Tinypic.com & Zazzle What the ???? 3 pages: [1] 2 3
bad_Onions
Posted: Tuesday, March 23, 2010 12:01:04 AM
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I'm sure a few folks here have heard of or have even used tinypic.com to upload images for various internet uses. Basically they host your images. Anyway, I was trawling through google images to see where my cartoons are ranking and came across one that was linked to here.

Fair enough, I'd uploaded it to tinypic quite a while ago for the code so no drama there. However now I see that that cartoon is available on products and clicking the link takes you to
here

Yep, Zazzle. Now the last link from tinypic to zazzle actually has an Rf number which I can only assume credits Tinypic as it's not mine.

I had a look at some other images hosted by tinypic and found this.
which leads to this.

So we have Joe public uploading anything they like with Tinypic displaying all the associated products which are then powered by Zazzle. Sure, the product designs will print awful but the customers not to know that.

I'm seeing infringements galore. Must be missing something here I guess. Anyone throw any light on this?
ruralfrance
Posted: Tuesday, March 23, 2010 12:05:56 AM
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They all seem to have gone now, so it's a bit difficult to follow what was happening.
bad_Onions
Posted: Tuesday, March 23, 2010 12:07:22 AM
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Well that's interesting. The links to the tinypic image don't work now.
bad_Onions
Posted: Tuesday, March 23, 2010 12:09:27 AM
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ruralfrance wrote:
They all seem to have gone now, so it's a bit difficult to follow what was happening.


Yeah I just noticed that Ruralface. The links to zazzle still work.

Tracked the first image again

Ha!! it won't let you link directly to the page.
ruralfrance
Posted: Tuesday, March 23, 2010 12:09:35 AM
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Except the last one which goes to a store of the same name which seems to have had all it's products removed.
bad_Onions
Posted: Tuesday, March 23, 2010 12:16:31 AM
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No, Tinypic don't have a store as such. They seem to be offering the products through referral. Each link to Zazzle has it's own RF Number
ruralfrance
Posted: Tuesday, March 23, 2010 12:21:29 AM
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No, but someone is using their name - if you click on the licks in that last link, you get to "tinypics" store - it has one mug in it, with the tinypics logo (unless that's gone now too)

not licks - links Smile
bad_Onions
Posted: Tuesday, March 23, 2010 12:44:38 AM
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I think maybe it's a token gesture for a shop on their part. Anyway here are some screen shots.








malibuitalian
Posted: Tuesday, March 23, 2010 4:35:39 AM
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Maybe you stumbled onto something that is a "work in progress".
Perhaps Tinypic, which is a trademarked name/site, will be a future Zazzle-brand.
Is it possible they are planning on partnering with Zazzle to offer people's photos on products..... hmmmmmmmmm..... Shocked
ruralfrance
Posted: Tuesday, March 23, 2010 4:47:21 AM
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I think it's unlikely, since the mug was made in 2008 and there are empty categories like shirts for dudes, but stranger things have happened.
pickledradish
Posted: Tuesday, March 23, 2010 7:53:40 AM
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The products I see are two mugs-one with a hobo illustration and one with a Coke logo. Both show the size problem triangle.
Whatever they are doing looks illegal to me and Zazzle should be notified.
And anyone with images at tinypic should get them out of there and register a complaint.
LisaMarieArt
Posted: Tuesday, March 23, 2010 9:14:24 AM
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pickledradish wrote:
The products I see are two mugs-one with a hobo illustration and one with a Coke logo. Both show the size problem triangle.
Whatever they are doing looks illegal to me and Zazzle should be notified.
And anyone with images at tinypic should get them out of there and register a complaint.


I'm with pickledradish on this one. I'm looking through tinypic.com now amd so far every image I've clicked on has a 'buy it on a product' option in the sidebar.

There's pictures of Fall Out Boy, Twilight, random folk, low res images not intended for print. You can't directly link to the individual pages but just go to the homepage http://tinypic.com click the images tab, then popular and Twilight's on the first page.

Click it and you'll see Buy It on a Product in the sidebar with little thumbnails. Click one of those you get a big page with the different products available showing the image on them. Click any of them (except digital photo frame that goes somewhere else) and you get brought to Zazzle with your chosen image on it.

