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Author Topic: Weird complaint from shutterstock. Someone else is claiming my images.  (Read 14674 times)

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Ron

« Reply #25 on: July 18, 2013, 00:47 »
0
Legend in Ireland is slang for a cool dude. You are a legend, and I think your images are extremely funny but also have commercial value. I just think what you do is great man. So how about that pint?  :D


« Reply #26 on: July 18, 2013, 11:47 »
0

You know, I mentioned a similar sort of hypothetical scenario to a Shutterstock employee once. I mentioned that I was a bit concerned that it doesn't seem to take much more than an email with an accusation to get someone's portfolio suspended. They didn't seemed too concerned about it, though.

And yet here we are, with something like this happening where someone is wrongly claiming ownership of an image. Fortunately they didn't shut down your port, txking, while they investigate the matter. But it's still concerning that this kind of stuff can so easily happen.

And I think SS still handles these cases backwards. Shouldn't the burden be on the accuser to prove ownership first, and then contact the contributor to see how they respond?

Actually this is thing I don't like about SS - like the queen of hearts Sentence firstverdict afterwards."

« Reply #27 on: July 18, 2013, 13:18 »
0
So far mike there has been no sentence against me. They took the complaint and let me run open and free while they investigate. I'm assuming that the other person has sent a photo of themself or ID, something at least to give some sort of proof. It sounds like SS knowns who the person is and I believe they even said there are some things that look the same between him and myself. With that SS I believe has to at least do due diligence and verify the claim as I'm sure not doing so can open them up to liability.

Ron wouldn't mind that pint but me being in the western US and you I'm assuming being in ireland chances are won't work out too well. Btw I have some new images comming up soon on shutterstock that hopefully I can get some sales on. Figured I can let my nipples rest for a bit before I bring out the clamps and do something else instead.

« Reply #28 on: July 18, 2013, 16:29 »
+6
Well at this point I found out who the person is claiming to be in those images. I've seen his images and his face and while there is something bordering a partial semi kind of in a if you really look at it hard and squint in just the right way I don't think the we look at that much alike other then he has facial hair and so did I when these images were made.

At this point I don't know how much info I can really give other then the person is now making a possible threat of legal action against SS and possibly others for use of his likeness, aka my face, but shutterstock so far is working with this trying to get it resolved. I give them quite a bit of respect on how they are handling this and hopefully once it's all said and done I can say more about what all is going on.

ShadySue

  • There is a crack in everything
« Reply #29 on: July 18, 2013, 16:36 »
0
Hope it's all resolved soon. It's an interesting story to someone not directly involved!

« Reply #30 on: July 18, 2013, 16:45 »
+1
if this is another contributor - why would he jeopardize his own portfolio on SS by bringing up a false claim? Does he really think that he would be successful in proving beyond a doubt that that is actually him in the photo?
This whole scenario sounds a little bit wacko

Hopefully, you still have the original images (esp raw) as proof ... and hope you get some releif from this strange situation.

What kind of person does this?

Ron

« Reply #31 on: July 18, 2013, 16:55 »
0
This is the weirdest stuff. It would be the same if you would sue me for looking like you. LOL

« Reply #32 on: July 18, 2013, 22:21 »
+3
well hell if you and I look somewhat alike and he thinks him and I look alike maybe you can sue him for looking like you?

Just a thought :p

« Reply #33 on: July 18, 2013, 22:36 »
+2
Maybe you can sue him for bringing a false claim. Perhaps that would send a message that people need to stop and think before doing the most stupid thing possible in any given situation!!

I hope it all works out in your favor.

« Reply #34 on: July 18, 2013, 22:44 »
+2
Sorry had many windows open so noticed I had this typed up but forgot to post it. this is in reply to noodle

This complaint was not brought about by another contributor but rather someone else seperate from the whole thing. It seems he saw this image someplace and said "hey this looks like, maybe it is me." from there from what little I can gather is he made claim against either SS or the company that was using the image at which point he was directed to shutterstock saying that this image is him and as such all images of him need to be removed from SS.

