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10 years ago

Originally Posted by Nuno

I just found a person selling a web design WSO and showing in his previous work something he didn't create.

How do I know this? Because I created that, in 2009, and archive.org can show that (not to mention the vectorial sources I have). He just got the image somewhere and inserted it in his design, selling to his customers as if created by him.

Worse, that image includes a stock photo I acquired from iStockphoto / Getty Images with personal rights. All his clients are infringing their copyright and may get huge bills, sometimes of thousands of dollars. It has happened, many times.

Be careful, never use any template if that seller cannot show he has developer rights to all images.

The risk is all yours, you get the fine, Getty Images doesn't care about any excuses.

OUCH!
Sorry to hear that someone is claiming their work is yours! I would notify WF as soon as possible with your problem they will be able to help you out quicker than posting here.

Good luck

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Nuno

10 years ago

I've notified the person to stop selling it, not just for my own sake, but for his customers.

It was something I created 4 years ago, it doesn't bother me a lot if he complies, but buyers must know that sometimes a cheap design has a reason.

However if I see some of my recent designs copied by anyone, they will get a DMCA surprise just for starters.

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agmccall 10 years ago

Did you post a comment in their Warrior Special Offer

al
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Nuno

10 years ago

No, I prefer to deal amicably and give everyone a chance.
He is showing that as previous work, I don't believe he will risk selling it again after my warning.

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Istvan Horvath 10 years ago

Originally Posted by Nuno

No, I prefer to deal amicably and give everyone a chance.
He is showing that as previous work, I don't believe he will risk selling it again after my warning.

Actually, it is your duty - as everybody else's - to:
a) make a post in the WSO thread to warn potential buyers
b) report to the mods, since that WSO seller violated the rules

which means your preferences are not relevant :rolleyes:
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- Nuno 10 years ago
  
  I will do it if he doesn't reply or comply, don't worry.
  
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goldclubmember

10 years ago

Actually, it is your duty - as everybody else's - to:
a) make a post in the WSO thread to warn potential buyers
b) report to the mods, since that WSO seller violated the rules

which means your preferences are not relevant

Total agree with Istvan

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Danny Cutts

10 years ago

Yeah Getty came after my client after Logonerds stole some images to make a header graphic... you can read about it on my blog as well....

Be very careful - I now have a good lawyer who is dealing with both getty and also Logonerds...

Danny

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Nuno 10 years ago

Danny, I read your blog post. That situation is exactly what happens every day and people aren't aware of.
Getty will not forgive, you can pay a lower amount or risk being sued.

I only use images created by myself, from my old designers that give me all sources, or from stockphoto companies where I have a proof of purchase.
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Steve Wells

10 years ago

Originally Posted by Danny Cutts

Yeah Getty came after my client after Logonerds stole some images to make a header graphic... you can read about it on my blog as well....

Be very careful - I now have a good lawyer who is dealing with both getty and also Logonerds...

Danny

Did you or your client supply Logo Nerds with images to use on their header? Or did the designers at Logo Nerds actually go and find images that they had no legal right to use, and then use them on projects that they were contracted for?

In the first case, I could see why they are and do not want to be responsible but in the second case, they are fully responsible.

It seems from their terms of service that the client is supposed to give them images for their own design project? Not sure that would be the case all the time? Either way, I have worked this way before where someone gave me images, and I warned them, that they are responsible for the rights of those images and that I am not in anyway responsible "IF" they supply me with images. Sometimes I have, actually many times I have turned down clients who give me images that are obviously not legal, because I do not want to be apart of anything like that.

I am a designer, and I have to deal with this stuff all the time,

Getty is greedy for sure, but they are within their rights, although they do stretch their rights and seem not to have much mercy at all, which in my opinion is EVIL.

Many have heard and believe "money is the root of all evil' which is not true, it's "the LOVE" of money that is the root of all evil.

Money is not evil within of it's ownself, it's how people aquire it, which is evil, which boils down to morals and ethics. Of which most corporations have NONE when it comes to their bottom line.

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Danny Cutts

10 years ago

No Logonerds supplied the images and after contacting them they point out to their terms that you should check images for usage...

They then close your account and stop responding to emails....

Well I have lawyer which exploits some things that Getty screw up in letters which seems to get you out of a lot of mischief and because of some of the wording getty no longer have any power or something and cant chase the client :-)

So it has only cost £150 and may only cost another £75 to getty.... Still a headache...

