So upset: cease and desist settlement demand!

[Verve Designs]

Oh now I'm nervous cause I sold a few peices at an exhibition a few months back which we're from google images. I always do my own interpretation but are based around stock photos

Well- technically, you're in breach of copyright I think (again, I'm not a lawyer, I just have to keep an eye on this kind of thing for my work)

The law says that copying and an infringement is "copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form, including storing it in any medium by electronic means".

Now, is the artist REALLY likely to see it? Probably not.

Is he/she a multi-million pound company that uses sophisticated software to track image use violation? No.

Would it be "identical" enough to class as a "copy"? well, without seeing the orignial, we can't say. There are plenty of elephants about.

I probably wouldn't worry too much about it in reality.

As someone whos designs are often "stolen" and used without permission and payment, I find it annoying to be honest (especially as It's actually both mine AND a clients logo people are using). However, I've noticed LOADS of logos that are my "style", and there's nothing I can do about that really- and nor would I want to do anything about it.

I think it would be best to pop the artist an email in the future to see if they mind, and perhaps pop them a tenner via Paypal

p.s. It's very nice!

p.p.s There used to be a law (and I'm not sure if it still stands) that if a work is 33% different then it doesn't class as "copying". If that's true or not, I really don't know- it might have changed. But if your interpretation is sufficiently different then you should be ok.

 

[CHarvey]

Well- technically, you're in breach of copyright I think (again, I'm not a lawyer, I just have to keep an eye on this kind of thing for my work)

The law says that copying and an infringement is "copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form, including storing it in any medium by electronic means".

Now, is the artist REALLY likely to see it? Probably not.

Is he/she a multi-million pound company that uses sophisticated software to track image use violation? No.

Would it be "identical" enough to class as a "copy"? well, without seeing the orignial, we can't say. There are plenty of elephants about.

I probably wouldn't too much about it in reality.

As someone whos designs are often "stolen" and used without permission and payment, I find it annoying to be honest (especially as It's actually both mine AND a clients logo people are using). However, I've noticed LOADS of logos that are my "style", and there's nothing I can do about that really- and nor would I want to do anything about it.

I think it would be best to pop the artist an email in the future to see if they mind, and perhaps pop them a tenner via Paypal

p.s. It's very nice!

p.p.s There used to be a law (and I'm not sure if it still stands) that if a work is 33% different then it doesn't class as "copying". If that's true or not, I really don't know- it might have changed. But if your interpretation is sufficiently different then you should be ok.

It's not like I trace my pieces, unlike some "artists" you see on FB lol..it's not actually one of my best, I probably won't even finish it, I was hungover on mother day and couldn't be bothered going out so lay in bed drawing was fed up of pet portraits so googled elephants lol
In the future I will contact the artist directly and doubly check if u can use their photos to draw and sell on xx thank you x

 

[Catdeluxe]

So sorry to hear that you've found yourself in this situation but thank you so much for posting - I was not aware of this and have today updated my website with pictures I've just bought from Dreamstime and removed any pictures where I was not sure about the legalities of using them. Salongeek is just so useful.
xx

 

[hazelb]

If you have changed your images I think it is recomended that you make sure any 'old' versions of your website aren't available on the internet.

I can't remeber how but I think if you goodle 'wayback' you will find a site ( wayback.org ? ) that holds archive images of your web site. I think there is a way of signing in and deleting them from the record.

As for the artist question.....

Artists have always copies other works of art /photos. :biggrin:

I think the problem is if you try and pass it off as an original ( painting for painting )

if you are inspired by pics that you change a bit..I'm not sure there is much of a problem. I'm sure there are some artists forums out there that would help you.

 

[Zooks]

What about the images on the "Images for Facebook thread"

I wouldnt use other brands images or pictures as such but I have taken ones of google for Mothers day and Easter etc

Or just generic pictures that say " I love you" which have been used for Valentines etc

Eeek

I am nervous now

Heading off to my page to make sure I have the right to use all of the pics on there!

Does anyone have a site they can recommend that is good value or free for pictures?

 

[Verve Designs]

What about the images on the "Images for Facebook thread"

I wouldnt use other brands images or pictures as such but I have taken ones of google for Mothers day and Easter etc

Or just generic pictures that say " I love you" which have been used for Valentines etc

Eeek

I am nervous now

Heading off to my page to make sure I have the right to use all of the pics on there!

Does anyone have a site they can recommend that is good value or free for pictures?

You'll probably be ok with those Facebook things. They're designed to go viral in that way. I've designed some myself and sent them on their merry way!

Free photo sites are as rare as rocking horse poo

It's just such a big business, and photographers need a living too! Very little on the internet is "free". And look what happens when people go looking for freebies? They get stung.

I've mentioned this one a few times- stock.xchng - the leading free stock photography site the images are hit and miss (you're basically not going to find any good beauty industry images free anywhere) but most of them are free (within reason, again, check the license).

If you are using Dreamstime etc. make sure you're getting the right resolution image (AND CHECK THE LICENSE! some can only be used for personal reasons (i.e. not commercially), some can't be replicated so many times, and NONE of them can be used in a logo) try and get a print and a web version- as you can never go UP in size (for example if you buy an image that you then want to use on a flyer, if its a web only one, it wont work) but you can come DOWN in size (i.e. buy one for print, and you can use it on the web as well)

That make sense? lol

 

[IndieGlow]

Be sure they are actually a legit company!! I wouldn't trust someone who rushes in guns blazing demanding £900 odd quid! Sounds dodgy!!

 

[LilMissEmmylou]

Be sure they are actually a legit company!! I wouldn't trust someone who rushes in guns blazing demanding £900 odd quid! Sounds dodgy!!