I have the RAW's and multiple of them of me trying to do the same shot and many shots at that same time. I have images of myself that my wife took while I still had my facial fuzz. If it comes to court I don't see any reason as to why this guy would win as the image is me.

Hope it doesn't come to that though and hoping that we can contact the guy get this all resolved and taken care of sooner rather then later, but still if push comes to shove I'm not backing down.


« Reply #35 on: July 18, 2013, 23:11 »
0
At least you don't look like Kim Kardashian...  She would be suing SS because of you.  ;D

Remember this stupid case? http://www.dailymail.co.uk/tvshowbiz/article-2016932/Melissa-Molinaro-Kim-Kardashian-sues-Old-Navy-ad-lookalike-Reggie-Bushs-new-girl.html#ixzz2ZSbecMxk

EmberMike

« Reply #36 on: July 19, 2013, 10:34 »
+2
well hell if you and I look somewhat alike and he thinks him and I look alike maybe you can sue him for looking like you?

Just a thought :p

I'm an overweight bearded white guy too. I'm suing you both. Expect to hear from my lawyer.

;)

Edited to add: Good for you for not backing down. I think this is a pretty significant issue, especially if it comes down to a legal battle. Really this almost reads like a major headline. "Photographer sued for use of himself in a photo." Major photo news sites and blogs would be all over this.
« Last Edit: July 19, 2013, 10:39 by EmberMike »

Ron

« Reply #37 on: July 19, 2013, 11:14 »
+1
Hahaha, that would be a legal mess LOL

Here is me, ruining a bottle of JD Tennessee Honey  8)


« Reply #38 on: July 19, 2013, 11:38 »
0
well hell if you and I look somewhat alike and he thinks him and I look alike maybe you can sue him for looking like you?

Just a thought :p

I'm an overweight bearded white guy too. I'm suing you both. Expect to hear from my lawyer.

;)

Edited to add: Good for you for not backing down. I think this is a pretty significant issue, especially if it comes down to a legal battle. Really this almost reads like a major headline. "Photographer sued for use of himself in a photo." Major photo news sites and blogs would be all over this.

Well on an interesting thing with that reading his twitter and facebook he is trying to push this out into the media and to other people. It seems that he is wishing others to spread the word on this. I know that it has spread a little bit as people are sharing the story and I have even found the story on some third party site.


EmberMike

« Reply #39 on: July 19, 2013, 12:06 »
0
Well on an interesting thing with that reading his twitter and facebook he is trying to push this out into the media and to other people. It seems that he is wishing others to spread the word on this. I know that it has spread a little bit as people are sharing the story and I have even found the story on some third party site.

Maybe it's time to spread the word from our side. I'll tweet and fb post about it if you want some help getting the word out.

« Reply #40 on: July 19, 2013, 13:38 »
+1
Hahaha, that would be a legal mess LOL

Here is me, ruining a bottle of JD Tennessee Honey  8)



Just curious on your shirt did they get permission to use your likeness?


EmberMike that might be something to look at later on but for right now my goal as I'm sure you can understand is to make the issue go away first. Once that is done I'm considering options on what to do from there.

dbvirago

« Reply #41 on: July 19, 2013, 13:55 »
+4
So you have several (or more)images of yourself in various outfits doing various things with various expressions. He says you look like him, so it must be him, so give him some money. Has anybody asked if he remembers these particular photographs being taken? Is he saying they were taken without his knowledge? At some point in his life, was he minding his own business, standing in front of a black background with his shirt off, wearing a Santa Claus hat and playing with his nipples, then, without his knowledge, someone took his picture and is now getting rich selling his image to publications around the world? 

Yup, seems pretty likely to me.