This can't be right.
gothictoggs
Posted: Tuesday, March 23, 2010 9:58:40 AM

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and it doesn't matter what category you choose either, i search for "gothic" (wanted to make sure i didn't see anybody from here that I new had their own store.)and came up with the same thing. it doesn't matter what pic you choose. and there are alot of very famous artist, from Vallejo to Whelan and more, this can't be right.
ruralfrance
Posted: Tuesday, March 23, 2010 10:42:05 AM
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This doesn't sound good! There's no mention that I can see in tinypic's terms or on their blog about this feature. If it's a trial run it's not good to allow low-res images, or more especially, someone else's images for sale on products. Maybe Zazzle will see this thread and chip in?
bad_Onions
Posted: Tuesday, March 23, 2010 10:49:07 AM
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You'd think it can't be right. Considering all the roads lead to Zazzle it would be nice to get a response from them as the way it's set up it looks like "hey, we'll print anything and don't care a hoot about copyright!"

Considering it's beaten into us with blunt sticks to make sure we have the rights to the images we offer I'm somewhat surprised Zazzle are involved with this type of set up.

Zazzle?

pickledradish
Posted: Tuesday, March 23, 2010 11:27:56 AM
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I have emailed Zazzle and asked them to check this thread.

I also went to tinypic and noticed that they are using other pod's too.

You can buy someone's personal photo as well as copyrighted and trademarked work. Pretty creepy...Angry
dogplay
Posted: Tuesday, March 23, 2010 11:47:05 AM
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Looks like tinypic.com is owned by Photobucket
ruralfrance
Posted: Tuesday, March 23, 2010 12:01:50 PM
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I sent an email to tinypic too.
bad_Onions
Posted: Tuesday, March 23, 2010 12:07:11 PM
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Thanks Pickledradish.

Ok, so this is what they refer to in their TOS.


Proprietary Rights in Content on TinyPic.

6.1 TinyPic does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the TinyPic Services. By displaying or publishing ("posting") any Content on or through the TinyPic Services, you hereby grant to TinyPic and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content will be publicly available, and TinyPic and other Users may copy or display Content outside of the TinyPic Services through the quick link feature or through any other display mechanisms.

But to my mind by offering the images for sale
they are claiming ownership ??

I'm sure coke would be happy to see their TM on a hat.
FishTsdotcom
Posted: Tuesday, March 23, 2010 12:08:00 PM
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It does look a little weired. But it could be simply someone using the api tools and built that as an associate referral program. There is no items but one in ther shop, here or at the other place, but lots of linked items on their site. Associate link building isnt against the rules, but if they actually have created products with your images its a definite no no.

Its more than likely just a referral setup.

Either way, id probably get zazzle to verify anyhoos.
bad_Onions
Posted: Tuesday, March 23, 2010 12:19:34 PM
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I would understand the referral idea if it was pointing to products already available in Zazzle shops, but it's not. Tinypic takes any image I upload to it and automatically displays it on various products. Press those product links and you end up at Zazzle.
Sensato
Posted: Tuesday, March 23, 2010 1:35:46 PM
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bad_Onions wrote:

Ok, so this is what they refer to in their TOS.
....By displaying or publishing ("posting") any Content on or through the TinyPic Services, you hereby grant to TinyPic and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content will be publicly available, and TinyPic and other Users may copy or display Content outside of the TinyPic Services through the quick link feature or through any other display mechanisms.

But to my mind by offering the images for sale
they are claiming ownership ??

I'm sure coke would be happy to see their TM on a hat.

I'm no lawyer, but it seems to me that you gave up a lot of your rights by posting images there, and they may well be within their rights to link to Zazzle. Doesn't mean they are claiming ownership. As for the coke, that was most likely uploaded illegally which is another issue entirely.

I would be very, very happy to be wrong, but really, reading that TOS, you agreed to link to any other display mechanisms (in this case Zazzle), and agreed to reproducing the content (wouldn't Zazzle printing your image count as this?).
dogplay
Posted: Tuesday, March 23, 2010 1:58:28 PM
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No way does what is in the terms of service cover that site taking uploaded images and offering them for sale through Zazzle. And it isn't just "someone", it is the site that is doing it. That system could not be put into place without the active participation of Photobucket who owns the site.
bad_Onions
Posted: Tuesday, March 23, 2010 2:04:33 PM
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Neither me no lawyer but I'd say there is a vast difference between displaying the image anywhere they wish and offering that image for commercial monetary gain. The other point being that anyone else can easily find our stuff on the net, post it to Tinypic, and have tinypic profit from it.

