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Author Topic: Fotolia still at it - they closed my account  (Read 19667 times)

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« Reply #25 on: May 29, 2014, 06:21 »
+4
Sorry to hear this Ron. Not a shocker, I suppose.


« Reply #26 on: May 29, 2014, 06:24 »
+4
Seems mine is closed too, though I did not receive any e-mail from them.

Fotolia is my second earner.  I opted out, but did not delete any images from Fotolia.
You might not be upset Ron, but I am.

No matter how terms and conditions are, it is legal to close an account in this way? I think not. You have done a lot of work for them... think of the hours invested in uploading and keywording, let's say, 10.000 images;in  exchange,  they were commited to have these images on sale. Then, all of a sudden, they delete all the images, and with them all the work you did for them just because they feel like that.

Get an attorney, sue them and ask for a monetary compensation.

Ron

« Reply #27 on: May 29, 2014, 06:27 »
+22
Thank you guys for all your support. Just know that I dont really care about my account at FT. It just shows that they are still a fox in sheep clothes. I only made 20-40 dollar per month there. So no big deal. I stopped uploading last November when my sales dropped by 50%.

I can now fully focus on writing the EU and keep pestering Chad on email. LOL

ShadySue

« Reply #28 on: May 29, 2014, 06:28 »
0
Seems mine is closed too, though I did not receive any e-mail from them.

Fotolia is my second earner.  I opted out, but did not delete any images from Fotolia.
You might not be upset Ron, but I am.

No matter how terms and conditions are, it is legal to close an account in this way? I think not. You have done a lot of work for them... think of the hours invested in uploading and keywording, let's say, 10.000 images;in  exchange,  they were commited to have these images on sale. Then, all of a sudden, they delete all the images, and with them all the work you did for them just because they feel like that.

Get an attorney, sue them and ask for a monetary compensation.
International lawyers are prohibitively expensive.
I wonder how many US-based submitters have been dropped? (I know US lawyers are also very expensive, before you ask.)

« Reply #29 on: May 29, 2014, 06:36 »
+16
Whow, what a shocker!

I thought after istock created a martyr out of Sean, the agencies had learned that turning against individual contributors in spiteful emotional reactions when it is they themselves that have messed up, is extremely destructive for their reputation.

It only benefits Shutterstock as the "Agency that can be trusted"

This is bad, really shortsighted and bad.

I opted out of DPC, but didnt delete images from Fotolia. If they offered individual opt ins I probably would consider opting in files that I deem 1 Dollar worthy.

Fotolia made a mistake in the way they opened DPC and took our files without our consent. By targeting individuals they make it clear that they still dont understand at all why the artists are opting out content.

Everybody understands if someone cheats and uploads stolen content or something like that, that a portfolio will be deleted. But longterm contributors who spend years building and maintaining their portfolios, putting up links on their websites for Fotolia etcthey will now all get "the message".

Looks like opening a second anonymous account on msg will become a necessary option for all artists to be able to discuss freely what is going on in the industry.

The only message they are sending is that Fotolia is not safe. I really dont understand why anyone would want to do that?

Kicking out Sean, Rob Sylvan, Alex, Ivar, Nuno and probably a few others obviously didnt help istock recover any business after they created the drama of the Getty Google Deal. Wasnt that enough to see how NOT to handle a public relation disaster?

Ron and Anyka, I am so sorry. I really dont understand what their goals are. DPC must be much more important than I thought for their future plans. What will happen to Fotolia? :(


Do they really believe that now there will be more people opting into DPC?

I really dont understand.

« Reply #30 on: May 29, 2014, 06:39 »
+7


No matter how terms and conditions are, it is legal to close an account in this way? I think not.


What are the terms and conditions for, then? There may be some terms that are so biased they don't count but I doubt if the right to end a business relationship is among them. Elsewhere, we have Axel looking for lawyers to sue DT because he feels that they have not closed his account the way he wanted.

Sometimes it seems that people here think we should have the right to close our accounts any time we like but those we have the agreement with shouldn't have the right to close the account from their side. It doesn't make sense to me. And hiring a lawyer sounds a very expensive way of finding that contracts can be terminated.

Ron

« Reply #31 on: May 29, 2014, 06:46 »
+8
I am sure I did something to piss them off, I just would like to know what it is. I am well aware that any agency can close my account at any time.

All I am worried about is that they keep selling my stuff or their affiliates keep selling my stuff, without me getting any money for it.

