Author Topic: Fotolia D-Day (Deactivation Day) - May,1 (Read 353005 times)

bunhill · « **Reply #825 on:** May 07, 2014, 14:42 »

I am more and more certain that this is a somewhat desperate exit strategy - i.e. that it is about trying to get bought.

Jo Ann Snover · « **Reply #826 on:** May 07, 2014, 18:23 »

So one of the photographers I got in touch with - who has over 8,600 images - has just opted out (keeweeboy) and he told me he got another photographer to opt out too. I asked if it was OK to post this here (he said yes) as he doesn't participate.

Reminds me of an ancient TV commercial "I told two friends and they told two friends...."

Mantis · « **Reply #827 on:** May 07, 2014, 18:40 »

Quote from: Jo Ann Snover on May 07, 2014, 18:23

So one of the photographers I got in touch with - who has over 8,600 images - has just opted out (keeweeboy) and he told me he got another photographer to opt out too. I asked if it was OK to post this here (he said yes) as he doesn't participate.

Reminds me of an ancient TV commercial "I told two friends and they told two friends...."

Great job, Joanne.

steheap · « **Reply #828 on:** May 07, 2014, 19:46 »

If you are members of NAPP or Kelby One as it now is, I suggest you send a message to Member Services on this page: http://members.photoshopuser.com/contact-us/

I've sent them a message saying how disappointed I am in them supporting this terrible business model and surely they must have known that a significant proportion of their members and readers must be working photographers and illustrators for whom this is a disaster in the making. I'll see if they reply, but it will be hard for them to ignore hundreds of messages from disappointed members.

Steve

Jo Ann Snover · « **Reply #829 on:** May 07, 2014, 20:05 »

I just sent them a message - and added that I won't be renewing as a result (I've been a member for many years).

I doubt they'll care, but as you say, can't hurt to make our voices heard

Beppe Grillo · « **Reply #830 on:** May 08, 2014, 01:51 »

I have just written to the italian "associazione nazionale fotografi professionisti" (National Association of Professional Photographers), to tell them about the DPC situation (this thread, the boycottfotolia petition), asking them to spread the new through the italian photographers.

If some other italian/italian speaker photographers could write them it could give more weight to my request.
Here is their email address: [email protected]

I will write a similar letter to the French associations (and why not to the ones in Quebec, Belgium and Switzerland if I find the addresses).

I think that everyone of us should do the same with the associations in their own countries (it does not matter if they will receive more email from all of us

)

__
This is a battle and we have to win it!

_____
Edit: I have written to about 25 national associations, in Italy, France, Quebec and Switzerland.
I am not sure that it will have a great effect but to try cost nothing (just a little time)
And as they say: "The more the merrier!"

pictureman75 · « **Reply #831 on:** May 08, 2014, 03:15 »

Hello Beppe,
very good initiative, thank you!
But one thing within your post bothers me ... what we do here is not a war ;-)
We - the contributors - should be and I think we all want to be partners of the microstock agencies - both have the same target: to make money with our work. And at the moment we need the agencies for this - and they need us!

That eyerybody - and at the moment especially Fotolia! - should realize as soon as possible ...

If you say, it's a war with words, arguments and as much other activities as possible, then I agree with you.

Red Dove · « **Reply #832 on:** May 08, 2014, 03:26 »

My files are still visible at DPC after opting out but if you click to open up, nothing happens - or it reverts to the previously opened image.

pixsol · « **Reply #833 on:** May 08, 2014, 03:28 »

Quote from: Red Dove on May 08, 2014, 03:26

My files are still visible at DPC after opting out but if you click to open up, nothing happens - or it reverts to the previously opened image.

This is what happened to me for the first 3-4 days. Post that, it did not come up in the search at all.

Beppe Grillo · « **Reply #834 on:** May 08, 2014, 03:28 »

Quote from: outdoorfreak on May 08, 2014, 03:15

Hello Beppe,
very good initiative, thank you!
But one thing within your post bothers me ... what we do here is not a war ;-)
We - the contributors - should be and I think we all want to be partners of the microstock agencies - both have the same target: to make money with our work. And at the moment we need the agencies for this - and they need us!

That eyerybody - and at the moment especially Fotolia! - should realize as soon as possible ...

