Hi:(
I have just been banned from a certain stock site. Wont mention names, but I'm sure you can guess. The basic argument was infringement on copyright. Now, in hindsight there is a vague element to their claims. However, they don't seem to want to know the truth or even consider various options of punishment. Basically, I uploaded a picture I believed was the work of a child and was given permission to do so. As it was a child's work I thought that this was OK. Anyway, it turned out that the child had simply said it was theirs and they had received it via MSN. So, as you can see, in hindsight I was in the wrong. The site said that I still was not the originator, so banned me anyway. I said permission to use is the same as ownership in copyright terms. That was the argument. Anyway, that all said and done, I am not allowed back on. I feel gutted as it was my biggest earner. One small mistake I felt sorry for has cost me an income. Today I basically received a reply today after several pleas. They said that I was not allowed back based on Article 11 of their terms. I quote the part they referred to:

The hypocrisy lies in the fact that no where there does it state that this is effective immediately. I commented that under section A), the have to give 30 days notice. See quote:

So, you can see. As per usual some heavy handed multimillion dollar organization is laying down some rules and then not complying to their own standards. I assume that, as they said, I will never get my account back. Funny thing was, was that some time back I argued a case of infringement against my work. They simply deleted the piece from the offending artist and smacked his wrist. They again decided to site that it was inspiration infringement. A stupid, work around to say they know its copyright infringement but don't want to push it. To me the artist, someone used my idea, just as much as I mistakenly used someone else's. However, he is still there, I have been banished. Ironic really.
All I can suggest is to avoid this company. Knowing they were owned by Microsoft was a bad enough starting point to this lost relationship, but it proves that gut instincts do work. The true irony is that the piece at the heart of all this is being distributed in pirate form, at no remuneration to the artist via another Microsoft outlet; MSN. So I suppose I get the last laugh.

I am sorry that you had that happen, but as any stock site states. You are not to use anyone else work as your own...even if you are give permission to do so. Just think if MSN got wind of a company using an image that they really owned, it would be a legal nightmare for the stock corporation and yourself. Your defense would be killed easily in court. I do agree that some companies go to easy on other users two use images and turn them into silkscreens, etc and sell them. Also FYI, iStock is not owned by Microsoft...they are owned by Getty which in turn is owned by a private company. You might be thinking of Corbis which is controlled by Bill Gates, but not Microsoft.

Ah, you are right about Bill Gates.
You were missing the main point however, of their willingness to avoid their own, as it seems 'firm' rules, and slip past the notion that I am supposed to be given 30 days notice. It is obvious why they do this. They steal any captured earnings. Given 30 days would allow you time to flush your commissions. Luckily for me I took my earnings before this incident. Just another sign of the money-grabbing position of corporations willing to exploit talented artists.

As far as own work goes. How many contributors 'actually' put up 100% original work. I think not. Are you telling me that if you are sitting at a table and a child is drawing, then later on that drawing inspires you to do a design that is copyright infringement. If that is the case and the starting point, then we must all poke our eyes out, as everything around us inspires us creatively. As Warhol stated, nothing is original anymore. Not that I condone copyright violations. As this company pointed out to me regard my inquiry against a pice of my work, it was 'inspiration infringement'. Makes me laugh that term.

I have other stock sites. However, they don't sell as well. But as my friend told me, it is a good sign that you should move forward and upward to better things.

I have the same problem with Istockphoto, my account was closed, but I think that's a strategy to erased some small contributors or something like that !!!

My issue was simple. They were simply not willing to listen to any given reasons and take them on merit, and give a degree of punishment accordingly.

This method would work well in the penal system in the US. One strike and you are out!

Anyway, they tell me they are not going to let me back, so f**k em.
Better things await!