Copyright infringement - DMCA claim time?

[jedikremer]

I licensed footage on multiple sites including Adobe Stock and Artgrid. Last week I found 284 of my shots from Artgrid that have been uploaded to Adobe Stock, Pond 5, and Shutterstock under someone else's account with only my footage. I submitted a DMCA claim to each stock site. Pond 5 took quick action and took the footage and account down in four days. I have not heard from Adobe Stock yet and am curious if anyone else has had any experience with Adobe Stock with DMCA claims. And if so, how long did it take for the footage/account to be taken down?

Here's the account illegally uploading my footage if anyone is interested: [moderator deleted the link, there is no need to post an external link]

[Jill_C]

Adobe usually takes immediate action on such claims. Did you follow the procedure described in this page:

https://helpx.adobe.com/stock/contributor/help/how-to-report-suspected-misuse-of-your-intellectual-p...

[jedikremer]

Yes, I followed the guidlines and submitted the online form via this same link. I'm surprised to have not heard from them yet. I read somewhere not to submit multiple claims as it could slow the process.

[Abambo]

You may not hear from them immediately, but check if the account is still on-line.

[daniellei4510]

I'm suspect Adobe will take action as soon as they can. They are probably overwhelmed with other DMCA claims and account suspensions, especially the latter. I'll never understand why people try to pull this nonsense. And to top it off, once the account is de-activated, they'll come over here and ask why.

[jedikremer]

I can understand being overwhelmed with claims. But some sort of communication would be preferable to none. Pond 5 already removed the account and footage. Shutterstock at least sent me a generic email with a claim number. Adobe Stock? Nothing

[daniellei4510]

I dont disagree with you there. It's an old saw, but did you check your spam folder? Even with my filters set to put Adobe emails in a specific folder, I still find some get sent to junk for some unknown reason.

[jedikremer]

Good idea but nothing in junk. The Adobe instructions says not to submit mutlpe claims as it will slow down the process. So I guess I have no choice but to wait. Then again, I could report different shots out of the 284 illegally uploaded shots that I submitted last week perhaps.

[Nancy OShea]

Adobe employees don't work on weekends & holidays. 

How many business days has it been since you filed your complaint?

[jedikremer]

I submitted last Friday the 29th. No doubt weekend and holliday work hours contributew to a delayed response. I'm just impatient as I really dislike theives and with Pond 5 taking such quick action it would be nice to see at least confirmation from Adobe.

[Nancy OShea]

I wouldn't expect an official reply for several weeks until after the investigation completes. In the meantime, check your email spam folder.  You might receive an autoresponder confirming your claim was submitted.

This is just a guess as I've never needed to file a DMCA claim.

Good luck.

[jedikremer]

I just received an email from Adobe saying that they "acknowledge receipt of your notice. We have, with no admission of liability, removed the asset(s) from the Adobe Stock site." Unfortunately it seems that they have only removed 3 of the 284 shots that where illegally uploaded to this account. Do I have to literally make a claim for every shot? Seems silly as I clealy stated in the claim that I hold the copyright to every shot on this person's account.

[daniellei4510]

That doesn't make sense. Can you reply to the email or is it one of those "noreply@adobe.com" kind of emails?

[daniellei4510]

Maybe they require that you include the asset number of each video? Still a lot of work, though.

[jedikremer]

It wasn't a "noreply@adobe.com" so I did repoly to it. We'll see if and when they answer. The email also said that "Should you wish to submit additional reports, please submit your notice via Adobe's online form. This form will guide you through the necessary information Adobe requires to process your notice in a timely and efficient manner." It seems obvious that they should deactivate this person's account as every single shot has been illegally uploaded and I clearly stated that to Adobe. Do they really want me to inform them shot by shot by shot for the additional 281 shots? Sorry... just venting a little here. I appreciate your time and advice!

[Abambo]

 It seems obvious that they should deactivate this person's account as every single shot has been illegally uploaded and I clearly stated that to Adobe. Do they really want me to inform them shot by shot by shot for the additional 281 shots? Sorry... just venting a little here. I appreciate your time and advice!

By @jedikremer

They may need a certain threshold of claims to suspend an account. Send in additional assets and ask them about their threshold for suspending an account.

As of my understanding, accounts get immediately suspended as long as the investigation is ongoing.

[jedikremer]

I just submitted a new claim as they suggested in the email. This time I filled in both fields (my work and the illegal samples) to the max number of charcters allowed. Of which didn't even come close to the 281 shots still live. on the account. Hopefully that will be sifficient to suspend the account and remove all of my shots.

Once this is over I think the best course of action will be to upload the shots to my account. Artgrid isn't exclusive. And maybe that will be the best way to guard from this happening again.

[Abambo]

Once this is over I think the best course of action will be to upload the shots to my account. Artgrid isn't exclusive. And maybe that will be the best way to guard from this happening again.

By @jedikremer

Not exactly, but it would help. Give us notice if you get news. We may be able to escalate this, by bringing it to the attention of Adobe employees taking care of stock. I've seen accounts taken down for one asset in about 24h. Indeed, until now, I was persuaded that Adobe has a 0 tolerance policy against copyright violators.

[jedikremer]

I will definietly keep you updated. I appreciate the advice and someone to vent to 😉

[Abambo]

You're welcome.

[Nancy OShea]

Do they really want me to inform them shot by shot by shot for the additional 281 shots?

By @jedikremer

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Yes.  Don't blame Adobe.  This is not their fault.  There are volumes of legal reasons for requiring you to name each asset by it's Adobe Stock ID #.  Blanket infringement complaints won't hold up in a California court of law.  And it may come to that if the offending contributor decides to appeal your DMCA complaint.  I'm just saying... it could happen, not that it will happen.  🙄

I live in California. Sometimes the bureaucracy here is thicker than wax.  Just dot your eyes and cross your tees.  State your case the best way you possibly can and with luck, this will be over soon.  😊

[jedikremer]

Thanks Nancy. I'm not blamming Adobe at all. I can only imagine how may claims of this nature that they get. But given how I submitted the original claim it is surprising that they removed a few shots and did not suspend the account. That said, I am in California as well and fully understand the bureaucracy as you mentioned 😉

[Abambo]

That said, I am in California as well and fully understand the bureaucracy as you mentioned 😉

By @jedikremer

Bureaucracy and the court of law are two different things.

[Nancy OShea]

Actually, they are the same.  Don't get me started on the Squatters Crisis — loopholes that give tresspassing tenants more rights than property owners.  It's a hot mess.

https://www.newsweek.com/california-squatter-crisis-landlord-property-tenants-1883256

[jedikremer]

Update: I'm happy to report that Adobe Stock has taken down the footage and suspended the account.

My next request for Adobe Stock is to get the contact information of the account holder that illegally upladed my footage, the amount that the person may have made from licensing my footage, and the amount that was not transferred to the account holder because of the account suspension. If there are funds that were not transferred I believe that I am entitled to these funds being the legal copyright holder.