1. Welcome to DNTrade. If you want to find out about the latest domain name industry news or talk, share, learn, buy, sell, trade or develop domain names - then you've come to the right place. It's a diverse and active community, with domain investors, web developers and online marketers - and it's free! Click here to join now.
    Dismiss Notice

WARNING: use of images online

Discussion in 'Web Development' started by findtim, Apr 25, 2015.

  1. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    i'm sure maybe this has been addressed before but here is what is happening today !
    http://screencast.com/t/ufm5lHTuC
    http://screencast.com/t/9nurheIzPi

    i got the image from a free stock photo site yearsss ago, i've now removed the image but if you read the letter they of course say they don't they just want money.
    i rang them and told them it was a ridiculous price for an image i can find for $1 of heaps of stock sites, they all look the same.
    the person immediately said, " oh well, i can give you a 65% discount " , !!!!!!!!!!!!!! what a scam, it still means @ $450+ .
    i said i was using it at 200px wide at 72dpi so it hardly was massive use. + i have an istockphoto account so i do purchase images but this one is so basic.
    so then she just said " well put it in an email and i'll send it to Seattle for processing. "
    --------------
    i think this is a load of crap, no warning, just an invoice, i did a reverse search on google and found it on over 500 websites, there was more but i stopped checking, you can't tell me 500 people paid for that image, OOHHH, yeh i forgot, even after paying her bill that would only bring me square to today, i'd then have to pay $596 quartely as " thats what it is worth" , so i threw a "snoopy" back at them and said " something is only worth what someone is willing to pay for it , so i will give you $1 "........ she didn't like that.
    i wonder how much luck they are going to have getting money out of all the russian, indian, Chinese sites using that image ?
    -----------------
    anyway, just a heads up, perhaps better to pay a few bucks and totally stop with free stock, she told me that the free stock websites have a disclaimer that says something like " we take no responsibility for original ownership "
    i talked a mate of mine who works for them as a photograph appraiser and he said the photographer could have placed it there before joining them, but i have no proof but nor do they.
    tim
     
  2. helloworld

    helloworld Membership: VIP

    Joined:
    Apr 21, 2012
    Messages:
    1,113
    Likes Received:
    164
    Ignore it ? It would cost them more to pursue you.

    That said, I've been using dollar photo club I think you suggested it. It's a good deal as opposed to istock which is a rip
     
    eBranding.com.au likes this.
  3. eBranding.com.au

    eBranding.com.au Membership: VIP

    Joined:
    Apr 6, 2011
    Messages:
    942
    Likes Received:
    498
    auDA Member:
    Yes
    Yep I've been using Dollar Photo Club for quite a while now, way better value.
     
  4. geodomains

    geodomains Membership: VIP

    Joined:
    Aug 18, 2008
    Messages:
    838
    Likes Received:
    99
    auDA Member:
    Yes
    Hey Tim,
    I've had the same from them for a website I didn't even build. The company who built the website for me has since changed hands and I was told by D&B I am responsible for any images regardless.
    So I told them to do whatever they want, I'm not paying for it. They still send a notice every now and then and I just bin it.
    They would have to prove behond doubt it was their photo and in my case would have been near impossible.
    Don
     
  5. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    thanks Don, it is clearly theirs, and they told me the same thing about responsibility.
    i'll see what reply i get and if its no good we'll start to bin the invoices.

    tim
     
  6. Cooper Mills DomainLawyer

    Cooper Mills DomainLawyer Membership: VIP

    Joined:
    Dec 11, 2008
    Messages:
    1,512
    Likes Received:
    515
    auDA Member:
    Yes
    I have seen the letters D&B are sending out on behalf of Getty Images - the biggest problem with them is that they dont state the basis of their copyright ownership and just ask people to pay up. I recommend that if you get into a discussion with them, ask them for detailed particulars of how they say Getty Images or their other clients are the owners of the copyright - I question their claims considering many of the images on their website are found on almost all of the other image websites like bigstock, shutter stock and dollar photo club (DPC). DPC is a fantastic site and are very reasonable with their fees.
     