Getty images are very much a legit company. They are commonly used by the press for stock images of celebs among other things.

 

[Meelie]

If you pay a design company to design a leaflet for you and then you replicate part of that leaflet and put it in another leaflet or your website would that be breaching copyright?

 

[Verve Designs]

Clear it with the designer. Usually a design is for the purpose for which it was designed for only (logo designs can usually be used for anything though).

 

[Lynne Baker]

Be sure they are actually a legit company!! I wouldn't trust someone who rushes in guns blazing demanding £900 odd quid! Sounds dodgy!!

Oh dear!

Getty is a massive, vicious organisation currently worth approximately $3 ish BILLION.
They're well known for their bullying tactics, and whilst it's worth remembering that their standard demand letter does NOT create a debt, they're not a company to play chicken with.

 

[Tomme]

Just thinking back a little bit, while in school I'm sure we used pictures off the Internet to copy etc...
And what about famous pictures such as Van Gogh's work? Xoxo

 

[CHarvey]

Just thinking back a little bit, while in school I'm sure we used pictures off the Internet to copy etc...
And what about famous pictures such as Van Gogh's work? Xoxo

I suppose it's about who owns the rights..who owns the rights to Picasso images??
It's all very complicated. We asked a photographer to help us with images for our website and price list. We wanted three models who we would provide and style to be photographed in a two hour studio session. The cheapest photographer was £600!! This included 1 years image rights to use on website and price lists but would be £800 if we wanted complete image rights for a year!! We were like "but it's our work we just want you to take photos"!!!
All rather strange

 

[Tomme]

I suppose it's about who owns the rights..who owns the rights to Picasso images??
It's all very complicated. We asked a photographer to help us with images for our website and price list. We wanted three models who we would provide and style to be photographed in a two hour studio session. The cheapest photographer was £600!! This included 1 years image rights to use on website and price lists but would be £800 if we wanted complete image rights for a year!! We were like "but it's our work we just want you to take photos"!!!
All rather strange

That's why I'm looking for a student photographer who needs work experience for our charity day, but only in exchange that we as well as them have unlimited use of the photos xoxo

 

[rosie'sgrandma]

we had a similar letter a few years ago, a friend of a friend did our website as a favour, 18 months later we received a letter from Getty images demanding £1600 reduced to £1200 if we paid within a certain time.
we thought it was a scam at first, spoke to the legal beagles at FSB, they advised us to pay, if we didn't we could be taken to court and end up with either an increased fine and or prison, we paid up,
Big hugs, I do hope you get it all sorted.
Sharon x

 

[facelashbrow]

They sound so.heavy handed, especially for a huge company and you're a mobile.beautician. Good luck I.hope you.manage to sort it.

Slightly different scenario, but on the flip side my friends a photographer and she has found hers and other photographers images on other peoples websites or on clients websites then with.a crappy effect on them or cropped, or just blatantly copied, and she finds it really frustrating...she says she has put the work, training, editing etc into and then it goes off elsewhere without her credit or passed off as someone else's work. I even did it before I knew better, a bride said I could use a pro image for my site, posted it and the tog sent me a stroppy msg saying I hadn't asked.permission. we came to an agreement as I hadn't been malicious but it just goes to show!

You can copy and paste.images in Google.now, so they're not hard to find x

Sent from my HTC Desire using Tapatalk 2

 

[Lipstick Kisses]

Thanks for the advice and glad it's warned some fellow geeks in case they get caught out next! We called them up and got it reduced to £590 which is better than nothing but now I have to pay within 3 days instead of the original 2weeks!! Eeek! Some people have advised to remove the image (already done) then ignore the settlement demand as its nit worth then taking me to court for a small amount but I don't want to risk it!!! Others have said to comply but offer a more reasonable amount eg. What similar images are selling for on other sites and see if they will accept but I don't know if that too is risky?going to call a solicitor tomorrow for advice. Only been 21 for a week now and the world seems a much more serious place than before =p

 

[Lolly22]

God I had no idea this kind of stuff went on. Clearly I am clueless lol! I mean, I knew about copyright but I didn't think a company would go as far as sending a bill to a mobile beautician.

Sorry I have no advice but just wanted to say I hope it all works out. That is alot of money to pay, but if this company is so big it's like buttons to them isn't it? That makes it even more annoying. Good luck in speaking with a solicitor. X

 

[Tomme]

They sound so.heavy handed, especially for a huge company and you're a mobile.beautician. Good luck I.hope you.manage to sort it.

Slightly different scenario, but on the flip side my friends a photographer and she has found hers and other photographers images on other peoples websites or on clients websites then with.a crappy effect on them or cropped, or just blatantly copied, and she finds it really frustrating...she says she has put the work, training, editing etc into and then it goes off elsewhere without her credit or passed off as someone else's work. I even did it before I knew better, a bride said I could use a pro image for my site, posted it and the tog sent me a stroppy msg saying I hadn't asked.permission. we came to an agreement as I hadn't been malicious but it just goes to show!

You can copy and paste.images in Google.now, so they're not hard to find x

Sent from my HTC Desire using Tapatalk 2

I've an odd one that's been answered before with a bridal shoot. A bride paid the photographer and was given full rights to the pictures, i requested some back of head shots too and I would pay separate but he said to ask the bride as she gets all of them but had no problem with me using them. I don't use the pictures at all, because I wasn't given photographers permission in writing xoxo

 

[Zooks]

I take it were talking any image atall rather than just pictures?

I was just having a nose through google and on some images it is really hard to find out if they are copyright or not.

I have often put pictures up for friends of make up asking if its the kind of look they are going for, not claiming it as my own but I am assuming I could still be prosecuted for this?