Another words I can go to your store, copy one of your images, post it to tinypic, and they will display a range of products with it that then lead back to Zazzle. Did you give away your rights?
pickledradish
Posted: Tuesday, March 23, 2010 2:08:05 PM
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It does sound as if people who post images on tinypic give up their rights to those images but that doesn't mean that what tinypic is doing with those images is right. Maybe technically legal but not right.

I'm sure Tim Burton's Alice in Wonderland store will be quite pleased to find their images on products that tinypic is selling through Zazzle. The product page is not the official store product page.

There is also the quality issue that needs addressing.
If someone buys a product with this inferior image they may never shop at Zazzle again and tell others about the bad printing. That's not good business.

I'd like to know how tinypic set up these product pages without them being linked to the tinypic zazzle store. They are also missing some of the aspects of a typical zazzle product page such as the report button.

This does need to be investigated by zazzle.

dogplay
Posted: Tuesday, March 23, 2010 2:27:17 PM
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pickledradish wrote:

I'd like to know how tinypic set up these product pages without them being linked to the tinypic zazzle store. They are also missing some of the aspects of a typical zazzle product page such as the report button.
That's the easy part. Zazzle provides an API for just such creations. They just developed it a bit more. It could be developed legitimately, with the active knowing consent of the image owners. Perhaps Photobucket thinks that the image owners gave their knowing consent, but they have a long way to get to that goal.
Sensato
Posted: Tuesday, March 23, 2010 3:30:54 PM
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bad_Onions wrote:
The other point being that anyone else can easily find our stuff on the net, post it to Tinypic, and have tinypic profit from it.

Another words I can go to your store, copy one of your images, post it to tinypic, and they will display a range of products with it that then lead back to Zazzle. Did you give away your rights?

Anyone can easily find our stuff on the net and use it in any number of illegal ways. Of course that doesn't mean we gave away our rights. Has nothing to do with your agreeing to the TOS of the images you willing uploaded. You stated you did so.

I hope you are right, dogplay. But I'm not sure giving the rights:

to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels.

does not exclude printing, nor profiting from.
bad_Onions
Posted: Tuesday, March 23, 2010 4:26:25 PM
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They can have anything they like in the TOS including "Must surrender wife and first born" Doesn't make it legal.

If I woke up in the morning to find a car parked on the lawn and then offered it for sale because a sign in the garden said anything left on my lawn is now mine, I'd dare say the laws of the land would object.

Back to the TOS. Having just uploaded a rubbish image to Tinypic I can say that at no point was I asked to accept the TOS. Neither am I member of Tinypic. Anyone can do this without surrendering any information.

The crux of the matter is. I can take a picture of a coke can in high res, upload it to Tinypic, and Tinypic will then instantly offer me that image for sale on a Tee. Regardless of the POD being Zazzle, it's illegal.

Personally I think it stinks.
PRPrints
Posted: Tuesday, March 23, 2010 4:52:46 PM
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It's clearly not a referral site. The seller is identified as "by tinypic." If it was a referral, the hobo mug would go to bad_Onions own product, with bad_Onions name, and bad_Onions would get the royalty. However they've set it up, it's done illegally since bad_Onions gets no benefit from any sales on that mug whatsoever.

The fact that the images are obviously too small for the products is a sure sign it's a stolen graphic. It's not likely even the original someone uploaded, but a thumbnail of it.

I don't begin to understand the API, but it's odd that it's not a full product page. In fact, it's not a product page at all - it's the product design page - what you get when you click "customize." And here's another weird thing. At the bottom of the page, there's a "last saved" link. If you hover over it, it shows "in progress" in the lower left corner. I clicked it, and it put the mug in my in progress section. Which would normally only happen if I was designing it from scratch or customizing someone else's product. Is that normal for API? The tooltip for the "edit title" link says to click there to go back to tinypic's store. But if you do go to tinypic's store, there's only the one tinypic's mug, not even the ones that bad_Onion linked to. Very odd.

Surprising that Zazzle hasn't blocked that account if they're using graphics they don't have the rights to. If some interpretation of that TOS allows them to use the images (despite the fact that they're nowhere near the minimum resolutions), then everyone who has used Tinypic better remove any graphics you put there fast.

Patricia
PR Prints
standoutloud
Posted: Tuesday, March 23, 2010 8:25:36 PM
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This is pretty darn serious. Have any of you contacted zazzle about it ?
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