Mooneclipse Posted May 18, 2015 Share Posted May 18, 2015 Hi guys! Last week i found that one image that i sell only with Alamy is used in a footage sold by shutterstock and another micro stock agency. The " video" is just my photo of the statue of Plato, getting closer and closer to the face of the philosopher. Contacted Alamy member service and the guys said it can't be used in video footage that is selling in stock agency. It is submitted to the both agencies from the same user. I can't see if it has been downloaded and how many times. And i was wondering what to do. Who is liable for the copyright infringement and lost profits- the stock agencies- shutterstock and fotolia or the contributor? And in case it is the contributor how i could ask about his details so that my lawyer sends him mail, when in the private policies of the agencies it says that this info is protected and they are not responsible for the copyright infringements. What should i do? Thanks! Link to comment Share on other sites More sharing options...
paulm Posted May 18, 2015 Share Posted May 18, 2015 As you only sell it through Alamy, you should contact Member Services first. Is there something distinctive about your photo that will help to confirm that it has been copied. If you need it, Shutterstock's contact for this is infringementclaims@shutterstock.com Link to comment Share on other sites More sharing options...
Niels Quist Posted May 19, 2015 Share Posted May 19, 2015 What your image has been used for is widely called a Ken Burns Effect - a term it may be useful to use. http://en.wikipedia.org/wiki/Ken_Burns_effect Link to comment Share on other sites More sharing options...
spacecadet Posted May 19, 2015 Share Posted May 19, 2015 Is the image in the video watermarked? If not then it must derive from a legitimate download. Alamy will tell you who that customer is so you can make enquiries, or it will pursue the matter itself. Presumably you are quite sure it is your image. Link to comment Share on other sites More sharing options...
Niels Quist Posted May 19, 2015 Share Posted May 19, 2015 Is the image in the video watermarked? If not then it must derive from a legitimate download. Alamy will tell you who that customer is so you can make enquiries, or it will pursue the matter itself. Presumably you are quite sure it is your image. Must derive from a download in some way - it requires a good quality and a high resolution of the image to make a Ken Burns effect that doesn't look like an old mobile phone video. EDITED: I couldn't help checking the videos and your port. Just at a glance I couldn't find more than one video that could be a Ken Burns effect - and couldn't find the particular photo in your port. But there may be a number of reasons for this, it was just a quick glance. I just hope, as Mark also asks that you are quite sure it is your image - that you have proof in the image that the video derives from your image. Link to comment Share on other sites More sharing options...
dustydingo Posted May 19, 2015 Share Posted May 19, 2015 Lo Hi guys! Last week i found that one image that i sell only with Alamy is used in a footage sold by shutterstock and another micro stock agency. The " video" is just my photo of the statue of Plato, getting closer and closer to the face of the philosopher. Contacted Alamy member service and the guys said it can't be used in video footage that is selling in stock agency. It is submitted to the both agencies from the same user. I can't see if it has been downloaded and how many times. And i was wondering what to do. Who is liable for the copyright infringement and lost profits- the stock agencies- shutterstock and fotolia or the contributor? And in case it is the contributor how i could ask about his details so that my lawyer sends him mail, when in the private policies of the agencies it says that this info is protected and they are not responsible for the copyright infringements. What should i do? Thanks! Before publicly identifying an image (and therefore the contributor) at another place, especially in relation to an accusation of theft, I'd make absolutely certain the image used was mine . . . and the more 'generic' the image was, the more accessible the subject was, the harder I'd find that task . . . not saying you haven't done that of course, just stating that I, me, myself, would need to be absolutely certain before I wandered down that path. In this case, I can see only one instance where it almost certainly is your image, but to prove it . . . ? dd Link to comment Share on other sites More sharing options...
Mooneclipse Posted May 19, 2015 Author Share Posted May 19, 2015 Yes, i am 100% sure. Checked also with Tineye. This is my image in Alamy B917HH And this is in the video https://de.fotolia.com/id/74410685 Same contributor has used it in Shutterstock, but i sent them email for copyright infringement and they removed it. And when i was fixing it so that i put it in Alamy, i know where i have fixed some small things, so i doubt someone could make 100% the same Link to comment Share on other sites More sharing options...
Niels Quist Posted May 19, 2015 Share Posted May 19, 2015 Great. Good luck... Has it sold? Best to allow Alamy Member Service to trace and pursue the culprit, I think. Link to comment Share on other sites More sharing options...
dustydingo Posted May 19, 2015 Share Posted May 19, 2015 Yes, i am 100% sure. Checked also with Tineye. This is my image in Alamy B917HH And this is in the video https://de.fotolia.com/id/74410685 Same contributor has used it in Shutterstock, but i sent them email for copyright infringement and they removed it. And when i was fixing it so that i put it in Alamy, i know where i have fixed some small things, so i doubt someone could make 100% the same I think it's sewn-up then :-) I noticed some rough, unfinished edges on the "animated" version still online, looking much like a poorly defined selection-edge, so the quality of that particular version isn't too flash . . . but it has been downloaded according to the filtering available on that site. I'd follow Niels' advice and let Alamy Member Services chase it up. dd Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.