If you say, it's a war with words, arguments and as much other activities as possible, then I agree with you.

So let's say it is a battle (I changed it)
btw I was not telling about a war against microstocks, but only against DPC (the subject of the thread).
This kind of site should simply… not exist.

And our action should be a very strong message for other microstock agencies, of course.

Desintegrator · « **Reply #835 on:** May 08, 2014, 05:04 »

Made a friend with 4000 images opt out today.
Still a few million to go

bpepz · « **Reply #836 on:** May 08, 2014, 06:35 »

H2O · « **Reply #837 on:** May 08, 2014, 08:37 »

I contacted the European Commission about this situation of selling our content on anther site without informing us and this is the reply I got:-

Thank you for your message.

According to the EU legislation (Directive 2001/29/EC), the Member States should provide the authors, in respect of the original of their works or of copies, the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise (art. 4 of the Directive). This right is exhausted once the author gives the consent for the sale or other form of transfer of the ownership in the EU.

In this case, we advise you to contact the UK Intellectual Property Office for further assistance. You can find their contact details here:
http://www.ipo.gov.uk/

For more information on the current legislative framework in the field of copyright and Directive 2001/29/EC specifically, we advise you to visit the website of the Directorate-General for the Internal Market and Services:
http://ec.europa.eu/internal_market/copyright/copyright-infso/index_en.htm#maincontentSec1

Should you have any further question, you can email directly the DG Internal Market and Services: [email protected]

We hope you find this information useful. Please contact us again if you have other questions.
With kind regards,
EUROPE DIRECT Contact Centre
http://europa.eu - your shortcut to the EU!
Use your power.
Choose who's in charge in Europe
European Elections 2014.
Disclaimer
Please note that the information provided by EUROPE DIRECT is not legally binding.

In my opinion reading the above Mr Tsheltzoff and his Fotolia company have done is illegal, he should have asked us if we would like our content sold on anther site and the Terms and Conditions of that site before he went ahead and put our content on Dollar Photo Club - There should have been an OPT IN BUTTON.

I think he has become aware of this and that is the reason why he has put an OPT OUT BUTTON on Fotolia.

He still has not directly contacted any of the European Contributers with any information about DPC and whether we would like our content on this site, this is breaking the law in the EEC.

He and Fotolia are in clear breach of European Copy Write Law.

Even one sale on this DPC from a European Union citizen should have financial ramifications for Fotolia, it's not just about the money but the principle of stealing our work to sell somewhere else.

How to proceed forward with this I am unsure?

Svetlana · « **Reply #838 on:** May 08, 2014, 09:57 »

As far as I understand Fotolia is a US company, so they're not so much worried about the European laws, I guess.

Desintegrator · « **Reply #839 on:** May 08, 2014, 10:01 »

DallasP · « **Reply #840 on:** May 08, 2014, 10:08 »

Quote from: H2O on May 08, 2014, 08:37

I contacted the European Commission about this situation of selling our content on anther site without informing us and this is the reply I got:-

Thank you for your message.

According to the EU legislation (Directive 2001/29/EC), the Member States should provide the authors, in respect of the original of their works or of copies, the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise (art. 4 of the Directive). This right is exhausted once the author gives the consent for the sale or other form of transfer of the ownership in the EU.

In this case, we advise you to contact the UK Intellectual Property Office for further assistance. You can find their contact details here:
http://www.ipo.gov.uk/

For more information on the current legislative framework in the field of copyright and Directive 2001/29/EC specifically, we advise you to visit the website of the Directorate-General for the Internal Market and Services:
http://ec.europa.eu/internal_market/copyright/copyright-infso/index_en.htm#maincontentSec1

Should you have any further question, you can email directly the DG Internal Market and Services: [email protected]

We hope you find this information useful. Please contact us again if you have other questions.
With kind regards,
EUROPE DIRECT Contact Centre
http://europa.eu - your shortcut to the EU!
Use your power.
Choose who's in charge in Europe
European Elections 2014.
Disclaimer
Please note that the information provided by EUROPE DIRECT is not legally binding.

In my opinion reading the above Mr Tsheltzoff and his Fotolia company have done is illegal, he should have asked us if we would like our content sold on anther site and the Terms and Conditions of that site before he went ahead and put our content on Dollar Photo Club - There should have been an OPT IN BUTTON.

