elephant journal contract with pixoto

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  • Updated 5 years ago
I did an image search this morning and found my images being used without my knowledge on articles in the Elephant Journal.

Naturally, I took them to task on the matter and was informed that they have an arrangement to use images found on Pixoto.
I was not aware of this arrangement, and I certainly had not been told of my images being published or used. I have also not been compensated in any way for their use.

The editor of the magazine was good enough to set things straight on the current articles and make sure that I am given proper credit and links to my work so that I might see a return on my efforts in the long run, and I'm quite happy with that end of things, however, that still leaves me with wondering how my images were being licensed without my knowledge or compensation?
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Monte Arnold

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  • unimpressed.

Posted 5 years ago

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Joyce Andersen

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have you gone to your account and checked if you have earnings? if they have sold your image to a subscriber it should show up there. and there is a hefty ceiling before they pay out on paypal
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Monte Arnold

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Hi Joyce, - I did check and there have been no credits...
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Monte Arnold

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Thanks Joyce I'll check that.
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Lenore

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Also, you may have allowed embedding. Check on your account page to see if the box is checked off or not. It's the last item.

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C.Charles

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Monte

Your images are your own hard work and effort which is time and money. As such you should be compensated appropraitely, a link to your name is not enough.

Both Pixoto and the Elephant Journal are in the business to make money they should not be exploiting the hard work of the photographer just because it it easy to download and image off the internet.

Write to both companies and ask them what is that arrangement. A quick search of other images leads me to believe that the Elephant Journal are pulling images off other sites such as Flickr, Dreamstime, bigstockphoto, which is ok as long as the photographer is financially compensated. You may want to do a quick search on one of these other images and ask the photographer if they know about their images being used by the Elephant Journal.
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Jasenka, Official Rep

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Hello Monte, I will ask about this and let you know when I get feedback.
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Jasenka, Official Rep

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Hello Monte, Elephant Journal are using our embedding feature, but it looks like they are not doing it as it is stated in TOS. We will contact them and ask that it is corrected.
Thank you for letting us know about this.
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C.Charles

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Jasenka

Can you (Pixoto) explain in simple terms what this embedding feature of our images is all about.

Are you (Pixoto) stating that our images can be used by another company without any financial compensation to the photographer that owns the image.
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Joyce Andersen

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looks like if you allow embedding that anyone can use your image and it is an honour system that those using it will actually at least give you credit for it. we already know that there is no honour amongst thieves. granted that the embedded photo is low res it doesn't mean that people can't ride on your coat tails.
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Jasenka, Official Rep

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Hi Bill, please see Terms and conditions of use: http://www.pixoto.com/terms

Specifically this part:

"User Content, not owned by you, may be posted and distributed on personal blogs or other social media outlets through use of Pixoto provided sharing methods including, but not limited to Twitter Share, Facebook Like, Google +1, and Embed feature. Embed feature html code snippet must be used unmodified and User Content images must be displayed no larger than 640x640 pixels. Use of any non-approved method for sharing User Content is strictly prohibited. All distributed or shared User Content must be hosted by Pixoto and must not be copied to another location."
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C.Charles

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Ok..I'm not a lawyer so make it simple. I cannot stand legal speak.

1) What does "User Content, not owned by you" mean in the real world

2) Does Pixoto allow other sites (such as "The Elephant Journal") to use our images as content on their sites (embedding) without any financial recompense to the owner of that image.

3) With the embedding unticked (as shown by Lenore) no images can be used by sites such as the The Elephant Journal.

I think it may be time to leave the sinking ship
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Jasenka, Official Rep

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Hi Bill, I will try :)

1) "User Content, not owned by you" means that, as example, since I have a site, I can embed your photo (using code that is provided by Pixoto when you click on "Embed" button on image detail page) and post it on my site, but it needs to be under Terms of Service (TOS) (i.e. photo needs to be up to 640 px on larger side /the code goes only up to 640px, not larger/, must be marked with your username /same as shown on image detail page/, unmodified, linked to image detail page on Pixoto and must be hosted by Pixoto).
Also, you can use embed on your own photos and post it in your website.

2) Pixoto only allows users to use embedding. If you are not user on Pixoto you will have no access to embedding feature. Embedding feature is without compensation but it must be used in terms and conditions as stated in TOS.

3) When embedding feature is ticked off on your account other users can not use embedding feature on your photos.

If this doesn't help, please let me know.
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Lenore

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Jasenka, I have tried repeatedly this afternoon to uncheck the embedding feature on my account. Can you perhaps only uncheck it if you have a Pro account? I uncheck it and click the blue Save Changes button, then have a look in my account again but that feature reverts back to being checked off. I've logged out, cleared cache and cookies etc, I even ran a Norton scan before returning to Pixoto but still, I can't uncheck it and have it remember that. I also tried checking and unchecking other boxes and that seems to work fine -- it's only the Embedding feature that I can't turn off. It does make me wonder if, because I don't have a paid account, if it's perhaps not possible for me to turn it off. Is that right?

(I use Firefox, and Windows 8.1.)
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Terry Gower

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I've just tried and it appears to work but when you go back into your account the ox is ticked again.I do not wish to allow people to use my pictures without my permission so how do we get rid of it?
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Lenore

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Terry, it's good to know I'm not the only one! :-)
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C.Charles

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Mine is the same
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Dipali

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Mine is in the same state. It's same for everyone I guess. I unchecked it yesterday and today it was checked. Though when I saw my images when i was not logged in it asked me to be a subscriber . I am a Pro member.
(Edited)
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Dipali

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I too have a photo there with no compensation for that image.
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C.Charles

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Pixoto

Get this fixed or you will see a whole lot of users removing their images from this site.

I find it appalling that another company can our images to make a profit without any financial compensation.
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Terry Gower

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for some obscure reason I also got an e-mail welcoming me to pixoto.....I presume it was because I tried to edit my account details....
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Diane Plevelich

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I will remove all my images if this is what is going on!

Yes this is what happens. I am so done with this site! Photos and artwork are coming down now!
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Joyce Andersen

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i wonder if once you have images embedded that they can not be undone. and that you may have to remove ALL images and then uncheck the embedding and add them all again? that would beat all wouldn't it?
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Tupu Kuismin

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Same problem with embedding feature...Pixoto have to do something asap!
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Jasenka, Official Rep

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Hi all, there is a glitch in setting that is not recording when embedding status is changed. I'm really sorry about this. I have asked for it to be checked and fixed.
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Lenore

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It seems to remember the selection now with regards to the Embedding choice in our accounts; I unchecked the box and it has stayed that way. Thanks for fixing this.
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Jasenka, Official Rep

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You are welcome Lenore :)
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Jasenka, Official Rep

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Hi, we have fixed embedding feature.

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