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Author Topic: Another BAD Deal from Getty / Istock  (Read 25915 times)

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Ron

« Reply #75 on: July 29, 2013, 14:52 »
+3
I didnt, you need to stop accusing me dude. I only vote you down when you are being a troll and when I disagree with you.


« Reply #76 on: July 29, 2013, 14:52 »
-3
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« Last Edit: May 12, 2014, 11:40 by Audi 5000 »

Ron

« Reply #77 on: July 29, 2013, 14:55 »
+1
I didnt, you need to stop accusing me dude. I only vote you down when you are being a troll and when I disagree with you.
Lol, there's only one.

One troll? Yes, you. I can add another vote down to prove it wasnt me.

« Reply #78 on: July 29, 2013, 15:04 »
-2
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« Last Edit: May 12, 2014, 11:40 by Audi 5000 »

ShadySue

  • There is a crack in everything
« Reply #79 on: July 29, 2013, 15:40 »
0
Maybe an answer?
From MichaelJay using Google translate:
"For each image used was / is purchased an Extended License for Electronic templates. Since this deal by 1 & 1 is a very large customer of ours, we have of course given them a greater discount. Nevertheless, every photographer should get more money than it would correspond to approximately 30 individual sales for Webgren. Since the selection is quite large in images, the images should not show up on many more websites. As a photographer and a member of this before I find a good deal."
That was a post from 2010, and perhaps that is still the arrangement; but I think the new agreement which we had to agree to to make our files free for iS promotions came after that. I'm pretty sure it was after the RCs which was Sept 2010; Michael's post was a month before that.

Of course, it may be that Michael's information is still the case, in which case, probably fair enough.

NB, my CR ticket is about the 'unlimited use' phrasing. It's true that you have to agree to the terms, but it's a long scroll of dense legalese - who is going to read it? It says on the ad that you get unlimited use - why would a normal person, especially in the UK where we are very strict about truth in advertising, imagine that the T&C would say anything else?

Last week I was signing up to or for something, and I had to agree to the T&C (maybe it was wordpress, maybe something else) and down the left hand side there was dense legalese and on the right hand side there was a Plain English version which they said was legally valid, meaning the dense legalese couldn't be manipulated to contradict the Plain English version.

Honestly, I was banging on about Plain English versions of the ASAs and licence agreements almost as soon as I started iStock and got no backup. There are loads of contributors and buyers whose first language isn't any of the iS languages; and even for those who have more-or-less English as a mother tongue, Canadian legalese is not our normal vernacular.
« Last Edit: July 29, 2013, 16:10 by ShadySue »

ShadySue

  • There is a crack in everything
« Reply #80 on: July 29, 2013, 15:48 »
+2
OK, the announcement of the renoval of our choice whether to opt in or out of the free images for promotion scheme was made on August 29th 2011, so over a year after Michael's post referenced above.
http://www.istockphoto.com/forum_messages.php?threadid=333754&messageid=6468072
On the page linked to from 'overview', it says, inter alia:
"Promotional Use
You will no longer be able to opt-out of the Promotional Use provision of the ASAs, which allows us to use our contributors content for marketing and promotional purposes without compensation. We use your images, video, flash, audio and illustrations to promote the site, bring in traffic, drive people to portfolios, and ultimately sell more content. Wherever possible, iStock will provide attribution for all files used. We want to be able to showcase the best of iStockphoto, including your files."

http://www.istockphoto.com/article_view.php?ID=1165

The current situation is anyone's guess.

« Reply #81 on: July 29, 2013, 16:24 »
0
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« Last Edit: May 12, 2014, 11:40 by Audi 5000 »

ShadySue

  • There is a crack in everything
« Reply #82 on: July 29, 2013, 16:34 »
+1
Of course, it may be that Michael's information is still the case, in which case, probably fair enough.
He's still around, maybe someone who knows him can ask him about it.
He posts here, but he no longer works for iStock.

« Reply #83 on: July 29, 2013, 18:34 »
0
Well, if it is still that deal, then indeed an extended license was bought that should be in a range  that is similar to 30 websize sales. And he also presumes because it is a large group of images the individual files won't be "overused".

This would be a regular deal.

I thought it is something new and unpaid for like with Microsoft.

But why are the names lf the artists missing?

ShadySue

  • There is a crack in everything
« Reply #84 on: July 29, 2013, 18:40 »
0
Well, if it is still that deal, then indeed an extended license was bought that should be in a range  that is similar to 30 websize sales. And he also presumes because it is a large group of images the individual files won't be "overused".

This would be a regular deal.

I thought it is something new and unpaid for like with Microsoft.