My lawyer man will also be going after Logonerds as well to hopefully stop this from happenning to other unfortunate customers of Logonerds

Danny

PS I will keep you all posted on this via my blog and I will also share the details of my lawyer/legal man so that anybody else can get help :-)

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Nuno

10 years ago

Not bad, going from 1300 to 150 pounds, your lawyer was persuasive. Not many have such luck.

For custom design we can request the buyer to provide/buy the image, but the problem are sellers that provide these images to lots of people, including at Fiverr... imagine the damage.

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sbucciarel

Banned 10 years ago

I strongly recommend you go to that WSO or just contact a mod with the url and tell them this, or the help desk, whichever. They will shut down the WSO lickety split so that customers don't get screwed by the Getty image.

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Nuno

10 years ago

I contacted them before opening this thread, but they haven't logged in since.

On the WSO I wrote:

"Please ensure you have full rights for each image used on the squeeze pages."

So each buyer needs to think and enquire about that detail.

I don't know if he will use that image again, or where did he get all others, so I cannot do any accusation besides what I'm 100% sure.

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sbucciarel

Banned 10 years ago

Originally Posted by Nuno

I contacted them before opening this thread, but they haven't logged in since.

On the WSO I wrote:

"Please ensure you have full rights for each image used on the squeeze pages."

So each buyer needs to think and enquire about that detail.

I mean contact a mod or the help desk. I don't care about the vendor. A mod will shut that down.

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Nuno

10 years ago

The problem is we don't know if he will use ilegal images on the custom work he provides for the WSO buyers.
I saw my image on the previous work section of his WSO (it's the bag of money with the Buying Domain Names header). I won't link to it, but it's easy to see from my recent posts.

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sbucciarel

Banned 10 years ago

Originally Posted by Nuno

The problem is we don't know if he will use ilegal images on the custom work he provides for the WSO buyers.
I saw my image on the previous work section of his WSO (it's the bag of money with the Buying Domain Names header). I won't link to it, but it's easy to see from my recent posts.

Honestly, who cares. This is a problem for a mod to handle and ASAP.

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Nuno 10 years ago

Ok, I've now contacted WF's help desk and explained the situation.
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Paul Myers

10 years ago

Nuno,

I don't know if he will use that image again, or where did he get all others, so I cannot do any accusation besides what I'm 100% sure.

Thank you. I wish more people would show that kind of good sense in these situations.

Please send me a PM with the link to the WSO, a link to the archives.org page showing your image, and a link to the Getty Images page showing the image of theirs used in the offer.

You may be willing to forgive the guy because it's an older image of yours, but we won't. If he used something of yours without permission, the odds are good that he's misused others' images as well. That puts every person who buys and uses his product at risk.

Paul

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Nuno

10 years ago

I've PM'ed you all the information.

I just wanted to read his side of the story first, but he is offline for several hours.

He may have downloaded it from another that had already done so, he may not have a clue who had it first. What he should know is that he cannot use ANY image he has no rights for, especially for customers...

This took a lot of time, but I want to make others aware of the risks they are taking when uploading any image.

To be clear:

He does custom work, at his WSO we don't know what he will provide to the customer. He used my image as past work, nothing more. That was wrong, but he did that at Fiverr, not WF.

That image was taken (and altered thereafter) from my website not iStockphoto, it has the letters crafted by me (I have all the source code, and he won't even be able to identify the "Buying" font).

My website has so many years that I don't believe he grabbed it there, I think he grabbed it from another that stole it in the first place.

I just wanted to alert for the risks of using images whose origin is unknown, don't want his WSO to be removed, I'll deal with him first, I'm sure he will remove my image from the previous work section.

What's important here is that in the future he no longer uses any image that he has no rights to, because it's the customer that will pay Getty's fine. For me everyone deserves one chance, but he cannot repeat it.

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Paul Myers

10 years ago

As it turns out, the seller in question had an additional "problem" in his WSO thread: A fake testimonial from a shill account. Not surprising, all things considered.

Thread deleted, seller permanently banned.

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Nuno 10 years ago

I wasn't expecting that...

My wrist really hurts from so much writing (I have carpal tunnel syndrome and was slowly recovering) but I think this turned out to really be an useful thread.
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- Don Schenk 10 years ago
  
  Nuno,
  
  You did the right thing by reporting it.
  
