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Copyright violation or not?


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was it ever sold here or elsewhere and if so, could he be one of the buyers?

If you are not sure, send him a message and tell him in a nice way you really love that image and you like to know where he got it. (not tell him yet it is yours)

Other than that, the use itself is legit as long as he acknowledges the image is not his.

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In my opinion it’s a grayzone because it’s not really part of his own port but of his own ‘logotype’. The grayzone comes in because he’s a graphic designer - and a very skilled one ‘obviosly’ and it looks like his own work. If it was any other trade I would say it was clearly ok. If he have paid for it thatis. Only question is why the hell he didn’t make something himself ..! Makes one wonder about the whole port ...

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17 minutes ago, oleschwander said:

In my opinion it’s a grayzone because it’s not really part of his own port but of his own ‘logotype’. The grayzone comes in because he’s a graphic designer - and a very skilled one ‘obviosly’ and it looks like his own work. If it was any other trade I would say it was clearly ok. If he have paid for it thatis. Only question is why the hell he didn’t make something himself ..! Makes one wonder about the whole port ...

As a graphic designer myself I agree completely. I can understand licensing/purchasing a stock image for a composition wherein the image is not the focal point but this guy is using it for a hero image/banner. You'd think he'd use something he actually designed himself as the first thing people see when going to his website. He may be one of many "assemblers" of the world, usually in developing countries.....a careless, young artist who collects assets (other artists' illustrations, photos he didn't shoot, fonts he didn't design/license etc.) and assembles them into pieces. When these kind of people get caught they disappear and then sprout back up under a new name. 

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2 hours ago, oleschwander said:

In my opinion it’s a grayzone because it’s not really part of his own port but of his own ‘logotype’. The grayzone comes in because he’s a graphic designer - and a very skilled one ‘obviosly’ and it looks like his own work. If it was any other trade I would say it was clearly ok. If he have paid for it thatis. Only question is why the hell he didn’t make something himself ..! Makes one wonder about the whole port ...

Exactly what I was thinking. Why the hell would you do such a thing, unless everything is stolen?

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@Anita Ponne 

Did you read the article below already? 

Behance Community Guidelines

(Excerpt) "Behance is a platform for sharing your own creative work to the public — not for uploading or sharing other people's work that you like. Please do not upload other people's work to your own profile."  "If you want to report misuse of your own creative work or your own trademark by one of our users, you can do that here."  "If you ever experience a user violating the Community Guidelines, you can make a report to us. See below on how to make a report to us."

https://www.behance.net/misc/community

A hero image is a part of a profile. It would be better for you to directly ask Behance about this matter. Good luck! 

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3 hours ago, Yori N said:

@Anita Ponne 

Did you read the article below already? 

Behance Community Guidelines

(Excerpt) "Behance is a platform for sharing your own creative work to the public — not for uploading or sharing other people's work that you like. Please do not upload other people's work to your own profile."  "If you want to report misuse of your own creative work or your own trademark by one of our users, you can do that here."  "If you ever experience a user violating the Community Guidelines, you can make a report to us. See below on how to make a report to us."

https://www.behance.net/misc/community

A hero image is a part of a profile. It would be better for you to directly ask Behance about this matter. Good luck! 

Ooh, thanks, that's very useful!

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5 hours ago, Anita Ponne said:

It's going to be hard to decide whether or not he's telling the truth if he tells me he bought it. (Or should I ask for a receipt?) I have to think that over. Besides, I'm a shitty liar. If you believe that ;)

You are interested where he bought (?) it, aren't you? So you're not lying.

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7 hours ago, Anita Ponne said:

It's going to be hard to decide whether or not he's telling the truth if he tells me he bought it. (Or should I ask for a receipt?) I have to think that over. Besides, I'm a shitty liar. If you believe that ;)

Just a side note, we aren't supposed to contact people ourselves. Darn violations at every turn? ☠️

His use is surely unethical, because it gives the impression to site visitors that it is his work. He should credit you.

 

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1 hour ago, HodagMedia said:

Just a side note, we aren't supposed to contact people ourselves. Darn violations at every turn? ☠️

 

 

Since nobody has a clue where that picture comes from at this point, no agency can claim potential loss of income and no rules will be violated. 

Besides..........Ouch.  I just bit my tongue...

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On 3/27/2020 at 2:22 PM, Anita Ponne said:

I've found my illustration in use as a hero image in this guy's Behance site: https://www.behance.net/WalidMohsen and I wonder if that's considered legal?

Image is used as a hero/top banner, but it is NOT listed in the list that follows of his own work. So, he is not claiming that this is his work. Neighter does he claim that fonts used on this page is his own work. We need to stretch our sanity here :) I'm a graphic designer my self, and sometimes referral work I've done - like a brochure, which contains elements from stock photo sites. The brochure is MY work, that is: the layout, sections of a page (like a hero on a web page) and so on. Designers don't make everything from scratch themself. Who made the fonts used? Who made the brand mark used? And so on. It's like a Boeing 737 airplane, it's made of components from a diversity of producers - but Boeing claims it's a.. u guess it: A Boeing product. Anyone see my point? The guy dont claim he did it. What he claim he did is listet below that hero banner. I think you should be proud he used your image, downloaded from shutterstock with no watermark (and obviously paid for). That is, unless you are selling it trough other stock sites. However, it is a good practice to credit an image origin.

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20 hours ago, Yori N said:

A hero image is a part of a profile. It would be better for you to directly ask Behance about this matter. Good luck! 

So is the fonts used in that profile. The guy don't claim the hero image is his work, neither does he claim fonts used is his work.. He has clearly listed below what is his work, thought those also contain fonts and elements made by others. Lets calm down a bit :)

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19 hours ago, Rudy Umans said:

Since nobody has a clue where that picture comes from at this point, no agency can claim potential loss of income and no rules will be violated. 

Besides..........Ouch.  I just bit my tongue...

What I meant was, the agencies have clauses in the TOS that says, we shouldn't contact customers personally. True we don't know if this was licensed or not and where. I was only adding, we aren't allowed to write to buyers and ask questions. That's a violation of the TOS.

 

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48 minutes ago, HodagMedia said:

That's a violation of the TOS.

but whose TOS? we don't know where that image comes from and therefore we don't know if he is a customer or not and therefore Anita is on her own and therefore no TOS (of any agency) will be violated. At this point, no agency can claim this guy as a customer.

I understand your POV and you are right normally, but I don't think it applies here.

Having said that, as Yori said earlier, it is a violation of Behance, so she could contact them.

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3 minutes ago, Rudy Umans said:

but whose TOS? we don't know where that image comes from and therefore we don't know if he is a customer or not and therefore Anita is on her own and therefore no TOS (of any agency) will be violated. At this point, no agency can claim this guy as a customer.

I understand your POV and you are right normally, but I don't think it applies here.

Having said that, as Yori said earlier, it is a violation of Behance, so she could contact them.

Yeah I probably didn't express what I was getting at very well. "don't contact someone who's using your image, if it might have come from any agency legally" And true, the whole issue is irrelevant, because we don't know where or if.

i also agree it's unethical to use someone else's image, without credit, on a site that is advertising creative art. Behance terms were violated.

 

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