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Picture steal at Displate.com?


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Hello underpaid contributor,  :(

I have a question. My lion is going astray, i think. Is there a license with Shutterstock that allows someone to resell the modified image?

Original: https://www.shutterstock.com/de/image-photo/lion-black-white-blue-eyes-775686991

Picture on displate.com 
https://displate.com/displate/1579597

Is that allowed with a big license? Shutterstock sends me not an answer. 😞 

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13 hours ago, David A Litman said:

I would call this a copyright infringement.

I agree.

The image description on Displait says: Fascinating metal poster designed with love by Mateo. In my understanding this is in contradiction with what Displait is asking not to do, namely "stealing other people's works and passing it as their own" : https://displate.com/about-copyright

Quote

Displate is a community built upon respect for artists and their intellectual property rights as well as the intellectual property rights of third parties. Displate has a zero tolerance policy for intellectual property rights infringement. Therefore, we ask our artists to remember that each time they are uploading content to Displate. Artists thus are required to upload works which in no way infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person or third party, or violate any law or judicial or governmental order. In simple words stealing other people's works and passing it as their own is against the law and against what Displate stands and will stand for.

 

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AN ENHANCED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):

  1. In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;

  2. Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).

  3. In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.

  4. Incorporated as elements of digital templates for sale or distribution.

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On 12/4/2020 at 11:39 PM, Filmbildfabrik said:

Hello underpaid contributor,  :(

I have a question. My lion is going astray, i think. Is there a license with Shutterstock that allows someone to resell the modified image?

Original: https://www.shutterstock.com/de/image-photo/lion-black-white-blue-eyes-775686991

Picture on displate.com 
https://displate.com/displate/1579597

Is that allowed with a big license? Shutterstock sends me not an answer. 😞 

Filmbildfabrik, Can understand your frustration with Displate.com charging $44 - $149 for your modified photo.  How much did Shutterstock pay you for the image?

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15 hours ago, Rudy Umans said:

 

AN ENHANCED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):

  1. In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;

  2. Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).

  3. In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.

  4. Incorporated as elements of digital templates for sale or distribution.

Is that a way around it? I'm not sure if reselling as art is allowed from a standard license and I'd say it shouldn't be.

On 12/6/2020 at 6:41 AM, Whiteaster said:

I agree.

The image description on Displait says: Fascinating metal poster designed with love by Mateo. In my understanding this is in contradiction with what Displait is asking not to do, namely "stealing other people's works and passing it as their own" : https://displate.com/about-copyright

 

There's a stopper, @Filmbildfabrik needs to contact Displate, complain and have the file removed, at least.

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Merchandise is defined as promotional items to be sold or distributed at no cost by a company or organization. These items include but are not limited to textiles, artwork, magnets, wall art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such merchandise incorporates material creative or functional elements apart from the image/s.
 

To decorate commercial spaces, or to provide decorations to clients, you'll need our Enhanced License. For example, offices, lobbies, hotel rooms, or restaurants, as well as producing and selling posters, with no limit on the number of copies.

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On 12/4/2020 at 11:39 PM, Filmbildfabrik said:

Hello underpaid contributor,  :(

I have a question. My lion is going astray, i think. Is there a license with Shutterstock that allows someone to resell the modified image?

Original: https://www.shutterstock.com/de/image-photo/lion-black-white-blue-eyes-775686991

Picture on displate.com 
https://displate.com/displate/1579597

Is that allowed with a big license? Shutterstock sends me not an answer. 😞 

Filmbildfabrik, Your image used by Dispalte.com is now appearing as an advertisement on my Flickr page.

Screen Shot 2020-12-08 at 6.21.29 PM.jpeg

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11 hours ago, Elliott Cowand Jr said:

Filmbildfabrik, Your image used by Dispalte.com is now appearing as an advertisement on my Flickr page.

 

If you view an image on SS, then it's saved in your viewing cache. When you go to a site, and look, the embedded ad from SS will look at your cache and show you the latest viewed image. No it's NOT being used as an ad from SS, it's being displayed from your own computer cache.

First time I saw this, I thought, wow, SS is pushing my images. Then I realized it's like eBay. You look at something, they send you emails about the same or similar.

So please look at this image, click the link, and then go to the site with that SS ad and, you should see my image for sale from SS. 😀 It's just a marketing tool that uses your previous views from what's stored on your own computer.

steak-on-grill-lighted-below-600w-186791

https://image.shutterstock.com/image-photo/steak-on-grill-lighted-below-600w-1867915237.jpg

SS-ad-features-viewed-images.jpg

Stairs and the ambulance and guys on bikes are all mine. Sure I'd love it if this was real. Instead it's some most popular or random and then what's in the cache.

 

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On 12/7/2020 at 9:26 AM, HodagMedia said:

Is that a way around it? I'm not sure if reselling as art is allowed from a standard license and I'd say it shouldn't be.

My quote was from the EL paragraph. It is not allowed with a standard license as far as I know

 

As far as the OP's question goes, there are 3 things to consider. From a legal point of view this doesn't seem to be a case of stealing, but rather a case of being a derivative work or a new work and we all know that is one big grey can of worms. From Shutterstock's point of view, their terms say that it is allowed "Provided  such merchandise incorporates creative or functional elements apart from the image(s)"  If the added elements are either creative or functional is a question I leave  up to the judge so to speak

The 3rd thing to consider is what prevails.  Common law or Shutterstock's terms? Both are ambiguous  and poorly written

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