MicrostockGroup Sponsors

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« on: July 04, 2012, 19:00 »
anyone heard of these guys and/or have any experience with this site?

I just got a tweet sent to me about it and was curious, but so far, it's just curiosity.  I was wondering about how the licensing is handled, their intro video says that once a buyer picks an image, "a license is generated" but that's it.  Not much details (that I can find) regarding the photographer side.  maybe more if you actually sign up, but this is all I see

« Reply #1 on: July 04, 2012, 19:21 »
never heard of it, dont know if it is that interesting once we need to be available to send files etc.. that said they do have 10k facebook likes.. thanks for sharing, I have just registered

« Reply #2 on: July 04, 2012, 19:21 »
Never heard of them, but it looks interesting.  Looks like someone requests an image, posts the price they are willing to pay, and then photographers submit their work for review.  The chosen image is then awarded the posted price. 

Here's the license agreement:

Intellectual Property Licence Agreement

In the event that the Licensee selects as the Image, the image or images, as the case may be, submitted by the Licensor as part of an ImageBrief Tender, then the Licensee and Licensor will be deemed to enter into a separate binding agreement in relation to the licence of the Image and the rights of the Licensor in relation to such Image.

For the avoidance of doubt:

This Agreement is in addition to the terms applicable to the Site, which includes without limitation the terms of use, non disclosure agreement, privacy policy or any other policy or procedure communicated by ImageBrief from time to time;

ImageBrief and its third party providers will not be a party to this separate agreement and will have no liability whatsoever in relation to the performance or failure to perform of a Licensor or Licensee under the terms of the separate agreement.

The agreement of the Licensor to the terms and conditions set out below is shown by clicking on the "Agree" button. By clicking on the "Agree" button below, you represent and warrant that you have read and understood all of the terms and conditions set out below and agree to be bound by them. If you do not agree to such terms, you should not click the "Agree" button below. If you click on the "Agree" button on behalf of your employer, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority, you should not click the "Agree" button below.
1. Definitions

Unless inconsistent with the context, the following expressions shall have the following meanings:

    "Agreement" means this intellectual property licence agreement;
    "Business Day" means any day which is not a Saturday, Sunday or a public holiday in Sydney;
    "Image" means the image or images, as the case may be, which the Licensor selects as the winning image pursuant to the ImageBrief Tender;
    "ImageBrief" means ImageBrief Pty Limited A.C.N. 149 982 703;
    "ImageBrief Tender" means a tender held by the Licensor on the Site, pursuant to which prospective photographers submit images for review and consideration by the Licensor;
    "Intellectual Property" means the Image;
    "Licensee" means "Sample Licensee" identified also by the username "sample_user"
    "Licensor" means "Sample Licensor" identified also by the username "sample_user" ;
    "Site" means

2. Interpretation

In these terms and conditions, unless the context otherwise indicates:

    (1) References to any statute, ordinance or other law shall include all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
    (2) Words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and references to a person shall be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
    (3) Where any word or phrase is given a defined meaning in these terms and conditions, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;
    (4) Headings included in these terms and conditions for convenience only and shall be disregarded in the construction of these terms and conditions.

3. Licence

    (1) Unless otherwise agreed by the Licensor and the Licensee in writing, the Licensor grants the Licensee a licence to use the Image as follows:
        (a) Term: 36 months, starting from March 16, 2012 ;
        (b) Territory of Use: Worldwide ;
        (c) Permitted Uses: Advertising, Online / Digital ;
        (d) Exclusive or Non Exclusive Use: Non-Exclusive ;
        (e) If the Permitted Uses in (c) above includes Web Advertising, Digital Banners, Social Media, Web Video, Email Promotion and Electronic Brochure, Apps, E-Book, Corporate, Retail and Promotional Site, then worldwide territory is granted ;
        (f) Additional Notes: None ;
    (2) The Licensee must only use the Image as expressly permitted by this Agreement.
    (3) Notwithstanding any other provision of this Agreement, the Licensee must not use the Image for any pornographic use, in a manner which is obscene or immoral, for any unlawful purpose, to defame any person, or to violate any person's right to privacy or publicity.

4. Third Party Rights

    (1) The Licensor agrees, represents and warrants that:
        (a) the Image does not infringe any reputation or intellectual property right of a third party;
        (b) all relevant authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Image;
        (c) if the Image incorporates the intellectual property rights of a third party, then the Licensor has obtained a licence from the relevant third party to incorporate the intellectual property rights of that third party in the Image ("Third Party Licence");
        (d) the Third Party Licence permits the Licensee with a worldwide, royalty free, perpetual right to display, distribute and reproduce (in any form) the intellectual property rights of the third party contained in the Image.
    (2) In the event that the Third Party Licence is capable of assignment to the Licensee, then the Licensee hereby assigns and transfers to the Licensor, and the Licensee hereby agrees to take an assignment and transfer of, the Third Party Licence and all of the rights and obligations of the Licensor under the Third Party Licence.