  7. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    thanks erhan, the question about exclusivity must be asked.

    tim
     
  8. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    getty came back today with a lenghty " F u, pay up " email and given the client 7 days to pay at the "discounted" 66% off price.
    i'm going to have to inform the client as its his decision to make, i acted in good faith but personally i think this is a scam, i also think its a scam that could EASILY be created by themselves ! kinda like antivirus software companies paying people to create viruses.
    this i think affects all of us, this type of behaviour, so i hope by posting this memebrs can review their sites, thats all.
    --------------------
    here is the reply.
    -------------------------------------
    Dear Tim,
    Thank you for your email regarding copyrighted imagery.

    Getty Images has chosen to try to quickly close unauthorized use cases such as this by avoiding the mutual burden and cost of litigation. With respect to settlement, the damages Getty Images seek are based on the fact that Getty Images and its represented photographers have been injured as a result of your client’s unauthorized use and now seek to be made whole. These damages are calculated by the lost licensing fees. Had your client,*******************, not infringed on the represented photographers’ copyrights, Getty Images would not be attempting to recover these fees for this unauthorized use matter.

    Rights Managed images, such as the one at issue, are exclusive to Getty Images and available for license only through the Getty Images website. The image would have required the appropriate licensing prior its use on your clients website. Getty Images has been unable to find the necessary licenses for this use. Getty Images represents the photographer who owns the copyright in this image.

    With respect to your comment that you sourced the image from a website that offered “free” images; sourcing content from so-called ‘free’ websites, is something that you need to be careful with. We recommend that you read terms and conditions associated with such websites to ensure that the owners of these website will indemnify you against claims of copyright infringement for content sourced from this websites. Getty Images is reputable company which will indemnify its customers from claims of copyright infringement for content licensed from Getty Images and used per the terms of the license purchased. You will likely find that the website that you sourced the content from will not protect you in such a manner, as would be apparent from the fact that Getty Images exclusively licenses this image on behalf of the copyright holder with whom Getty Images have a contract to do so.

    The settlement offer presented is based on several factors that include the average cost of licensing, and some administrative costs related to policing these matters. If Getty Images were to simply ask companies to remove the infringing images and/or charge the regular licensing fees after the infringement was detected, it would not provide a disincentive for people to use the imagery without authorization. Instead companies could use Getty Images imagery without paying the necessary licensing fees and, in the event that the infringement is detected, that company could simply pay what it would have cost to license the imagery and/or remove the imagery without penalty. This does not make good business sense. Therefore, Getty Images must – in cases of copyright infringement – pursue these matters to the full extent of the law in order recover lost licensing fees and its costs of enforcement. Getty Images also makes an effort to dissuade copyright infringement from occurring in the first place through these measures.

    Getty Images cannot control the business decisions made by other companies with respect to how they source their imagery without taking the appropriate steps to ensure that the artist gets paid for the use of their work; Getty Images can only depend on the law to seek compensation for an infringer’s activities after the infringement has occurred. It would have been nice to be able to advise you in advance of this infringement occurring but this would be an unrealistic expectation.

    Getty Images understands that you were contracted to design and develop your client’s website. However, if no licenses from Getty Images exist, the liability of any infringement ultimately falls on your client (the end user). We will allow you to settle this matter on your client's behalf. If however, you are unable to reach settlement on your client’s behalf, Getty Images would continue to pursue this matter with your client.

    However , in an effort to resolve this matter as quickly and amicably as possible, Getty Images is still willing to extend a reduction off of the total amount of the unauthorized use settlement, reducing the settlement from $1369.50 to $465.00 contingent on payment being received postmarked by 18/05/2015 .

