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Steve Cukrov

Shutterstock on FFA

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On 9/6/2019 at 12:14 PM, Forum Mihai said:

I also use to have some product shots of alcoholic beverages there and I even sold them a few times.

However, FAA informed me that they received cease and desist DMCA request from the lawyers hired by the brand owners.

I immediately deleted all offending material, not just what was mentioned in that letter.

In my opinion, this is how FAA operates. They allow material infringing copyrights to be sold and they wait for the copyright owners to explicitly ask for removal.

It's like walking on thin ice, if you ask me.

 

On 9/6/2019 at 12:32 PM, Istvan Balogh said:

Thanks very much Mihai. I don't have any such "brand promoting" or displaying stuff, just made me curious after popping up such sales on faa how those contributors get away with it in photos. I suppose it's a totally (?) different scenario if these logos are part of paintings or drawings. Then they may be (seem to be) allowed.

This is something I am unsure about.  I have opened an account at FAA where I am placing a different style of work from the stock sites - although they may involve the same photo to start with.  Rather than photographs I am offering "painting style photographs" (and no it is not just a filter - its a bit more than that) and I have some of well known vehicles/bits of vehicles.  Now as far as I understand the law if I go out with a paintbrush and paint a RollsRoyce I can sell that painting perfectly legally - complete with logo style etc.  However if I take a photo I cannot.  So what about  when I take a photo and turn it into a painting?   Using a computer not a physical paintbrush.  It is obvious FAA will allow me to upload it and market it - they have a huge number of very similar images include straight forward out and out photographic prints (something about an artistic print sold direct for decoration is different from stock?) but that does not of course mean it is legal.

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To be fair I would not use Shutterstock as a yardstick in what is effectively a totally different market.  Shutterstock sells licences of images - it might say royalty free but it is still a licence - a legal agreement for the use of the image.  FAA sells images - NOT licences.  The purchaser of an image on FAA gets an image and that is it - they get no licence to do anything with it.  It is (as always) the difference between image and licence that confuses.  Many people think that stock agencies sell images (especially when they have PoD associates) because that is what is shown to them.
Shutterstock are obviously and necessarily going to be legally accurate on law regarding licencing - it is what they do.  However not all of those laws apply to image selling and some apply in different ways.
 

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I have also found 2 of my images on FAA.

As I have my own portfolio there, I have decided to remove those 2 images from Shutterstock. It's been a week and the images are still on FAA.

I contacted Shutterstock support to ask how long it will take. Support first doesn't understand, then asks for images IDs that I don't have since the images are not on SS anymore,  then answers that I should contact FAA myself!!!!!

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On 10/31/2019 at 6:56 AM, Istvan Balogh said:

sorry for "hijacking" the thread but when trying to add a new one, my topic idea didn't make it thru. so I am throwing it in here with your permission. besides, it "somewhat" relates to this topic. there is this never ending discussion about quality versus quantity. and there is no clear cut answer to it. so why not allow contributors decide and consider in which group their photo suits best. why not do something similar to what Getty/iS does? create a new category for "higher end, higher quality" photos or images? and you could place your more outstanding photos under there. separate them from the "run of the mill" quick, not too demanding pics? those that you are not too happy to get a "sub price" (25/33...cents) for them, because it could be used for let's say wall art or for more demanding purposes, i.e.: you are targeting EL use, etc. this would not only satisfy contributors more, but also made the search experience of the end user better too by not having to weed through the chaff to find their "treasure". and the minimum price would be set much higher than the sub price. I imagine from the programming point of view this is not impossible. it would also reduce the overwhelming quantity of typical and true stock photos in a quick action by allowing users to go through their port and split it up this way. i think it is food for thought!?        

I would guess this is exactly what SS did by creating offset:.com: "A high-end imagery resource from Shutterstock. Authentic, captivating stock photography and illustrations".

 

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On 11/28/2019 at 2:22 PM, Delpixel said:

I contacted Shutterstock support to ask how long it will take. Support first doesn't understand, then asks for images IDs

I have had the same experience twice in two weeks with another query,firstly they don't understand then ask for ID's then come back with incorrect answer anyway....very frustrating!

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On 11/28/2019 at 7:22 AM, Delpixel said:

I have also found 2 of my images on FAA.

As I have my own portfolio there, I have decided to remove those 2 images from Shutterstock. It's been a week and the images are still on FAA.

I contacted Shutterstock support to ask how long it will take. Support first doesn't understand, then asks for images IDs that I don't have since the images are not on SS anymore,  then answers that I should contact FAA myself!!!!!

I have the same problem also.  Back in September after I made my post in this thread, it seemed like the only option given to us was to remove the images from SS that I didn't want being sold on FAA (since they won't allow us to opt-out), as they directly compete with my own account there.  I hated to have to remove images that sold well here just to solve the issue, but decided it was worth it to do so and had to bite the bullet on that.  But then now I just noticed that all these months later these images are STILL available for sale on FAA under the SS account.  Since I removed them from my account here back in September of last year, why are they still being sold there and since these images are no longer in my account here, exactly where have the commissions for these sales been going since then?  

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Still there, all these months later.  SS, I want my images removed from your account at FAA immediately, I removed them from this site 8 months ago, which means you have no right to license them there or anywhere else any more.  Also, since those images are no longer in my account here for me to get my commissions, where exactly have the commissions been going for sales of these images in the last 8 months??

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19 hours ago, Dave Allen Photography said:

Still there, all these months later.  SS, I want my images removed from your account at FAA immediately, I removed them from this site 8 months ago, which means you have no right to license them there or anywhere else any more.  Also, since those images are no longer in my account here for me to get my commissions, where exactly have the commissions been going for sales of these images in the last 8 months??

Consider going through FFA and submitting a take-down notice. 

SS clearly isn't going to remove the image, considering it's already been 8 months.

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On 5/30/2020 at 5:35 PM, Andi GreyScale said:

Consider going through FFA and submitting a take-down notice. 

SS clearly isn't going to remove the image, considering it's already been 8 months.

Unfortunately I don't see how that would help with all of the other places and partner sites that they use our images on.  The problem is that I have removed these images from this website and their right to license or sell them, yet they are still doing it, and probably at more partner sites than just FAA.  If they are still selling my images at FAA and not paying me for the licenses, then how many other places are these images still available where they are still selling them without compensating me...

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1 minute ago, Dave Allen Photography said:

Unfortunately I don't see how that would help with all of the other places and partner sites that they use our images on.  The problem is that I have removed these images from this website and their right to license or sell them, yet they are still doing it, and probably at more partner sites than just FAA.  If they are still selling my images at FAA and not paying me for the licenses, then how many other places are these images still available where they are still selling them without compensating me...

+1

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On 5/31/2020 at 3:43 PM, Dave Allen Photography said:

Unfortunately I don't see how that would help with all of the other places and partner sites that they use our images on.  The problem is that I have removed these images from this website and their right to license or sell them, yet they are still doing it, and probably at more partner sites than just FAA.  If they are still selling my images at FAA and not paying me for the licenses, then how many other places are these images still available where they are still selling them without compensating me...

Then you go to those websites and repeat the procress.

Look, SS doesn't care. They're not going to remove the image for you, so you have to do it yourself.

So either do the work and get it removed, or just let it go and move on already.

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