I think he has become aware of this and that is the reason why he has put an OPT OUT BUTTON on Fotolia.

He still has not directly contacted any of the European Contributers with any information about DPC and whether we would like our content on this site, this is breaking the law in the EEC.

He and Fotolia are in clear breach of European Copy Write Law.

Even one sale on this DPC from a European Union citizen should have financial ramifications for Fotolia, it's not just about the money but the principle of stealing our work to sell somewhere else.

How to proceed forward with this I am unsure?

To be quite honest it's hard to say if it were "illegal" or not. I don't remember what is in the terms when I signed up (even if I did read them) as I'm sure most of you don't either. It's still poor business practice not to keep contributors informed.

I'm envious of Jo Ann and her efforts on this. I never even got a reply back from Robert of picworkflow and besides blogging and sharing . out of it on social media, that's been the extent of my effort.

BaldricksTrousers · « **Reply #841 on:** May 08, 2014, 10:26 »

Don't all the sites have something about the "agreement being governed by the laws of the State of New York/State of California/Alberta" etc?

Whether or not that entitles them to sell something in the EU that they wouldn't be able to sell if the contributor agreement was governed by EU law is something I have no idea about at all.

Ron · « **Reply #842 on:** May 08, 2014, 11:40 »

Microsoft and Google got hit hard by the EU enforcing their laws and ended up paying billions in fines. If you are a US company and you are doing business in Europe as eu.fotolia.com I am not sure if they get away with playing dumb. I would make http://www.ipo.gov.uk/ aware of the issue.

Mantis · « **Reply #843 on:** May 08, 2014, 12:33 »

Quote from: bunhill on May 07, 2014, 14:42

I am more and more certain that this is a somewhat desperate exit strategy - i.e. that it is about trying to get bought.

I totally agree. I've been saying for about a year that their constant * with policy, threats, search etc that they are getting desperate. Now with the intro of DPC along with the Oleg's disruption comments pretty much proves it or at least proves that they are in dire straights.

H2O · « **Reply #844 on:** May 08, 2014, 12:55 »

Quote from: Ron on May 08, 2014, 11:40

Microsoft and Google got hit hard by the EU enforcing their laws and ended up paying billions in fines. If you are a US company and you are doing business in Europe as eu.fotolia.com I am not sure if they get away with playing dumb. I would make http://www.ipo.gov.uk/ aware of the issue.

I would have thought that the US must have similar laws to Europe regarding Copy Right

Rinderart · « **Reply #845 on:** May 08, 2014, 15:16 »

4600 Opted out. good work guys.

Lucadp · « **Reply #846 on:** May 08, 2014, 15:34 »

3791 opted out

Spectral-Design.net · « **Reply #847 on:** May 08, 2014, 15:39 »

max headroom · « **Reply #848 on:** May 09, 2014, 02:04 »

I have deleted half of the images in FT on May1st.
Opted out DPC as well.
Still waiting for the payment to close FT account.

BaldricksTrousers · « **Reply #849 on:** May 09, 2014, 02:12 »

Quote from: H2O on May 08, 2014, 12:55

Quote from: Ron on May 08, 2014, 11:40
Microsoft and Google got hit hard by the EU enforcing their laws and ended up paying billions in fines. If you are a US company and you are doing business in Europe as eu.fotolia.com I am not sure if they get away with playing dumb. I would make http://www.ipo.gov.uk/ aware of the issue.

I would have thought that the US must have similar laws to Europe regarding Copy Right

It's not an ordinary copyright issue, though, is it? It's about the precise extent of the rights you pass to someone you ask to act as a salesman of your work. Can that person automatically assume the right to sub-contract sales to another party on different terms?

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Author Topic: Fotolia D-Day (Deactivation Day) - May,1 (Read 353005 times)

bunhill

Jo Ann Snover

Mantis

steheap

Jo Ann Snover

Beppe Grillo

pictureman75

Red Dove

pixsol

Beppe Grillo

Desintegrator

bpepz

H2O

Svetlana

Desintegrator

DallasP

BaldricksTrousers

Ron

Mantis

H2O

Rinderart

Lucadp

Spectral-Design.net

max headroom

BaldricksTrousers

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