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HELP! Slapped by Zazzle for Pixabay image

 
Ragtimelil
Posts: 825
Message
on 10/15/2012

I just had seven products removed from my Zazzle store for copyright infringement  I thought Pixabay was supposed to be totally public domain? Anyone else ever run into that?


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
BrendaReeves
Posts: 845
Message
on 10/15/2012

I better check my store and see what's going on.


Brenda Reeves
Ragtimelil
Posts: 825
Message
on 10/15/2012

They sent me an email notice for each product. It was all with the same image.


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
onetimeuser
Posts: 378
Message
on 10/15/2012

Could it be that the images were uploaded to Pixabay without the consent of the photographer/artist?

Pixabay does not guarantee that the images uploaded were uploaded legally.

If the original copyright holder were to submit a DMCA to Zazzle, they would be required to comply, irrespective of whether the original copyright holder has yet to file a DMCA to Pixabay (or indeed, is aware that their images have been submitted to Pixabay).

 

onetimeuser
Posts: 378
Message
on 10/15/2012

From the Pixabay terms of service:

Pixabay cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the photographers. You use the site and the photos at your own risk!

 

Ragtimelil
Posts: 825
Message
on 10/15/2012

Yes, but this is what it says on the first page

You can freely use any image from this website in digital and printed format for personal and commercial use without attribution to the original author.

What is a DMCA?


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
onetimeuser
Posts: 378
Message
on 10/15/2012

I'd just forget about the incident and carry on as usual, go and note the uploader of the image on Pixabay and ensure that you don't use images from that member again, plus remove anything else that you may have on Zazzle which uses that image.

Likely event is that the image has been uploaded without the consent of the photographer and Zazzle has subsequently received a complaint. 

Simon
Admin
Posts: 620
Message
on 10/15/2012

Could you tell us, which image it is about? We'll immediately check and if due - either remove the image from Pixabay or contact Zazzle about it.

Best,
Simon


An expert is a man who has made all the mistakes which can be made, in a narrow field.
Niels Bohr (1885-1962)
Ragtimelil
Posts: 825
Message
on 10/15/2012

It was a line drawing of a guy plowing a field with a couple of horses. I searched "farm" and it was on the second page.

Thanks!


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
onetimeuser
Posts: 378
Message
on 10/15/2012

 

Ragtimelil: 10/15/2012 - 05:02 PM

Yes, but this is what it says on the first page

You can freely use any image from this website in digital and printed format for personal and commercial use without attribution to the original author.

What is a DMCA?

Yes it does say that Ragtimelil, but Pixabay is user-generated content, they don't really know whether images uploaded are being uploaded by the copyright holder (e.g. photographer) and released into the public domain, or whether somebody is uploading without the consent of the original content producer.

A DMCA notice is a short form which a copyright owner sends to a website owner instructing them to remove their intellectual property (e.g. their article or photograph), that is probably what has happened here, Zazzle has received a request from the copyright holder to remove the image. 

In the Pixabay terms of service, it makes it pretty clear that Pixabay won't be held responsible if the image turns out to be copyrighted. 

 

onetimeuser
Posts: 378
Message
on 10/15/2012

 

Ragtimelil: 10/15/2012 - 05:05 PM

It was a line drawing of a guy plowing a field with a couple of horses. I searched "farm" and it was on the second page.

Thanks!

This one? http://pixabay.com/en/outline-people-field-farm-horse-36473/

Ragtimelil
Posts: 825
Message
on 10/15/2012

Ryank, I was wondering if someone could do that. Ack!!!!


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
Simon
Admin
Posts: 620
Message
on 10/15/2012

In any case, you may "redirect" such complaints to the Pixabay team. We handle such issues for you.

As ryank already said: although we put a lot of effort in controlling and reviewing all of our images, we cannot always be 100% sure of their "legal" origin. But we react as quickly as possible in any case of infringement.


An expert is a man who has made all the mistakes which can be made, in a narrow field.
Niels Bohr (1885-1962)
onetimeuser
Posts: 378
Message
on 10/15/2012

 

Simon: 10/15/2012 - 05:06 PM

In any case, you may "redirect" such complaints to the Pixabay team. We handle such issues for you.

As ryank already said: although we put a lot of effort in controlling and reviewing all of our images, we cannot always be 100% sure of their "legal" origin. But we react as quickly as possible in any case of infringement.

Simon, do you own or work for pixabay? 

That is news to me! 

If so, great idea. Nice site. 

Ragtimelil
Posts: 825
Message
on 10/15/2012

Thanks so much, Simon. I'm almost in tears with gratitude. I really don't want to infringe on anyone's art, but the emails from Zazzle made me feel guilty....not that they were rude. Still....

 

How do I "redirect"? 


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
Simon
Admin
Posts: 620
Message
on 10/15/2012

The given image http://pixabay.com/en/outline-people-field-farm-horse-36473/ is all over the web, marked as Public Domain. I doubt, that there are any problems with that one.


An expert is a man who has made all the mistakes which can be made, in a narrow field.
Niels Bohr (1885-1962)
Ragtimelil
Posts: 825
Message
on 10/15/2012

That's the one I used. They took all seven of my products with that image down.


Lana or LIl aka Ragtimelil RagtimeLil's Store on Weebly
onetimeuser
Posts: 378
Message
on 10/15/2012

 

ryank: 10/15/2012 - 05:08 PM

 

Simon: 10/15/2012 - 05:06 PM

In any case, you may "redirect" such complaints to the Pixabay team. We handle such issues for you.

As ryank already said: although we put a lot of effort in controlling and reviewing all of our images, we cannot always be 100% sure of their "legal" origin. But we react as quickly as possible in any case of infringement.

Simon, do you own or work for pixabay? 

That is news to me! 

If so, great idea. Nice site. 

 

I've answered this question for myself by finding Pixabay on Wiki and finding your name.

Looks like you have yourself a giant there!

Simon
Admin
Posts: 620
Message
on 10/15/2012

@Ragtimelil: You may send us your Zazzle username and the concerned image URL on Pixabay, and we'll take a close look into this. Then we'll send an explanatory e-mail to Zazzle.

@ryank: Yep, Pixabay was originally created as a free image resource for our authors on Pagewizz. Before that, we received so many written warnings concerning copyright infringements, that we decided to offer an own supply of free images to all users on Pagewizz. Somehow, it has rapidly grown into an own project :) And we're really happy about that, since it's so useful for many authors, bloggers, and, and, ... Smile.


An expert is a man who has made all the mistakes which can be made, in a narrow field.
Niels Bohr (1885-1962)
Simon
Admin
Posts: 620
Message
on 10/15/2012

Thanks Ragtimelil, I'll write them immediately - and I found you on Zazzle already :)


An expert is a man who has made all the mistakes which can be made, in a narrow field.
Niels Bohr (1885-1962)
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