Author Topic: Photoxpress - selling photos from closed Fotolia account (Read 6572 times)

ann · « **on:** February 08, 2012, 04:53 »

Photoxpress has 3 photos from my closed Fotolia account. (As I understand it, Fotolia feeds Photoxpress.)

I never donated them, or ANY Fotolia files, to Fotolia's free site/section. Until now, I thought 2 out of 3 of them were no longer available on any site!

I have screen shots of all 3 photos showing up for sale on photoxpress.

Is getting Fotolia to take them off the best I can aim for?

Pixart · « **Reply #1 on:** February 08, 2012, 11:03 »

Send them a DMCA takedown notice!

Unless they were photos that you got a half credit for that hadn't sold and you donated them to their free section (I think they locked them in for 5 years?) they have no reason to be there.

ann · « **Reply #2 on:** February 08, 2012, 13:00 »

Thanks for your reply, Pixart.

I absolutely never donated (or accepted 50-cents for) ANY of my fotolia files to Free section/site. Any time fotolia sent me message about option of putting photo in free section, I deleted the photo.

For example, until yesterday, I was sure that this photo had not been available for sale anywhere for over a year:
http://www.photoxpress.com/stock-photos/red/green/tree/4357240

Quote from: Pixart on February 08, 2012, 11:03

Send them a DMCA takedown notice!

Unless they were photos that you got a half credit for that hadn't sold and you donated them to their free section (I think they locked them in for 5 years?) they have no reason to be there.

travelstock · « **Reply #3 on:** February 08, 2012, 17:39 »

No a DCMA notice is not the remedy for breach of copyright - an agency selling (or giving away for free) your photos without your consent is a breach of copyright for which usual remedies such as damages should apply. Really then need procedures to prevent this sort of thing.

Karimala · « **Reply #4 on:** February 08, 2012, 17:53 »

Quote from: holgs on February 08, 2012, 17:39

No a DCMA notice is not the remedy for breach of copyright - an agency selling (or giving away for free) your photos without your consent is a breach of copyright for which usual remedies such as damages should apply. Really then need procedures to prevent this sort of thing.

+1 Straightforward case of copyright infringement. If you've registered these photos with the copyright office, you're entitled to statutory damages. Might want to talk with an attorney before sending DMCA and have them look over the Fotolia and Photoxpress user agreements.

Batman · « **Reply #5 on:** February 09, 2012, 02:53 »

Quote from: holgs on February 08, 2012, 17:39

No a DCMA notice is not the remedy for breach of copyright - an agency selling (or giving away for free) your photos without your consent is a breach of copyright for which usual remedies such as damages should apply. Really then need procedures to prevent this sort of thing.

You can do this but you all said its no good. No complaoing if you won't take them to court or can't. http://www.microstockgroup.com/image-sleuth/small-claims-for-copyright-in-the-us/ if you do win you can't collect. Writing message here must be the answer. That's all people ever do. No wonder FT and the rest can cheat us no one does anything to them.

ann · « **Reply #6 on:** February 09, 2012, 15:56 »

well, as clicking the below link should show, that photo is no longer online.

And, yes, the important, larger point is: until contributors hold agencies more accountable financially, certain agencies are not going to do all possible to avoid offering photos they have no right to

Quote from: ann on February 08, 2012, 13:00

Thanks for your reply, Pixart.

I absolutely never donated (or accepted 50-cents for) ANY of my fotolia files to Free section/site. Any time fotolia sent me message about option of putting photo in free section, I deleted the photo.

For example, until yesterday, I was sure that this photo had not been available for sale anywhere for over a year:
http://www.photoxpress.com/stock-photos/red/green/tree/4357240