Whats up my fellow artist, this is my first time posting in the forums but the reason iam here is because i wanted to share with you an interesting situation iam having on video hive. So here is the deal ya ready?? ok here goes.
About a week ago i uploaded a after effects template i have been workingon for since last year and i finally got it done (“yay me!”) and uploaded it to video hive and about 6 days later it gets approved and finally on the market. So iam happy and its time to move on to other things right? ...well not really. About 2 days later i get a email saying hey we are “Hard Disabling” your project Because you infringed on some ones copyright. Dont worry i will show you the exact email in a second. But anyway iam thinking to myself huh? My project i worked on for months and spent hours of rendering on and not to mention i had custom music made for. Is all of a suddent disabled right after its approved?
Ok so here is the deal guys… and i want you to pay close attention here. This is what my template looks like. Dream Keys and here is a short clip showing when i was in production of this project here back in Oct 13,2012. Now here is the project that they claim i copied http://videohive.net/item/tribute-piano-memories/4110162 . Now notice the date of his project, its months after i have been working on mine. So unless i managed to build a time machine or broke into this guys house and stole his laptop(“haha”) there is no way i could have copied this guys work. Oh and before i forget here is what there first email to me looks like here.As you can see those are some pretty threating words to send your artist.But most of it looks like just a copy paste of pre-written text or a bot.
But anyway regardless of the clear fact that i did mine first. Comparing the twoof our projects i just dont see how either one of ours can be called a derivative of one another.From what i see the only thing we have in common is that we both use piano keys to display a screen place holders and both our animation motions our slow. Now given the theme we both choose which is piano, it would be impossible to do this theme without having a piano shown in some way. I cant tell you how many times i have seen news templates and lower thirds that are damn near the same but manage to coexist on this site and dont get me started on 3d text and logos.
Now i have nothing against this other guys project and i think he did a great job and i hope he makes lots of sales, But it really comes down to what the buyer wants and i highly doubt there going to look at both of our projects and say to his or her self “wow these two are the sametemplates iam not going to either one!”. Of course they would not say that, they would pick which one best fits for them just like all the other projects on video hive that are the same theme that share similiar graphics. But the point that iam trying to make is that were different enough from each other to coexist on the market.
Now moving on, after i explained this to them in a really long email and that there claims were false.I receive another email almost a week later stating “Upon further review by our senior staff and reviewers, the item will remain disabled.” (here is what the exact email looks like here) So thats it huh just another short copy paste email with no explanation behind there decision or what i can do on my part to correct the situation. Is this the true colors of video hive reviewers/staff? dont bother to have a conversation with the artist just keep it short and move on to the next guy? I have been a member of video hive for a few years now, both exclusive and non-exclusive.
And over the years of my being here i have always choosen to remain silent about mostof the issues i have had. But this time i think this is some thing many of you need to hear,Now just imagine for a secondif you were in the same situation as me and you where an exclusive author(which iam not any more) and you made a huge projectthat took months and then out of the blue your project gets taken off the market like mine. What would you do? and from what you can see there is no chance of talking to any one that can help you or explain there decisions.
Alright this has been a pretty long post and iam gonna wrap this up now. But the whole reason for me writing this is by no means ment to be a rant or out of anger but just as warning to my fellow artist reading this right now that if this can happen to me it can happen to you as well. And no matter if you made them a few dollars or a few thousand dollars your loyalty doesnt really matter your just treated like another number. So in the future if any of you have a problem or dont agree with a decision made about your work make sure you complain and demand some answers and post your experience for other artist to see so that they know what they truly signed up for.
Videohive is a place where a lot of stuff gets copied. It’s a shame, but I guess it’s a part of markets on the internet.
Videohive is also very keen to be untouchable when it comes to being seen as supporting such behaviour (which is a very good thing), but from what I’ve seen and heard from people on the forums, this leads to a situation whereby any claim of copyright infringement that even remotely has legs results in the immediate removal of the item in question, without the right of investigation or appeal.
Guilty until proven innocent?
I fear that in many cases where authors protest their innocence, the file was indeed copied. We’ve seen many cases on the forum where authors have made absurd claims that their item that’s identical to something else is just a case of synchronicity, only later to back down and admit that maybe it was just a teensy bit influenced by x, y or z, but that’s okay because they changed the background color.
But it’s perfectly possible that stuff that looks a bit similar or has a similar theme really is a case of synchronicity. At the end of the day, the range of material that we are exposed to and influenced by has become so similar, thanks to globalisation and the www, that it would be kind of surprising if two people in the world didn’t come up with the same idea at the same time.
I don’t know what the answer is. I can understand that it’s easier for Envato to just disable an item than go into a long-winded investigation. But as the party that makes money from its authors, I feel that there’s also some duty to protect and stand up for them. From your point of view, a couple of weeks is a lot of work to waste. If you really didn’t copy, I can appreciate your frustration.
If there were at least the opportunity for discussion or a place to appeal the decision, it would really help. If you were able to prove that your item existed first, that would constitute indisputable evidence in your favour. If only you could prove it. Shall we get word from Envato on this? There are regular forum posts similar to this, where it doesn’t seem cut and dry that the item in question was copied. Nowhere else in the world would an indidual be condemned on the accusation of a third party with a personal interest. If Envato is going to remove items like this, then they should at least suggest some methods by which authors can prove originality and authorship of their items.
In the meantime, I notice that the item you allegedly copied has been removed from Videohive. What’s going on there? A counter-claim? Or just a broken link?
Edit: Fixed the broken link in your post. I’ve seen the original now. The piano motif is very similar and used in a very similar way. Otherwise, the two files are as different as can be. It’s somewhat borderline, but I remember that similar claims in the past have been thrown out – for instance, I remember a specific claim concerning a 3D jigsaw puzzle motif, where the files were probably more similar than these two… that was thrown out. Circumstantially, it’s suspicious that 7 weeks after this file was released, yours comes out. Can you prove that you’ve been working on it since October?
Personally, I think they’re both different enough to not infringe each other and as they’ve got a kind of ‘niche vibe’ with regards to the music/notes/piano keys there should be room enough for both of them on the site.
I kind of disagree with the whole ‘I was working on it first’ argument though. You may have water tight proof that you came up with the idea first, but if you’re not first to market then you’ve shot yourself in the foot. I may have been working on the iPhone for the last twenty years, but if I brought it out now then I’ve left it a bit too long, and I’d also get in trouble unless I patented it first! My screenshot from 15 years ago of some designs would get thrown out by the Apple lawyers faster than a really fast thing.
Yes, in that example I didn’t have proof that I invented it first (so things would probably be a different if I did bring out my later iPhone), and the fact that I think neither template infringes the other means the argument is kind of moot… but just my opinion on the whole ‘I did it first’ vibe.
Either way… I think both templates should stay up.
For me, it’s a two different templates…
- Sold between 100 000 and 250 000 dollars
- Author had a File in an Envato Bundle
- Author has had an Item Featured
- Author was Featured
- Contributed a Tutorial to a Tuts+ Site
- Author had a Free File of the Month
- Bosnia and Herzegovina
- Referred between 500 and 999 users
No lie, they are different.. Only piano logic is same but it is so normal. If we eliminate on some object ideas, There would be 100-200 projects on videohive
By the way, I have seen some copies of my works, but last day someone was really exaggerated it. It was an exact copy of my work. Even project name was same! My file was the popular file on its first week and he just copied it when he saw by thinking of a piece of cake.. And I wrote him. He wrote me back, he knew his fault but he declined. And then I gave up to make his project down. Because it was a bad copy, camera animations etc. was crap. And as I guess he sold none