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Author Topic: Some Jerk Stole My Images!  (Read 15969 times)

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« on: December 03, 2008, 14:50 »
0
Some jerk stole images from my web site and is trying to pass them off as vectors. I've contacted StockXpert, but I really don't know what my options are. Some are even stolen from my uploads on StockExpert!

Sorry for the long list:
Cherry
http://www.stockxpert.com/browse_image/view/13666061
http://www.pbase.com/dannysmythe/image/43277354

Yellow Pepper
http://www.stockxpert.com/browse_image/view/13666081
http://www.pbase.com/dannysmythe/image/58351254

Mango
http://www.stockxpert.com/browse_image/view/14218831
http://www.pbase.com/dannysmythe/image/21203987

Butternut Squash
http://www.stockxpert.com/browse_image/view/14570281
http://www.pbase.com/dannysmythe/image/78965788

Apple Slice
http://www.stockxpert.com/browse_image/view/14570531
http://www.pbase.com/dannysmythe/image/40804793

Guava
http://www.stockxpert.com/browse_image/view/14570561
http://www.pbase.com/dannysmythe/image/71279361

Red Pepper
http://www.stockxpert.com/browse_image/view/13666071
http://www.pbase.com/dannysmythe/image/58351233

Pear
http://www.stockxpert.com/browse_image/view/13653411
http://www.pbase.com/dannysmythe/image/58347054

Apricot
http://www.stockxpert.com/browse_image/view/13653401
http://www.pbase.com/dannysmythe/image/71279356

Cherries
http://www.stockxpert.com/browse_image/view/13574681
http://www.pbase.com/dannysmythe/image/40805163

Egg
http://www.stockxpert.com/browse_image/view/13667471
http://www.pbase.com/dannysmythe/image/58352570

Tamarinds
http://www.stockxpert.com/browse_image/view/13653421
http://www.pbase.com/dannysmythe/image/40717701




« Reply #1 on: December 03, 2008, 14:58 »
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*, the "Thumbnail" quality on PBASE is quite inviting to do exactly such a thing. I guess that is why the real stock agencies work with watermarks. Sorry to hear about this scam, but besides telling the sites to remove the images. Did you register copyright for these images? That might help to recover some damages.

Good luck

hali

« Reply #2 on: December 03, 2008, 15:04 »
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you have the original ORF (raw) files, or the full size images, don't you?
i always keep the originals so i can prove copyrights in situations like this.
sorry to hear about it.
your best bet is to write to both your sites and that site that publishes those stolen images and get them to expose the thief.

nice work though. hope you get some recourse.

bittersweet

« Reply #3 on: December 03, 2008, 15:14 »
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They are vectors, but it's obvious that your photos were used as source material. This guy has some nice stuff up on istock, but not these in particular -- probably because they are sticklers for verifying the copyright holder of the source material.

Those large unwatermarked images are really asking to be stolen by those who are so inclined.

Good luck!

« Reply #4 on: December 03, 2008, 15:15 »
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I don't put such sizes online without a watermark, but I wonder if it would make any difference when someone is "vectorizing" them.

I hope StockXpert helps you with this.

Regards,
Adelaide

« Reply #5 on: December 03, 2008, 15:20 »
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I have all the originals at full size, with metadata. I don't hope to ever find this person. Just want him off StockExpert.

I don't think my images, on pBase are large enough for anybody to do anything serious with. Under 2MB.

« Reply #6 on: December 03, 2008, 15:46 »
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well let us know how it turns out.

I would also really like to know where the $$ goes that people who stole images 'earned'

I have heard about accounts being closed and images removed which were stolen, which is good, but have never heard that the original artist is given the earnings... which i think we should, especially when we often are the ones who take the hit for credit card fraud.

the stolen images have sold 13 times... i hope you get the 13 sales worth of earnings.

hali

« Reply #7 on: December 03, 2008, 15:48 »
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well let us know how it turns out.

I would also really like to know where the $$ goes that people who stole images 'earned'

I have heard about accounts being closed and images removed which were stolen, which is good, but have never heard that the original artist is given the earnings... which i think we should, especially when we often are the ones who take the hit for credit card fraud.

the stolen images have sold 13 times... i hope you get the 13 sales worth of earnings.

good point.
is the thief ever even charged for theft?  if not, there is really nothing to deter them from doing it again.

« Reply #8 on: December 03, 2008, 16:06 »
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What's even more frustrating is that a search for Tamarinds, turns up the stolen image. My upload of Tamarinds, (Nov. 8 2007) doesn't show up in a search.

« Reply #9 on: December 03, 2008, 16:46 »
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You must be totally pissed off. I hate when people do such things. I don't know how people can risk so much... Every since and then we found some thief, and people still doing this. Does anyone know what happened to that woman "watercolor artist" that stole few images from SS?

« Reply #10 on: December 03, 2008, 16:48 »
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I agree with leaf and hali. The earnings should belong to the original copyright owner. It's amazing how people dare to steal, not one, but several images from the same person. I wonder how they sleep at night...

helix7

« Reply #11 on: December 03, 2008, 17:05 »
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...I don't know how people can risk so much... Every since and then we found some thief, and people still doing this...

They do it because they know that sometimes they will get away with it. In this case, they pretty much did. Those images were uploaded by the thief in May, and were only found out about now. Sure they'll be taken down soon, but who knows how much money this thief already got from these and possible other stolen images. Probably enough for a payout. They know that sometimes they'll get caught fast, and sometimes they'll be able to leave stolen images up for months at a time.

