stupid rejections.
You stopped uploading, but you are ok still doing business with a company that appropriates assets, after accounts are closed? I don’t get it.
On the other hand, you said I still doing business with SS even though you didn't know that. Well I'm obviously not. And I would never ever give my work, especially clips made with expensive drone for dollar or so. Also we wrote an article about that topic:
https://www.spartaq.com/en/shutterstock-rise-and-tragic-fall-of-microstock/ (https://www.spartaq.com/en/shutterstock-rise-and-tragic-fall-of-microstock/)
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Here’s what you said that I replied to: “I'm so glad I stopped uploading before their new plan. Mainly because of stupid rejections.” Where does it say you deleted your videos?
And where does it say I didn't deleted my videos? I just said I was out of SS way before their new plan, mainly because of stupid rejections.
You stopped uploading, but you are ok still doing business with a company that appropriates assets, after accounts are closed? I don’t get it.
On the other hand, you said I still doing business with SS even though you didn't know that. Well I'm obviously not. And I would never ever give my work, especially clips made with expensive drone for dollar or so. Also we wrote an article about that topic:
https://www.spartaq.com/en/shutterstock-rise-and-tragic-fall-of-microstock/ (https://www.spartaq.com/en/shutterstock-rise-and-tragic-fall-of-microstock/)
😂
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I was alerted by another agency this week with which I'm exclusive, that one of my videos is still for sale on Shutterstock. See https://www.shutterstock.com/video/clip-1008267766-aerial-flyover-small-town-beaufort-south-carolina (https://www.shutterstock.com/video/clip-1008267766-aerial-flyover-small-town-beaufort-south-carolina)
I shut down my shutterstock account months ago. They removed my name from the video and kept it up for sale. Anyone else having this issue. If they don't do anything about it I'll be taking legal action.
What did Shutterstock tell you about it?
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We wouldn't still be having this conversation if everyone had boycotted shuttercocks ...
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We wouldn't still be having this conversation if everyone had boycotted shuttercocks ...
But it's important to know what happened if he sues Shutterstock for selling his videos without his consent.
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You have a case no doubt. This happened to me in the past with a few top red flames bestseller images uploaded by some pirate to them. I made them aware of that I also contacted the legal department at Istock/Getty and the images were gone in 10 days after many mails by me to them. Nowadays I would not go this route. I would send only 1 mail and maybe a registered fax and afterwards sue seeking damages. It is their responsibility the content they sell on their site. Does not matter what's in their TOS. A Judge will see what kind of responsibility they carry whatever they say.
If you are not in the US go to court in your country. If they violate intellectual property their site might be banned access in your country. And if this happen I am sure they will contact you quickly and negotiate a settlement before court. Don't be afraid if they are big. If you are telling the truth they stole your content and are selling it. No way they are going to win such a case.
Before you initiate judicial actions go to a public notary so he can certify that they are still selling the content on their web. After that for everyday it was online you ask for damages and to be taken down obviously.
I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
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You have a case no doubt. This happened to me in the past with a few top red flames bestseller images uploaded by some pirate to them. I made them aware of that I also contacted the legal department at Istock/Getty and the images were gone in 10 days after many mails by me to them. Nowadays I would not go this route. I would send only 1 mail and maybe a registered fax and afterwards sue seeking damages. It is their responsibility the content they sell on their site. Does not matter what's in their TOS. A Judge will see what kind of responsibility they carry whatever they say.
If you are not in the US go to court in your country. If they violate intellectual property their site might be banned access in your country. And if this happen I am sure they will contact you quickly and negotiate a settlement before court. Don't be afraid if they are big. If you are telling the truth they stole your content and are selling it. No way they are going to win such a case.
Before you initiate judicial actions go to a public notary so he can certify that they are still selling the content on their web. After that for everyday it was online you ask for damages and to be taken down obviously.
I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
It would be interesting if he can gain that case and get some $ millions, but i think Shutterstock will use all its power and influence! Maybe that possible if the guy live in the USA. But, i don't know much about the USA laws, maybe i'm dreaming! :)
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
As I've written before, the first consultation is free, most places. If you don't go with one of the online infringement specialist places, find a copyright attorney.