5. Indemnity

The Licensor must indemnify and keep indemnified the Licensee from and against all loss, cost, expense (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by the Licensee arising from any claim, demand, suit, action or proceeding by any person against the Licensee where such loss or liability arose out of an infringement, or alleged infringement, of the intellectual property rights of any person, which occurred by reason of the licence of the Image by the Licensor.
6. Liability of ImageBrief and its Third party Providers

Each of the Licensor and the Licensee acknowledge and agree that:

    (a) ImageBrief and its third party providers are not parties to this Agreement; and
    (b) each of ImageBrief and its third party providers shall each not be liable or responsible for any breach of this Agreement by any one or more of the Licensee and the Licensor.

7. Representations and Warranties

    (1) The Image is provided as is, and to the fullest extent permitted under the applicable law, the Licensor hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory.
    (2) The Licensee acknowledges and confirms that the Licensor does not make any warranty or representation that the Image will satisfy the requirements of the Licensee.

8. Termination

Notwithstanding any other provisions of this Agreement, the Licensor has the right to immediately terminate this Agreement and the licence granted hereunder if the Licensee has breached any of its obligations under this Agreement.
9. Assignment

This Agreement is personal to each of the License and the Licensor, and may not be assigned without the prior written consent of the other party.
10. Further Assurances

Each of the parties will upon request by any other party hereto at any time and from time to time, execute, sign and deliver all documents and do all things necessary or appropriate to evidence or carry out the intent and purposes of these Terms.
11. Entire Agreement

These Terms constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understanding, whether verbal or in writing.
12. Notices

A notice or other communication given under this deed including, but not limited to, a request, demand, consent or approval, to or by a party to this deed:

    (a) must be in legible writing and in English;
    (b) must be addressed to the addressee at the postal address or email address set out below or to any other postal address or email address a party notifies to the others in writing:
        (i) if to the Licensor:
        Postal Address: [Licensor Address]
        Email Address: [Licensor Email]
        (ii) if to the Licensee:
        Postal Address: [Licensee Address]
        Email Address: [Licensee Email]
    (c) without limiting any other means by which a party may be able to prove that a notice has been received by another party, a notice is deemed to be received:
        (i) if sent by hand, when delivered to the addressee;
        (ii) if by post, 3 Business Days from and including the date of postage; or
        (iii) if by email transmission, on receipt by the sender of an email acknowledgment or read receipt generated by the email client to which the email was sent, but if the delivery or receipt is on a day which is not a Business Day or is after 5.00 pm (addressee's time) it is deemed to be received at 9.00 am on the following Business Day.

13. Severability

Any provision of this Agreement will be read down to the extent necessary to prevent that provision or this Agreement being invalid, voidable or unenforceable in the circumstances.
14. Jurisdiction and Applicable Law

    (1) This deed is governed by the law in force in New South Wales.
    (2) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum or to claim that those courts do not have jurisdiction.

« Reply #3 on: July 04, 2012, 19:52 »
seriously? 19100$ for a single picture? ;D

from 210 entries


« Reply #5 on: July 05, 2012, 12:12 »

Sue are you there? :D

Ooooh, too late, that one's closed.  ::)
Could be interesting in general.

On the downside, you have to get alerts and updates via Twitter.  >:(
« Last Edit: July 05, 2012, 12:58 by ShadySue »

« Reply #6 on: July 07, 2012, 09:45 »

Sue are you there? :D

Ooooh, too late, that one's closed.  ::)
Could be interesting in general.

On the downside, you have to get alerts and updates via Twitter.  >:(

not to mention that its quite difficult to win a sale, thats from over 200 entries and it can take over 3 or 4 months

sorry for the late reply (traveling to Ireland and not much time)

« Reply #7 on: July 07, 2012, 15:00 »
Have you ever heard of Working on Spec? This is just a dressed up form of that.

« Reply #8 on: July 07, 2012, 15:55 »
Have you ever heard of Working on Spec? This is just a dressed up form of that.

More like worked on spec. Interesting concept except I didn't see a way to search for keywords. Maybe I missed it but it looks like you have to read all the requests to find one of interest that matches your existing portfolio.

« Reply #9 on: July 07, 2012, 16:24 »
I signed up there a while ago - haven't entered any competitions though.

You can get image briefs sent by email.

There are a lot of stock relevant briefs though.. so you could treat it a bit like the istock request forum.  Do a shoot or two to fill a brief and if your images aren't selected you can sell them as stock.


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