Wednesday, April 14, 2021

Why I Left Pixsy

What is Pixsy?

Pixsy (www.pixsy.com) provides a service for photographers by scanning the web for a photographers’ images. If a match is found it is reported to the photographer who can then take a few actions, including filing a case for payment. If a case is filed and a settlement received, Pixsy retains 50% of the settlement and the photographer gets the other 50%. They provide both a free and a premium service.

This post was updated on 16 April 2021 - see "UPDATED" below for details.

My Experience

I joined Pixsy sometime in 2015 with a free membership account. I did not have a lot of images but did have some issues with unauthorized usage in the past. The idea of having a service scan the web looking for my images was quite attractive; it was certainly more reliable than accidently coming across things. I submitted my first case in January 2016, the first of fourteen (14), but it did not get far. While researching the case it was determined the image was purchased from an affiliate of a stock agency the image was uploaded to – it was legitimately licensed, but I was never told.

Most of the other cases were “rejected” for various reasons, most of which were that the guilty party was in a country not supported by Pixsy. There were two (2) successful attempts at compensation (2016 and 2017), as well as two (2) cases that were dropped due to their inability to open a dialogue with the offending party. The first discontinued case was referred to a law firm to pursue the case in Federal court, it was I who decided to drop it at that point because of the uncertainty of the outcome; if I lost, I could be held liable for the defendant’s legal costs.

The last case was against a local radio station that used one of my images to illustrate an article on their website – the image was used as the header image. Pixsy discontinued this case after four (4) months.

Why I Left

I left in December 2018 because the quality of service had been slipping, the searches were sloppy, and their case acceptance criteria made it very difficult to get them to work on your behalf. In February 2019 I was contacted by Pixsy with an offer to upgrade my account – for free – and was assured the services had improved. The free upgrade was enough to give them another opportunity. The searches were being run more frequently and the accuracy had improved, they were also more transparent with their criteria for accepting cases.

Despite the improvements, I still felt that the service was not living up to expectations or its earlier performance. When I first started with Pixsy I was getting a lot of “hits” on my images but not all were actionable. That is okay because at least I knew the search function was working – it was finding my work. The past year has proven to be frustrating due to the very low number of times my work has been found, in addition to a far lower rate of case acceptance. The case alluded to at the end of the last section was the last straw.

The Final Case

I submitted a case in November 2020 - I happen to have seen the article before the incident appeared in a search on Pixsy. The first license fee request to the image user was emailed on 24 November 2020, followed by six (6) more emails before discontinuing the case on 31 March 2021. The “paper trail” on the website only showed two attempts and I had to send inquiries to get status updates – one of which stated that phone calls had been made in addition to emails sent. When I received notice, they were dropping the case I requested all the pertinent information so that I could pursue the case on my own. I did this with the other case that had been dropped.

The only thing I received was a graphic showing the image being used on the website. That is it! I asked again for ALL the information – the full paper trail of who, what, when, how, and contents of the correspondence. I asked three (3) times before getting another graphic showing the dates and a small description of emails that we sent. Nothing about phone calls, no contents of the email, nothing. There was, however, one description where I could see the name of the person contacted – I could not know, however, if they had been contacted each time or if attempts went to others in the organization.

I tried one last time, this time stating that I was going to delete my account if I did not receive the requested information by noon today. Miraculously, I received an email at 11:59 AM! The email explained that they had already given me all of the information that I requested but they could not provide me with the contents of the emails – just that “they included a fee request, an overview of the infringement, an explanation of who Pixsy is, that we are authorized to work on your behalf, and details on how to settle the matter which includes the payment of the license and the removal of the image.”

Now, at no time did I demand a removal of the image – I do not know where that came from, but it was not authorized by me. The fact of the matter is – if they pay the licensing fee, I am more than happy to have them continue to use the image. I know the fee that they told me they were requesting but I have no confirmation whatsoever that it is, indeed, what they requested or if they in any way offered to “work with them” on an equitable solution.

I am now fighting this battle on my own with very little knowledge of the preceding events. I could learn a lot from seeing what work had been done before – how forceful is the language, do they present timelines, were others copied on subsequent emails, was the spectre of a lawyer and lawsuit raised, etc…. I will have to learn on my own and, hopefully, not trip over my own feet in the process.

In Closing

I am now looking for another service and would love to have you leave some of your experiences in the comments below. If you are happy with a service – please let me know. Equally important, let me know if you tried a service and were unhappy.

UPDATE!

The case has been resolved! I sent an email and within two (2) days we worked out an equitable resolution. I believe Pixsy sent the request to the wrong person inside the organization and never properly followed up. My recommendation for anyone going thru this on their own - write an email, send a follow-up after a week. If you get no response, you can send a third email to the person but also send the same via "Certified Mail" and get a return receipt so you have proof of delivery. You then want to work your way up the "food chain" with subsequenct correspondence, if necessary. The key is to persevere and don't get discouraged - you work hard and deserve ample compensation for your work.

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