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Micro Photographer's Daily Contact Sheet Micropayment stock photography topics for the inquiring mind

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Old 07-08-2008, 03:51 AM
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Angry Misuse of downloaded image, help!

I uploaded an image on 7/31/2007: Royalty-free Stock Photo Image: Nature's Portal | iStockphoto.com

An extended license was sold for: $12.13 on
Sunday August 26, 2007, 04:30 PM


So I Googled my name, and a link came up:

Scenica - Canvas Wall Art by Scenica at Lightgate Imagery

I never saw that site before, nor has anyone downloaded this image from any other stock site I have uploaded it too. No idea what to do... Also if you visit their homepage, this image is in the popular buys section. As well as far as I understood the agreement on IstockPhoto, extended license does not allow this... any ideas? or advice.... or similar experiences??
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Old 07-08-2008, 04:44 AM
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According to iStocks Extended license agreement, it sounds like he can resell your image.

I copied the following from iStocks website...

=============================
Items for Resale - Limited Run
You may purchase Extended Licenses allowing uses of the Content in items for resale, license, or other distribution, including:

up to 100,000 cards, stationery items, stickers, or paper products,
up to 10,000 posters, calendars, mugs, or mousepads,
or up to 2,000 t-shirts, apparel items, games, toys, entertainment goods, or framed artwork.

Electronic Items for Resale - Unlimited Run
You may also purchase the option to resell the Content in an unlimited number of electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates.
=============================

From the above, he has the right to resell your image as art work up to 2,000 times.

If you don't want this to occur, you can opt out your images from being available for extended licenses.

Joe
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Old 07-08-2008, 05:15 AM
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Welcome to the world of micropayment... cases like yours have happened to many of us and it is the reason that many of us are submitting our best works to other more traditional agencies and distribution channels. It is a shame to receive such a small amount of money for a great image, IS got a lot more than you and the printers will recover their investment in no time. Consider it a lesson learned the hard way...
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Old 07-08-2008, 06:01 AM
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Quote:
Originally Posted by Rackman View Post
According to iStocks Extended license agreement, it sounds like he can resell your image.

I copied the following from iStocks website...

=============================
Items for Resale - Limited Run
You may purchase Extended Licenses allowing uses of the Content in items for resale, license, or other distribution, including:

up to 100,000 cards, stationery items, stickers, or paper products,
up to 10,000 posters, calendars, mugs, or mousepads,
or up to 2,000 t-shirts, apparel items, games, toys, entertainment goods, or framed artwork.

Electronic Items for Resale - Unlimited Run
You may also purchase the option to resell the Content in an unlimited number of electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates.
=============================

From the above, he has the right to resell your image as art work up to 2,000 times.

If you don't want this to occur, you can opt out your images from being available for extended licenses.

Joe
Yea but he is printing on canvas... and it states that he cannot do that!
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Old 07-08-2008, 06:27 AM
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You are in good company, though. They are also selling one from Rinder and one from Ansel Adams. Not sure whom of the three is more famous.

As they already said, this is microstock. Don't send them your artsy stuff. It gets pityful sales and it will most probably end up in the wrong hands.
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Old 07-09-2008, 11:35 PM
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He's is in violation of the agreement even with the extended license. He is selling them 'on demand' and he is selling them on canvas - both are in the prohibited section of IS. I would send him a cease and desist letter immediatly and explain the terms his violation and demand to know how many he has sold for how much - then go from there. Make sure he takes it off the website too.
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