Quote from: wollwerth on December 08, 2020, 20:52

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.

Quote from: alexandersr on December 17, 2020, 12:53

Quote from: Uncle Pete on December 17, 2020, 11:36

Quote from: wollwerth on December 08, 2020, 20:52

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

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.