PHOTOBASHING ? I'm SHOCKED!

[mariashtelle1]

I just contacted the Customer services to report the copyright issue as per the link from marinapomorac show evidence of misleading and copyright infringement.

I will see what the seller has to offer and take from there. I know there are great artist there, I just need to find one that can make illustrations about my game “Tales of Tamaria” and get a few drawings. I was planned and am still planing to print the art made with personal credits to all artists contributing and that gonna be printed in several thousands brochures and games, so to an artist it’s pretty cool! Except that I’m not willing to back-up people like that, only honest artist, I love them!

so will see…

I just contacted the Customer services to report the copyright issue as per the link from marinapomorac show evidence of misleading and copyright infringement.

I’m glad you reported that guy. And I’m sure CS will cancel that order for you if you attached a link to stolen image.

That totally outrageous and I know people are saying that photo bashing is ok, but it’s not ok for me.

I’m making drawings and illustrations and I would’ve been devastated if someone took my work to include as part of “their” illustration.

And of course they also didn’t have rights to sell you commercial rights” on top of that.

[uk1000]

I just contacted the Customer services to report the copyright issue as per the link from marinapomorac show evidence of misleading and copyright infringement.

I’m glad you reported that guy. And I’m sure CS will cancel that order for you if you attached a link to stolen image.

That totally outrageous and I know people are saying that photo bashing is ok, but it’s not ok for me.

I’m making drawings and illustrations and I would’ve been devastated if someone took my work to include as part of “their” illustration.

And of course they also didn’t have rights to sell you commercial rights” on top of that.

I’m glad you reported that guy. And I’m sure CS will cancel that order for you if you attached a link to stolen image.

Though I’m not sure any of the images given in the order were stolen.The wizard image (used in the background of the main image sold) was from pixabay rather than being stolen and free to use commercially without attribution. I don’t know about the other figures/elements in the main image (though the OP says he has a psd file of the main image with 90 layers with grass etc).

The image(s) the seller is using for their gig (the one shown in searches) might not be theirs though, but that wasn’t given in the order.

So I don’t think we’ve seen evidence the OP was given a stolen image yet, though he might have been misled by the seller if the seller said he drew the wizard from scratch.

edit: I forgot about the image that had the “© M” on it. That one probably isn’t okay.

[audioboon]

I’m glad you reported that guy. And I’m sure CS will cancel that order for you if you attached a link to stolen image.

Though I’m not sure any of the images given in the order were stolen.The wizard image (used in the background of the main image sold) was from pixabay rather than being stolen and free to use commercially without attribution. I don’t know about the other figures/elements in the main image (though the OP says he has a psd file of the main image with 90 layers with grass etc).

The image(s) the seller is using for their gig (the one shown in searches) might not be theirs though, but that wasn’t given in the order.

So I don’t think we’ve seen evidence the OP was given a stolen image yet, though he might have been misled by the seller if the seller said he drew the wizard from scratch.

edit: I forgot about the image that had the “© M” on it. That one probably isn’t okay.

Here is the pixabay license:

License for Content – Pixabay License

Content on Pixabay is made available to you on the following terms (“Pixabay License”). Under the Pixabay License you are granted an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Content for commercial or non-commercial purposes. Attribution of the photographer, videographer, musician or Pixabay is not required but is always appreciated.

The Pixabay License does not allow:

1. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
2. Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, without adding any additional elements or otherwise adding value
3. Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
4. Any suggestion that there is an endorsement of products and services by depicted persons, brands, vocalists and organisations, unless permission was granted.

Please be aware that while all Content on Pixabay is free to use for commercial and non-commercial purposes, items in the Content, such as identifiable people, logos, brands, audio samples etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications. Pixabay does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.

[uk1000]

Here is the pixabay license:

License for Content – Pixabay License

Content on Pixabay is made available to you on the following terms (“Pixabay License”). Under the Pixabay License you are granted an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Content for commercial or non-commercial purposes. Attribution of the photographer, videographer, musician or Pixabay is not required but is always appreciated.

The Pixabay License does not allow:

1. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
2. Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, without adding any additional elements or otherwise adding value
3. Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
4. Any suggestion that there is an endorsement of products and services by depicted persons, brands, vocalists and organisations, unless permission was granted.

Please be aware that while all Content on Pixabay is free to use for commercial and non-commercial purposes, items in the Content, such as identifiable people, logos, brands, audio samples etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications. Pixabay does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.

The Pixabay License does not allow:

1. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
2. Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, without adding any additional elements or otherwise adding value

Number one seems like it means selling the picture as it is (eg. it would be selling the wizard alone without changes). Number 2 seems more like what was done (but excluding the “without adding…” bit), which was to sell a landscape picture where the wizard was just a small element in the frame and additional elements had been added (more figures, grass, scenery, an animal, trees etc.).