« Reply #32 on: May 29, 2014, 06:47 »
+14
They are probably scared that under American law if they give you a reason then they might provide you with ammunition for a court case.  I believe it is quite standard in US businesses not to get specific.

I think it does show that they are really feeling the effects of the opt-out campaign, which is good. I'm not really surprised that they acted like this, if you look at the real (non-Internet) world, most companies would not continue their relationship with a product supplier who was actively campaigning to undermine their business strategy. After what happened to Sean I'm a little surprised that people are surprised by this, especially with Fotolia's past record of responding nastily to critisim on MSG.

Certainly, if you want to keep your Fotolia account active and you want to campaign here you would be wise to be anonymous - I don't know if it is possible to open a second account to overcome this.

+1

I have received considerable criticism on these boards for anonymity. Much of that criticism has come from Ron and friends. My reason for anonymity is in good part due to the fact that I have watched this same scenario play out in the past at various agencies. In my opinion there are very good reasons for anonymity. We need to be able to discuss business honestly without fear of retaliation on the part of the micros.
« Last Edit: May 29, 2014, 06:51 by gbalex »

ShadySue

« Reply #33 on: May 29, 2014, 06:48 »
0
In the UK, there is such a thing as unfair contracts, and unfair waivers etc, so the mere fact that you signed a paper doesn't always mean you're held to it or that the other party can ride roughshod over you.

But maybe that doesn't apply in the US, where having a signature seems to count for much more. ([?] I don't know.)

« Reply #34 on: May 29, 2014, 06:51 »
+1
In the UK, there is such a thing as unfair contracts, and unfair waivers etc, so the mere fact that you signed a paper doesn't always mean you're held to it or that the other party can ride roughshod over you.

But maybe that doesn't apply in the US, where having a signature seems to count for much more. ([?] I don't know.)

Do you mean that in USA someone signs a contract allowing another one to be his master and to have him as a slave is legal? (it's an example)

« Reply #35 on: May 29, 2014, 06:53 »
+6
Wish you all the best at the other agencys you are with Ron.

ShadySue

« Reply #36 on: May 29, 2014, 06:53 »
0
In the UK, there is such a thing as unfair contracts, and unfair waivers etc, so the mere fact that you signed a paper doesn't always mean you're held to it or that the other party can ride roughshod over you.

But maybe that doesn't apply in the US, where having a signature seems to count for much more. ([?] I don't know.)

Do you mean that in USA someone signs a contract allowing another one to be his master and to have him as a slave is legal? (it's an example)
I know nothing about US law, as I said.
It seems to be that signing a waiver is far more likely to bind you in the US than here.

Ron

« Reply #37 on: May 29, 2014, 07:23 »
+4
I am not going to get into an argument with Gbalex, but my criticism is not about you being anonymous, but for the things you say/claim whilst being anonymous.

And there are people here who are anonymous for valid reasons, but at the same time use that anonymity to insult and troll. I can point them out, but I wont.

I used to be anonymous, but figured it would only be fair to make myself known to the community here, but I might reverse that decision now, as some others did lately.

« Reply #38 on: May 29, 2014, 07:33 »
+1
Do you mean that in USA someone signs a contract allowing another one to be his master and to have him as a slave is legal? (it's an example)

I'm pretty sure there would be laws trumping any such contract - maybe even something in their Constitution - but a contract that says both parties have the right to terminate it at any time for any reason is perfectly normal.  Indeed, having one side banned from terminating it would be closer to a master-slave relationship.

« Reply #39 on: May 29, 2014, 07:40 »
0
I am sure I did something to piss them off, I just would like to know what it is. I am well aware that any agency can close my account at any time.

All I am worried about is that they keep selling my stuff or their affiliates keep selling my stuff, without me getting any money for it.

I bet they got a call from one of those agencies, or a related agency.

« Reply #40 on: May 29, 2014, 07:45 »
+5
Seems mine is closed too, though I did not receive any e-mail from them.

Fotolia is my second earner.  I opted out, but did not delete any images from Fotolia.
You might not be upset Ron, but I am.

Sorry to hear. I hope lots of sales for you in other companies.

Tror

« Reply #41 on: May 29, 2014, 07:49 »
+3
Anyone else with closed accounts?

« Reply #42 on: May 29, 2014, 07:52 »
+5
Anyone else with closed accounts?