Ron

« Reply #42 on: July 19, 2013, 13:56 »
0
That Tshirt is legend, I bought it off Busted Tees. The guys are cheap, good service and extremely funny and clever T shirts. When ever I wear that T shirt I get a lot of positive reactions.

Hahaha, that would be a legal mess LOL

Here is me, ruining a bottle of JD Tennessee Honey  8)



Just curious on your shirt did they get permission to use your likeness?



« Reply #43 on: July 19, 2013, 14:38 »
+1
Personally, I believe this guy was genuinely outraged despite being completely mistaken.  I had an email a year ago from a woman claiming that a picture I took at Disney's Animal Kingdom was stolen from her father, that the people on line for the Everest ride prove it was the same shot.  I told her she was full of carp, that I had plenty of other shots from that same day and that the viewpoint I used was so obvious that thousands if not millions have similar photos.  Never heard from her again, so either she realized she was wrong or decided it wasn't worth fighting about.  People can believe all sorts of insane things, even in the face of both probabilities and evidence to the contrary.

« Reply #44 on: July 19, 2013, 14:42 »
+2
People can believe all sorts of insane things, even in the face of both probabilities and evidence to the contrary.

are you talking about iStock? ;D

« Reply #45 on: July 19, 2013, 14:49 »
0
So you have several (or more)images of yourself in various outfits doing various things with various expressions. He says you look like him, so it must be him, so give him some money. Has anybody asked if he remembers these particular photographs being taken? Is he saying they were taken without his knowledge? At some point in his life, was he minding his own business, standing in front of a black background with his shirt off, wearing a Santa Claus hat and playing with his nipples, then, without his knowledge, someone took his picture and is now getting rich selling his image to publications around the world? 

Yup, seems pretty likely to me.

The picture of the Santa hat isn't him. He has a list of five images that he claim are him and has proof a such that those images are him. The rest of the images on my profile it seems as far as he is concerned are not him. Only this list of five he is requesting to be taken down. What confuses me is even though out of all the images have the same face how he came up with choosing only five of them claiming those are him when the rest of the images have the same face on them.

With the images in question he knows when the photographer took those images and knows for what use those images are for. He has proof that the images he is complaining about are his images and he even has made claims that he has physical proof that this is him. This is going by information he has made public on both his facebook and twitter.

Disorderly he very well could be mistaken and really believe it is him. I'm not sure how as our looks are quite different and from what I have seen comparing his images vs mine only one look even close to the same but really even as such it's about the same as Ron and I look.



I also just want to add that so far my understanding is based upon what little information I have recieved from SS and the rest seems to be based upon what he has posted in public about this.
« Last Edit: July 19, 2013, 15:51 by txking »

« Reply #46 on: July 19, 2013, 14:53 »
+1
is he saying he owns full body or just the face? how about the chest hair? they can't look the same ;D

« Reply #47 on: July 19, 2013, 15:35 »
+2
I'd better add one more sentence to model release:
Hereby model confirms that he / she does not bear a striking resemblance to anybody.

EmberMike

« Reply #48 on: July 19, 2013, 16:24 »
0
So after this joker wastes tons of Shutterstock's time and resources following up on this nonsense and entertaining the insane possibility that this claim has any merit, and possibly after this guy even attempts legal action (which it sounds like he might be motivated enough to do), can SS then sue him for all of the lost time and money spent on this? Or what about txking? The other guy is tweeting and posting about this, I'm assuming linking to your images. This might do harm to your reputation if it spreads far enough.

Just seems crazy to me that someone can simply fire off an email and begin a process that costs everyone involved, and then walk away without penalty after it will undoubtedly be found to be a frivolous claim.

As if photographers don't have enough to worry about these days, now you have to worry about someone suing you for taking pictures of your own face.

ShadySue

  • There is a crack in everything
« Reply #49 on: July 19, 2013, 16:27 »
+2
Yup, now that I hear this bloke has gone onto social media, I'd hope SS would sue him.


 

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