[audioboon]

The Pixabay License does not allow:

1. Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites);
2. Sale or distribution of Content e.g. as a posters, digital prints, music files or physical products, without adding any additional elements or otherwise adding value

Number one seems like it means selling the picture as it is (eg. it would be selling the wizard alone without changes). Number 2 seems more like what was done (but excluding the “without adding…” bit), which was to sell a landscape picture where the wizard was just a small element in the frame and additional elements had been added (more figures, grass, scenery, an animal, trees etc.).

Yeah, you probably may get away with it. Lets see how this story will end

[uk1000]

Yeah, you probably may get away with it. Lets see how this story will end

Though the one with the “© M” at the bottom right probably does belong to someone else/probably is copyright infringing - otherwise it wouldn’t have that copyright thing on it.

The other one where it might just be from pixabay elements might be okay.

Lets see how this story will end

It seems like the seller’s gig has been removed. I’m guessing because of that image that had the “© M” on it at the bottom right that they sold (which probably showed they didn’t have the rights to it).

[marinapomorac]

Though the one with the “© M” at the bottom right probably does belong to someone else/probably is copyright infringing - otherwise it wouldn’t have that copyright thing on it.

The other one where it might just be from pixabay elements might be okay.

Lets see how this story will end

It seems like the seller’s gig has been removed. I’m guessing because of that image that had the “© M” on it at the bottom right that they sold (which probably showed they didn’t have the rights to it).

Though the one with the “© M” at the bottom

In case you want to know things and origin of things, I discovered most of the art is taken from the artist that developed them exclusively for https://www.kickstarter.com/projects/funforge/monumental

So it makes sense that © M (cut from monumental) would be in there somewhere. They are all copyrighted by the artist for that game.

[uk1000]

Though the one with the “© M” at the bottom

In case you want to know things and origin of things, I discovered most of the art is taken from the artist that developed them exclusively for https://www.kickstarter.com/projects/funforge/monumental

So it makes sense that © M (cut from monumental) would be in there somewhere. They are all copyrighted by the artist for that game.

I did do a reverse image search for the image with the “© M” on it (if that’s what it is) but couldn’t see it. Though because it’s made from multiple images it’s harder to find exact the source images for it.

The “M” (if that’s what it is) could be from “Monumental” but the font looks different and if it was for that game it would likely be © the name of the publisher I think (eg. © FunForge) or from the name of the artist rather than © the name of the game.

[marinapomorac]

I did do a reverse image search for the image with the “© M” on it (if that’s what it is) but couldn’t see it. Though because it’s made from multiple images it’s harder to find exact the source images for it.

The “M” (if that’s what it is) could be from “Monumental” but the font looks different and if it was for that game it would likely be © the name of the publisher I think (eg. © FunForge) or from the name of the artist rather than © the name of the game.

If you check seller other GIGs that are still alive you will find images with the C mark from fun forge and monumental.

[zylaris]

original2000×1200 196 KB

On that job, I asked the lady - seller, where it came from and she said “from the examples you sent me”. So I gave her the job and asked for references and with those references and some other pictures she made it… Let’s see how the story ends…

[rakibtony]

this is the final work

Yaladorei2894×1778 2.67 MB

and one of the wizard alone

Wizard603×872 288 KB

Now, it is obvious that it was taken from internet and he “lost” the file where it came from.

nice job all the best

[marinapomorac]

original2000×1200 196 KB

On that job, I asked the lady - seller, where it came from and she said “from the examples you sent me”. So I gave her the job and asked for references and with those references and some other pictures she made it… Let’s see how the story ends…

Well, you gave me an idea. Now I am officially offering photo-bashing as one of my services. In lower packages I am thinking of emphasis to customers that I am doing CC0 photo-bashing, and if he wants custom that is 150$ and beyond price. 😃

[zylaris]

Well, you gave me an idea. Now I am officially offering photo-bashing as one of my services. In lower packages I am thinking of emphasis to customers that I am doing CC0 photo-bashing, and if he wants custom that is 150$ and beyond price. 😃

I for CS back on it. They say that Photobashing is ok and no copyrights infringement. I told them that it is a case by case thing and suggested that all artist doing photobashing indicate it in the job description in order to avoid abuse like in my case. They will check into it. The seller is working back on the gig to get a descent job done on it - which, based on the skills I saw, won’t happen…

[marinapomorac]

I for CS back on it. They say that Photobashing is ok and no copyrights infringement. I told them that it is a case by case thing and suggested that all artist doing photobashing indicate it in the job description in order to avoid abuse like in my case. They will check into it. The seller is working back on the gig to get a descent job done on it - which, based on the skills I saw, won’t happen…

They say that Photobashing is ok and no copyright infringement.

I hope you responded that you never complain about photo bashing but you did not pay for photo bashing, you paid for original custom work. Seller mislead you and with gig description where there is no statement about using non-original artwork to produce materials for clients. You need something original and unique for your game and you can not risk your artwork being on other locations, therefore, damaging your public image.