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Hi All,

 

Just wondering if anyone has heard of a seller called 'Gear New' on Amazon? I found some of my images being used on cushions and in the blurb they say

 

"SUPPORT ARTISTS! This unique bath mat from Gear New features artwork from an independent artist and is made on demand once you order it. The sale is shared with the artist."

 

​I have received NO royalties from them and I did not know they were there. 

 

So I wrote to them. I told them how much I loved their designs (specifically my own) and got a rather interesting reply:

 

"All of our designs come from other artists from literally all around the world. We have a deal with thousands of them so that if we sell their art on a product, we pay them part of the sale. It is a great way to help them support their work."

 

www.amazon.com/shops/gearnew

 

Have a look - they have over 300,000 products there.

 

Surely if they have purchased the files from a stock website they need to at least credit it? or am I wrong?

 

Thanks,

 

Marina

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"we have a deal with thousands of them" translates to "we have a micro stock subscription" in my opinion. 

 

"we pay them part of the sale" translates to "we have to purchase the file each time we print it for you". 

 

ii.AN ENHANCED IMAGE LICENSE grants you the right to use Images:

[...]

2.  Incorporated into merchandise or promotional items for sale or 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).

 

 

and thats only if the pillow for instance, could be construed to be "material creative or functional element apart from the image(s)". 

also, given the prices the products are listed under, i'd doubt that they can afford an EL for each product. So they're either trying to get away with EL usage on a standard license, or theres something in the other licenses like SOD (which I haven't read) that could allow for the use they're proposing... 

 

maybe they (think they) can get away with a standard subscription sale if they consider the end user the 'personal non-commercial user'. But the license is 'non transferrable' so... I think thats a no-go. 

 

A STANDARD IMAGE LICENSE grants you the right to use Images:

[...]

5.For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).

 

 

 

of course, i can only speculate to how they operate, and I am not a legal professional.   I've found my micro stock for sale on similar web shops like Etsy and it stinks but what we can really do about it I don't know.  But i know when I showed SS a similar case they didn't do too much about it so I've stopped looking for them. 

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"we have a deal with thousands of them" translates to "we have a micro stock subscription" in my opinion. 

 

"we pay them part of the sale" translates to "we have to purchase the file each time we print it for you".

 

The thing is... do stock sites actually let the buyer purchase the same file multiple times or will it prevent that?

 

In any case I would seriously doubt if they would actually buy the file for each print. They'll just have a database of them downloaded from stock sites. I haven't looked to see if this one is using stock images but I have seen other sellers that do.

 

No one is going to do anything about it. Stock sites can't be bothered to fight cases because it costs more than it is worth. Amazon/Ebay/whoever isn't going to care remotely even in the event that you actually get through to one of the three real people who work there and not one of the countless answer bots. If you contacted the seller of the products directly (which is against the rules of SS as far as I know) maybe they'll shell out for an EL or maybe they'll remove your image. Chances are they won't do anything because they know no one else will. Just have to accept that a huge amount of stock that is used - is misused.

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All of the items are functional items like bath mats, shower curtains and oven gloves though, not just posters.

 

Does cropping the image so it fits onto a functional item satisfy that rule?

It is functional elements not functional items.

 

And there is no functional element it is the entire image without any functional elements.

 

Basically meaning the image itself cannot be the sales driving element it is to be part of whatever is the sales driving element.

 

Been like this with SS forever just reworded in the updated TOSSLA.

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I had heard (though I could easily be wrong) that that sort of thing was ok as long as the seller bought a sub for each item they printed, not one sub (or even EL) and print however many the wanted.  So your 'royalty' would just show up as a standard sub sale on SS and wouldn't say anything about the other company. And their line about contact with artists around the world is just subscribe to a stock site and 'support' them by buying stock images (and SS pays the 'royalty.)  Small companies like that would probably only buy images in onesies, twosies anyway. The don't have a warehouse of thousands of pillows and shower curtains. They probably print them when they are ordered. 

 

Also, no, companies don't have to credit a stock site or the artist, I do know that.

 

Of course, they could also be lying about everything and using stolen pics, there's no way to tell. Amazon or SS aren't going to care enough to do anything about it.

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I found one of my images being sold on Ebay as a keyring  - I got onto the seller and they were adamant a friend of theirs had given them permission to use it - I sent him proof that the photo was mine and he removed the item!  

 

Sickening that people will make a profit from others work illegally - but unless you know where they got it from I don't think there is anything you can do.

Unless the photo is only on Shutterstock (and nowhere else), they may looking it for you??