I just checked and still open.  But I sent several nasty grams to them last week and opted out my images, so anything can happen.  I am in the same boat as Ron, meaning I don't make sh!t there with 3000 images, so losing FT isn't a big deal. But why Ankya? Is it that they knew she made a lot from FT? I know of another high end photographer who had like 8,000 images there and they closed his account because he was critical of their policies.  It was a big chunk of income he lost as I recall.

Oh and for those of you who want to voluntarily close your accounts at FT, do it smarter.  Deactivate a few images at a time, verify they fall off partner sites, kill some more, verify, etc. Then close your accounts in totality.  You can make up any excuse.  I sold the right to these images, putting them in RM, etc.
« Last Edit: May 29, 2014, 07:54 by Mantis »

« Reply #43 on: May 29, 2014, 07:54 »
+7
I'm not sure mine is really closed.  It's blocked, and my images are gone.  I do not know if this is permanent or not, as I have not received any message from Fotolia yet.
If there's no message in the next few days, I'll contact support.

« Reply #44 on: May 29, 2014, 07:56 »
+4
I'm not sure mine is really closed.  It's blocked, and my images are gone.  I do not know if this is permanent or not, as I have not received any message from Fotolia yet.
If there's no message in the next few days, I'll contact support.

Well you have a fantastic port and they would be stupid to kill it.

Tror

« Reply #45 on: May 29, 2014, 08:04 »
+3
I'm not sure mine is really closed.  It's blocked, and my images are gone.  I do not know if this is permanent or not, as I have not received any message from Fotolia yet.
If there's no message in the next few days, I'll contact support.

I`ll contact support right now. Using the Opt-out button in the account settings and publicly stating so should not be a reason for a closed account. I haven`t seen any specifically critical post from you towards FT, but I do not read everything

ShadySue

« Reply #46 on: May 29, 2014, 08:04 »
+3
I'm not sure mine is really closed.  It's blocked, and my images are gone.  I do not know if this is permanent or not, as I have not received any message from Fotolia yet.
If there's no message in the next few days, I'll contact support.

Well you have a fantastic port and they would be stupid to kill it.
Don't we already know that they're stupid?
@Anyka - I'm sorry you'll have to suffer a big financial hit.
@ the others - you're probably better off out of there.

Beppe Grillo

« Reply #47 on: May 29, 2014, 08:39 »
+4
In the UK, there is such a thing as unfair contracts, and unfair waivers etc, so the mere fact that you signed a paper doesn't always mean you're held to it or that the other party can ride roughshod over you.

But maybe that doesn't apply in the US, where having a signature seems to count for much more. ([?] I don't know.)

1) they ask you us to sign a contract to seal a deal
2) you we sign the contract
3) they change the deal
4) and you we should accept that?

I think that in none country it could be legal.
Even if in the contract there is a clause saying they can change the deal without our permission (this should not be legally acceptable too)
« Last Edit: May 29, 2014, 08:43 by Beppe Grillo »

« Reply #48 on: May 29, 2014, 08:55 »
+5
Anyone else with closed accounts?

Looks like FT is doing huge favour to their contributors ;)

« Reply #49 on: May 29, 2014, 09:35 »
+32
I'm not sure mine is really closed.  It's blocked, and my images are gone.  I do not know if this is permanent or not, as I have not received any message from Fotolia yet.
If there's no message in the next few days, I'll contact support.

I'm so sorry - both for you and Ron - but I'm not surprised.

 I know I've said several times that Fotolia threatened to close my account back in June 2008 for organizing contributors to protest the lousy deal when they introduced subscriptions. They backed off then but closed it after I went exclusive and refused to have me back - actually wrote in an e-mail that they did not want to do business with me - when I returned to independence in 2011. They shut down Bobby Deal's account too (he was pretty blunt in his public criticism of them).

Things are different now - largely iStock's free fall - but even without Fotolia, by the 4th quarter of 2012 I had matched my 4th quarter 2010 exclusive income. It's no consolation in the short term I know.

Back in 2008 when Chad passed on the threat from his bosses, he said in an e-mail that he was a nice guy, just trying to give me the lay of the land. But here he still is, putting his names to letters that are trying to bully everyone by harming a few chosen individuals. I find the attempt to separate personal nice-ness from the actions of one's employer done under his name pretty hard to swallow.

What Fotolia reminds me most of are the businesses a century ago hiring Pinkerton's thugs to beat up union organizers and fire at strikers. And Getty's public hanging of Sean and Rob Sylvan.

Fotolia should be ashamed of itself. They know no shame, but they've scraped off any remaining veneer of respectability and ethics with this move.


 

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