« Reply #12 on: December 03, 2008, 17:22 »
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I know helix, you are right. But again, I live in country where probably no one could really catch me or sue me if I steal images like this guy. But again, I don't do it, mostly because of moral questions. Also, besides moral, I still think that I could have real problems with law because of such things. What is few hundreds of dollars comparing to problems with law? Is it really worth it? I think it's easier to make your own images. Some people really act like they gonna live just until tomorrow....
Sorry for my English. I am pissed off so I didn't pay much attention on grammar

« Reply #13 on: December 03, 2008, 18:17 »
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With people in so different locations, it is really difficult to go after someone doing this. You could sue him, and I think StockXpert would have the legal obligation of disclosing his personal data - if it's not fake.  But then, what if he is in another country?  It is probably more like "Oh, I'm sorry, I'm going to delete them" and get away with it.  Like if someone stole your car and you find him in the mall's parking, you approach him and he returns you the keys and walks away.

I don't think StockXpert can be asked to pay rimglow the amount earned by the thief, because it's not their fault that the guy committed a fraud.  Maybe if he has funds to be cashed, then they might, but I suspect they can not without legal order.

Regards,
Adelaide

hali

« Reply #14 on: December 03, 2008, 18:49 »
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whitechild... just  like Adelaide and helix7  said: they know they can get away.
you catch them , they go to another site. put in another fake name.
so what if we know who they are? they're not in US or Canada or UK, I bet you.
They're probably in a country that cares nothing about stock photography or artist's copyright, where probably the government knows there are fake rolex factories,
or illegal cds, dvd, blueray , etc.. being manufactured there.
why would they care about some images ripped off from some little guy here?

even if they ripped off someone with the stature of Yuri, is Yuri going to retain a lawyer to get them? It's been done with videos , it's been done with music , the same people are now doing it with photos and vectors.
 

« Reply #15 on: December 03, 2008, 18:52 »
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I just discovered the same stolen images on Shutterstock!
http://www.shutterstock.com/cat-p1.html?gallery_id=83940

Man, I'm going to have to go through every microstock site to hunt this down. What a drag.

bittersweet

« Reply #16 on: December 03, 2008, 23:15 »
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Lucky for you he seems to be going by the same name on all the sites.

helix7

« Reply #17 on: December 04, 2008, 00:53 »
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It's actually a good thing that this guy is distributing your images on microstock sites. At least then you can do something about it, and the sites will delete the images. There is this guy Garcya, selling and giving away vectors from microstock sites on his own website, based in Russia. He's been at it for over a year now, he's been reported to all the microstock sites, and yet there's no way to shut him down. He still has some of the top selling vectors from SS on his site as free downloads. It's ridiculously blatant, yet there is very little anyone can do about it.


« Reply #18 on: December 04, 2008, 08:10 »
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I wonder if I should notify all the sites that he appears on? He's only using my stuff on StockXpert & Shutterstock. Waste of time? Would they even care?

« Reply #19 on: December 04, 2008, 08:19 »
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I wonder if I should notify all the sites that he appears on? He's only using my stuff on StockXpert & Shutterstock. Waste of time? Would they even care?

Shutterstock is known to be very rigid about it.  I'm almost sure they take action on him even probably erase his portfolio

« Reply #20 on: December 04, 2008, 08:32 »
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I just received a very apologetic email, from Mahesh, after StockXpert notified him that they were disabling his account within 48 hours. Admitted it was a serious mistake, removed the images, and offered to compensate me the $50 or $60 he had made from my images. Said he never realized they were copyright protected. (even though it clearly states such, under each title)

All in all, his email was so nice, that I think it was just a newbie mistake. And maybe other newbies can learn from this thread. :)

« Reply #21 on: December 04, 2008, 10:52 »
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Said he never realized they were copyright protected. (even though it clearly states such, under each title)

I think it is possible he actually did not realize the copyright issue even if he knows that your PHOTO are copyrighted.

My opinion is that many vector artists do not know (or prefer not to think about it) that it is not allowed to trace a photo as this is a derivative work.

If one look at some vector artists portfolio with many silhouettes of people, one can wonder whether they actually own the copyright on the original photo. Is it really believable that a pure vector artist with no photo in his portfolio shoot photos of so many beautiful girls as a source for their tracing?

I agree that some very talented artists may draw the silhouette by hand or use a 3D character as a reference, but I guess that many do use photo they did not shoot themselves.

But I may be wrong  ;D
« Last Edit: December 04, 2008, 10:55 by araminta »

« Reply #22 on: December 04, 2008, 11:21 »
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<deleted my own post>
« Last Edit: December 04, 2008, 13:17 by Norebbo »

helix7

« Reply #23 on: December 04, 2008, 11:35 »
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...If one look at some vector artists portfolio with many silhouettes of people, one can wonder whether they actually own the copyright on the original photo. Is it really believable that a pure vector artist with no photo in his portfolio shoot photos of so many beautiful girls as a source for their tracing?...

Why is it so unbelievable that someone would shoot photos just as reference material? Maybe some people have good shots of people walking in profile, suitable for a nice silhouette, but the rest of the photo isn't suitable for stock? Or the overall size of the image is too small for stock?

I've got a decent camera, but I don't shoot photos for stock. Just for reference material. Nice to know you'd just assume that I'm a thief, though.



« Reply #24 on: December 04, 2008, 16:43 »
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All in all, his email was so nice, that I think it was just a newbie mistake. And maybe other newbies can learn from this thread. :)

So he stole your car, you found him in the mall's parking, you approached him, he returned you the keys and walked away.  :)

Regards,
Adelaide


 

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