  This type of theft hurts everyone in the creative industries. I owned a photo studio for several decades, and copying of images we made was only a small problem until the digital revolution happened. Then people could scan images and make their own prints. - Even at all local grocery stores and drug stores had flatbed scanners for customers to use! They still do. Kodak manufactured the scanners.
  
  Originally Posted by Nuno
  
  My wrist really hurts from so much writing (I have carpal tunnel syndrome and was slowly recovering) but I think this turned out to really be an useful thread.
  
  Ice helped my wrists, a lot - 20 minutes on, 20 minutes off, 20 minutes back on - several times a day. This really made a difference.
  
  :-Don
  
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  Nuno 10 years ago
  
  The cold-hot therapy no longer works for me, but soon I'll explain what currently is, after trying almost everything...
  
  Returning to the topic, a DMCA request can be a complex process, but it works. The company hosting the material will usually take it down.
  
  If you have faced a similar experience with copyright infringement of your material, or getting nasty letters, please share it here as it will help everyone.
  
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brutecky

10 years ago

Originally Posted by Paul Myers

As it turns out, the seller in question had an additional "problem" in his WSO thread: A fake testimonial from a shill account. Not surprising, all things considered.

Thread deleted, seller permanently banned.

Aw man what a stupid reason to get banned. There are hundreds of people on here who will gladly give you a testimonial if your product is good.

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GarrieWilson 10 years ago

Originally Posted by Paul Myers

Thread deleted, seller permanently banned.

In cases like this, shouldn't the threads remain, locked, and all links removed with a notice at the top?

You know. So people can have proof of the WSO if ever needed and there buyers, past & present, can get a heads up?

-Garrie
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Nuno

10 years ago

Yesterday I forgot to add that using unauthorized photos on Facebook pages or apps (and other networks) will also lead you into trouble, don't think this only applies to your own websites.
At best you will have your FB page/app shutdown, but it can be much worse.

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seobro

10 years ago

Good luck collecting money over seas. I have found that taking people to court is a colossal waste of time and money. Yeah, mostly mine. The defendants do not show up. Also, the court refuses to go after them when they do not pay me. Basically, the court system is broken, and it ends up costing me a lot of money.

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Nuno

10 years ago

It's difficult, but Getty has a lot of power if they want to enforce it.

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Danny Cutts

10 years ago

Originally Posted by Nuno

It's difficult, but Getty has a lot of power if they want to enforce it.

They really dont.....

They need to be handled in a specific way and they think they can instruct bailiffs etc but they cant if you do things correctly...

Danny

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Nuno

10 years ago

From your experience does that works if you don't hire a lawyer? I'm sure they want to avoid going to court for $xxx or low $x,xxx.

I meant that Getty has representation overseas as well, not just at the US. They aren't a small company, they have a lot of power worldwide.

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Danny Cutts

10 years ago

Originally Posted by Nuno

From your experience does that works if you don't hire a lawyer? I'm sure they want to avoid going to court for or low ,xxx.

I meant that Getty has representation overseas as well, not just at the US. They aren't a small company, they have a lot of power worldwide.

The firm I am using charges a 1 off fee of £150 and that is for 1 letter or 101 letters...

They have done over 300 cases like mine and have not lost one yet and the clients have not had to pay the full wack or anywhere near....

Danny

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MikeHumphreys

10 years ago

Originally Posted by Danny Cutts

The firm I am using charges a 1 off fee of £150 and that is for 1 letter or 101 letters...

They have done over 300 cases like mine and have not lost one yet and the clients have not had to pay the full wack or anywhere near....

Danny

Danny, does your attorney represent clients in the U.S. with Getty? If so, I'd love to chat with them as a WF graphic designer (not LogoNerds) used an image illegally in the minisite design they created for me and I've gotten one of the famous Getty letters as a result. The designer in question did the work several years ago for me and will not answer my email or PMs.

Thanks,

Mike

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awledd

10 years ago

I am always reluctant when it comes to using images in different ways. How about an application I bought recently here that searches images in google and inserts in the squeeze page background? Can it not fall into copyright infringement?

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Nuno 10 years ago

Getting a random image from Google search is a big risk, you don't even know if the person providing it is the original author and if he/she has even the rights to provide it.
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Danny Cutts

10 years ago

Hi Mike I am not sure....

I would share a link but I am not sure that would be wise... PM me and I will send you it :-)

Danny

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