Warning, you may get a huge fine for copyright infringement.

by Nuno
36 replies
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.
#copyright #design #fine #huge #infringement #squeeze page #squeeze pages #template #templates #warning
  • Profile picture of the author FitMarketer
    Originally Posted by Nuno View Post

    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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  • Profile picture of the author Nuno
    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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    • Profile picture of the author agmccall
      Did you post a comment in their Warrior Special Offer

      al
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  • Profile picture of the author 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.
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    • Profile picture of the author Istvan Horvath
      Originally Posted by Nuno View Post

      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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      • Profile picture of the author Nuno
        I will do it if he doesn't reply or comply, don't worry.
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  • Profile picture of the author goldclubmember
    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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  • Profile picture of the author 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
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    • Profile picture of the author Nuno
      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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    • Profile picture of the author Steve Wells
      Originally Posted by Danny Cutts View Post

      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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  • Profile picture of the author Danny Cutts
    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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  • Profile picture of the author Nuno
    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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  • Profile picture of the author sbucciarel
    Banned
    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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    • Profile picture of the author 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 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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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by Nuno View Post

        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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        • Profile picture of the author 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.
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          • Profile picture of the author sbucciarel
            Banned
            Originally Posted by Nuno View Post

            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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            • Profile picture of the author Nuno
              Ok, I've now contacted WF's help desk and explained the situation.
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            • Profile picture of the author Paul Myers
              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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              • Profile picture of the author Nuno
                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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                • Profile picture of the author 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.
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                  • Profile picture of the author Nuno
                    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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                    • Profile picture of the author Don Schenk
                      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 View Post

                      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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                      • Profile picture of the author Nuno
                        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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                  • Profile picture of the author brutecky
                    Originally Posted by Paul Myers View Post

                    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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                  • Profile picture of the author GarrieWilson
                    Originally Posted by Paul Myers View Post

                    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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  • Profile picture of the author Nuno
    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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  • Profile picture of the author seobro
    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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    • Profile picture of the author Nuno
      It's difficult, but Getty has a lot of power if they want to enforce it.
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      • Profile picture of the author Danny Cutts
        Originally Posted by Nuno View Post

        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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        • Profile picture of the author 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 $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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          • Profile picture of the author Danny Cutts
            Originally Posted by Nuno View Post

            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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  • Profile picture of the author awledd
    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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    • Profile picture of the author Nuno
      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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  • Profile picture of the author Danny Cutts
    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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