    Payment of this amount according to the aforementioned terms will serve as full and final settlement of this matter. This offer is made without prejudice and the terms of this settlement offer shall be kept confidential, except as may be required by law. Getty Images expressly reserves all rights and remedies available under copyright law. Settlement of the unauthorized use claim does not constitute permission for future use of the imagery.

    To discuss settlement please email back or call 1300 315 866 weekdays 9am to 5pm.
    "contact name" **************
    Customer Management Solutions
    479 St Kilda Road
    Melbourne VIC 3004,
    Australia
    www.dnb.com.au
    1300 315 866
    *This email is without prejudiceto Getty Images' rights and remedies, all of which are expressly reserved.
     
  9. James

    James Membership: VIP

    Joined:
    Sep 9, 2010
    Messages:
    2,780
    Likes Received:
    460
    Yeah this is kind of worrying I have outsourced web design work in the past and the designers claim they own the images or they have purchased the images in the past. I think it might be safe to just go and buy any images that look stock on another site and if you receive any BS letter you can say please refer to payment here.
     
    findtim, DnEbook and petermeadit like this.
  10. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    yes, thats going to be my method from now on, any invoice proof is better then none.
     
    petermeadit likes this.
  11. Ash

    Ash Membership: Trader

    Joined:
    Dec 21, 2010
    Messages:
    1,145
    Likes Received:
    63
  12. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    in closure here for this thread, and to help others, the BIGGGG message here is " don't trust your web designer for images placed on the website."
    through this process although i thought i was doing the correct thing, the client trusted me, and in the end the client was responsible for the bill.
    now him and i have sorted this out together and i'll being do some extra work he wanted to repair our relationship as i fell really bad about it.

    if you are outsourcing then you are totally screwed, so remember that, put that into your brief " proof of purchase " , the free stock libraries i'll never go to again as i can use the image over and overrrrrrr again which just multiples the potential litigation problem.

    so now here we just purchase all images thus we have a receipt, if a client sends an image we insist they STATE in the email that they are the owner of the image.

    and just to scare you even more, travel images, holiday, tour etc......... if it was taken by a professional photographer and the person purchased the image of the professional photographer the person actually DOES NOT own the image !!!!!! even though it is of them !!!!!

    lesson well learnt
    tim
     
  13. robert

    robert Membership: Community

    Joined:
    Sep 24, 2014
    Messages:
    257
    Likes Received:
    179
    auDA Member:
    Yes
    Thanks for sharing all your info Tim. I'm going to be spending the rest of this week auditing various websites...
     
  14. robert

    robert Membership: Community

    Joined:
    Sep 24, 2014
    Messages:
    257
    Likes Received:
    179
    auDA Member:
    Yes
  15. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    robert thanks for the link and its a good read, i actually did almost everything in that article but it was a case of the client not wanting any hassles, he stated to me " i have other problems more important then this $600 and i just want it to go away "
    but in the end its been a good thread of information.

    tim
     
  16. robert

    robert Membership: Community

    Joined:
    Sep 24, 2014
    Messages:
    257
    Likes Received:
    179
    auDA Member:
    Yes
    Out of interest, did they ever prove the photo was from their collection (like istockphoto.com) ? And if not, did you go to their collections and see if the exact photo was part of their collection?
     
  17. findtim

    findtim Membership: VIP

    Joined:
    Dec 13, 2011
    Messages:
    7,334
    Likes Received:
    1,508
    auDA Member:
    Yes
    yes, also i had my mate who is an "image judge" AND gets paid to do it for getty and istockphoto ! also looked into the problem for me and could not find a solution, so really i don't think i could have done any more ? as i had an insider check it.
    my mate flys @ the world going to getty conferences and events and is FULL time in stock photography, LOL he said to me the other day that his wife said to him " what are you doing here ? pick a country and go away "
    maybe she has a boyfriend LOL
    helena said to me the other day " what are you doing here, go to byron bay for a few weeks " maybe she has a boyfriend ?
    tim