Make sure you save screen snapshots of the image, actually active, available to be purchased, on their site and proof that you closed your account. Evidence and documentation is most important.
You have 90 days from discovery to make sure you have a registered copyright, (In the USA) in which case you can get more than lost income, you could get damages. If registered there are other claims as well.
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
As I've written before, the first consultation is free, most places. If you don't go with one of the online infringement specialist places, find a copyright attorney.
Make sure you save screen snapshots of the image, actually active, available to be purchased, on their site and proof that you closed your account. Evidence and documentation is most important.
You have 90 days from discovery to make sure you have a registered copyright, (In the USA) in which case you can get more than lost income, you could get damages. If registered there are other claims as well.
With your legal experience. Do you think that the person that Shutterstock is selling videos without his consent , could win the lawsuit?
How much money could he win in the lawsuit against Shutterstock?
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
As I've written before, the first consultation is free, most places. If you don't go with one of the online infringement specialist places, find a copyright attorney.
Make sure you save screen snapshots of the image, actually active, available to be purchased, on their site and proof that you closed your account. Evidence and documentation is most important.
You have 90 days from discovery to make sure you have a registered copyright, (In the USA) in which case you can get more than lost income, you could get damages. If registered there are other claims as well.
With your legal experience. Do you think that the person that Shutterstock is selling videos without his consent , could win the lawsuit?
How much money could he win in the lawsuit against Shutterstock?
Ask a lawyer? I only know what everyone else can find by doing research on the Internet. And I still don't know the country of the OP with the video, but SS is in the US.
https://www.copyright.gov/help/faq/faq-general.html (https://www.copyright.gov/help/faq/faq-general.html)
Some important points:
"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works."
If wollwerth wants an attorney to handle the case, they will want to get paid by the defendant, if they win. Also wollwerth probably doesn't have the personal finances to hire someone. So, the work must be registered. That's the difference between the automatic protection and why if someone is suing, they should register their work.
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I’ve been going back and forth with their support from someone overseas with no real power to et anything done. Getting the usual BS. This time I responded back with their infringement department ccd, saying that they’ve essentially admitted that they’ve broken the terms of service by still having it for sale. They can either take it down or the next correspondence will be from my lawyer. I think I’ve got a case. The only question is whether it’s worth going through with a lawsuit.
As I've written before, the first consultation is free, most places. If you don't go with one of the online infringement specialist places, find a copyright attorney.
Make sure you save screen snapshots of the image, actually active, available to be purchased, on their site and proof that you closed your account. Evidence and documentation is most important.
You have 90 days from discovery to make sure you have a registered copyright, (In the USA) in which case you can get more than lost income, you could get damages. If registered there are other claims as well.
With your legal experience. Do you think that the person that Shutterstock is selling videos without his consent , could win the lawsuit?
How much money could he win in the lawsuit against Shutterstock?
Ask a lawyer? I only know what everyone else can find by doing research on the Internet. And I still don't know the country of the OP with the video, but SS is in the US.
https://www.copyright.gov/help/faq/faq-general.html (https://www.copyright.gov/help/faq/faq-general.html)
Some important points:
"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works."
If wollwerth wants an attorney to handle the case, they will want to get paid by the defendant, if they win. Also wollwerth probably doesn't have the personal finances to hire someone. So, the work must be registered. That's the difference between the automatic protection and why if someone is suing, they should register their work.
So is it likely that Shutterstock continues to sell the Wollwerth video unauthorized? >:(
Wollwerth who is the video owner that Shutterstock is selling without his concent , seems live in the USA, i read this in his profile Beaufort, SC, USA
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I think Shutterstock will continue selling the video without authorization.
Shutterstock son unos grandisimos hijos de puta! Y me perdonan la grosería pero es para desahogarme un poco!
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I added the clip to my cart but when a looked in the cart, I can't finalize the purchase (even if the clip is there) and the message below is displayed high on the page, barely visible:
"Item is no longer available. Please remove the item from your cart and try again."
This is definitely a major problem as it seems the clip preview is still stored somewhere on SS servers, but seeing as you can't actually buy it at either resolution, it should help with your exclusivity issue...