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As a contributor at Zazzle, I have been one of the many who have had our designs stolen from Zazzle as screenshots, then printed onto these various items and sold on eBay and Amazon. The image is a screenshot and prints like a 3rd-generation photocopy, horrible quality (as stated in the product reviews). We have been vigilant about sending takedown notices to Amazon (they have a mixed record in taking them down in a timely manner, however), but they pop up EVERY DAY. Most of the sellers seem to be out of China.

 

I have not sold an EL for any of these that show up on Amazon/eBay, ever. Correct me if I am wrong, but I believe our TOS says buyers cannot use our images on print-on-demand, and I consider these imposters using them for print-on-demand.

 

Keep sending takedown notices and keep vigilant, it's the only way right now.

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I have just found an image of mine for sale as a print on Amazon.  I contacted the person and they have purchased it from SS (they sent me proof) - are they allowed to buy and then print and sell the image?  Obviously I am sure they won't sell hundreds, but is there a limit as obviously I (nor SS) know how many will actually sell?

 

Thanks in advance

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I have just found an image of mine for sale as a print on Amazon.  I contacted the person and they have purchased it from SS (they sent me proof) - are they allowed to buy and then print and sell the image?  Obviously I am sure they won't sell hundreds, but is there a limit as obviously I (nor SS) know how many will actually sell?

 

Thanks in advance

This article outlines it succinctly, http://www.shutterstock.com/blog/2010/05/ask-shutterstock-image-usage/

 

It says it is allowed with an Enhanced License. They will have to prove they bought an EL or take it down.

 

I always double-check to see if I'd had an EL sold when I find Amazon or eBay instances of the usage of my images... never happens. I get an EL about once a year, and I usually find it later published in a book.

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This article outlines it succinctly, http://www.shutterstock.com/blog/2010/05/ask-shutterstock-image-usage/

 

It says it is allowed with an Enhanced License. They will have to prove they bought an EL or take it down.

 

I always double-check to see if I'd had an EL sold when I find Amazon or eBay instances of the usage of my images... never happens. I get an EL about once a year, and I usually find it later published in a book.

There it is.

 

 

With an Enhanced License, you can use Images:

  • In print runs exceeding 500,000 copies.
  • For print on demand projects such as postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
  • For promotional merchandise, such as shirts or mugs, that you sell or give away.

The three uses listed above are not permitted with a Standard License. You’ll need an Enhanced License for those uses. More details about the differences between licenses are available in this comparison chart.

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They do not have the right to use the images for Print on Demand with the Standard License. But some  microstock agencies have affiliate programs  and their affiliate partners can use your images in this way. You will receive royalty only after a sale and it with be as a standard subscription price. Last year I found  a portfolio with my images in All Posters. After writing them official request they answered that they license my images through Fotolia. I removed the images from Fotolia and they closed the portfolio. Opt out from affiliate programs where it is possible.

 

Etsy is another place where you can see your images. One letter with explanation that they do not have the right to use the images without EL is enough - they quickly remove the items.

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  • 5 years later...

WRONG : Print on demand is allowed for up to 500,000 copies (depending on what you are printing on, one example are self published books) https://support.shutterstock.com/s/article/Can-I-use-Images-for-my-self-published-book-or-on-demand-book?

That's just one example. Print on demand is allowed on many other things with the standard Shutterstock license. (As seen here: https://www.shutterstock.com/blog/ask-shutterstock-image-usage) Even then there are still more uses but I am only speaking of "images" here.

Finally WRONG AGAIN : As you can see here Standard license is NOT just for personal use but ALSO commercial use (unless editorial) https://www.stockphotosecrets.com/buyers-guide/shutterstock-pricing.html

That is just one example but commercial print on demand is also allowed on other things and other formats if you read further.

Yes I know that on the main license page, one option says personal use.....that's ONE option.....others are listed in the same list including print on demand.

screenshot-www.stockphotosecrets.com-2021.06.08-10_42_53.png

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On 6/8/2021 at 3:15 AM, The Truth Giver said:

WRONG : blah blah blah

Ok "Truth Giver"

That thread is from 2016 and the TOS has changed probably a dozen times since then and what was the deal back then is not necessary the deal today

What you posted is wrong btw I am afraid

Quote

That's just one example. Print on demand is allowed on many other things with the standard Shutterstock license. (As seen here: https://www.shutterstock.com/blog/ask-shutterstock-image-usage) Even then there are still more uses but I am only speaking of "images" here.

That blog is very clear; one CANNOT use a Standard License for PoD, but that an Enhanced License is required. Maybe you don't understand what PoD is.

So the only thing that is "WRONG" is that you forgot to read

and that's the truth 

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