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Author Topic: Shutterstock removed my name and continues to sell my video  (Read 7627 times)

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Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #25 on: December 17, 2020, 11:36 »
+2
Ive 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 theyve essentially admitted that theyve 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 Ive got a case. The only question is whether its 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.


« Reply #26 on: December 17, 2020, 12:53 »
0
Ive 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 theyve essentially admitted that theyve 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 Ive got a case. The only question is whether its 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?
« Last Edit: December 17, 2020, 13:30 by alexandersr »

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #27 on: December 18, 2020, 10:07 »
0
Ive 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 theyve essentially admitted that theyve 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 Ive got a case. The only question is whether its 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.


« Reply #28 on: December 18, 2020, 16:34 »
0
Ive 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 theyve essentially admitted that theyve 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 Ive got a case. The only question is whether its 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.

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

« Reply #29 on: December 19, 2020, 20:52 »
+1
I think Shutterstock will continue selling the video without authorization.
Shutterstock son unos grandisimos hijos de puta! Y me perdonan la grosera pero es para desahogarme un poco!

« Reply #30 on: December 25, 2020, 01:42 »
+2
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...


 

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