But why are the names lf the artists missing?
On the 90+ images on the UK site, the artists names are there, so you must be talking about the 25,000 on the German site?

ShadySue

  • There is a crack in everything
« Reply #85 on: July 30, 2013, 15:18 »
+2
Not impressed, as usual, by Lobo's sarcastic tone and his totally inadequate answer:
"...a BD deal from 2010. The UNLIMITED USE ... is actually LIMITED to the fixed template sites."

What is BD?
Why does he say 'from 2010' though it is on their website right now?
How is anyone supposed to know that 'unlimited use' means "limited to the fixed template sites".
The ASA doesn't play, "guess what the advertiser was thinking".

Ow, pity you didn't ask about what contributors get paid for the free downloads. It would be good to get that cleared up.
« Last Edit: July 30, 2013, 16:43 by ShadySue »

Ron

« Reply #86 on: July 30, 2013, 15:43 »
0
http://www.istockphoto.com/forum_messages.php?threadid=355342&messageid=6921332

Quote
Posted By SemmickPhoto:
The prices of the images in the image library start at $1 for unlimited use


Quote
Posted By Lodo:
Hrmm, it's always interesting when a contributor with 32 files and 10 downloads is doing the best to try and stoke outrage over a BD deal from 2010.

The UNLIMITED USE you continue to point out is actually LIMITED to the fixed template sites.

ShadySue

  • There is a crack in everything
« Reply #87 on: July 30, 2013, 16:52 »
0
I've lost the page where I could look through the 98 pics available for choosing on the UK site. However, I did notice one of those available was from ooyoo, whose work I generally admire a lot. I just checked and ooyoo is diamond, not Black Diamond, so BD must mean something different.

http://www.istockphoto.com/imageoffer.php?lpid=iw2010&page=1
fotosipsak is also a diamond.
« Last Edit: July 30, 2013, 16:55 by ShadySue »

ShadySue

  • There is a crack in everything
« Reply #88 on: July 30, 2013, 18:00 »
0
OK, so now it's being posited that BD means business development.
Fair enough, but it's not a well enough used phrase to warrant an abbreviation that everyone might understand.

This from the same person who replied to this comment (on the exclusive forum [no link] in a thread about the long-promised mirroring of E+ content being 'unreliable):
"Once again, some contributors continue to benefit from having most, or all of their files moved to Getty, while the rest of us wait and wait and wait..."
with this comment (presumably disingenuous and not sheer stupidity):
"What are you talking about?"
When the context of this and a previous very long thread on the same topic was about how some people have had most of their eligible content transferred, while others have almost none.

« Reply #89 on: July 30, 2013, 21:34 »
0
Free usage for users should require an extended license for electronic resale (templates, etc.).  But of course, they likely offered them a great deal for a "small" collection for the "publicity".  To draw people in with things like this (which do not mention any free images):
http://www.1and1.com/details-istockphoto
http://www.istockphoto.com/1and1
http://faq.1and1.co.uk/website_building/1.html


i think last month i've seen the same with GoDaddy and their SiteBuilder.

i guess they fit the bill as "bulk deals" so agencies give them complete freedom about usage.

Ron

« Reply #90 on: July 31, 2013, 02:32 »
0
Free usage for users should require an extended license for electronic resale (templates, etc.).  But of course, they likely offered them a great deal for a "small" collection for the "publicity".  To draw people in with things like this (which do not mention any free images):
http://www.1and1.com/details-istockphoto
http://www.istockphoto.com/1and1
http://faq.1and1.co.uk/website_building/1.html


i think last month i've seen the same with GoDaddy and their SiteBuilder.

i guess they fit the bill as "bulk deals" so agencies give them complete freedom about usage.
According to the Lobo its limited use and not complete freedom

ShadySue

  • There is a crack in everything
« Reply #91 on: July 31, 2013, 03:28 »
0
According to the Lobo its limited use and not complete freedom
That may be what Lobo thinks, but it's not what it says on the page, so not 'honest' or 'truthful', as there are no conditions attached to the 'unlimited', so it's a form of bait-and-switch.

Ron

« Reply #92 on: July 31, 2013, 04:20 »
0
Clearly nobody is interested in the details of the deal, they accept the Lobo's answer.

Nobody asked the question in the IS forum, I did, and there you have it; Its not a bad deal, its all good. Case closed.

And if the case is not closed, I suggest people start asking questions in the thread I started on the IS forum.

« Reply #93 on: July 31, 2013, 09:17 »
0
'
« Last Edit: May 12, 2014, 11:40 by Audi 5000 »

Ron

« Reply #94 on: July 31, 2013, 09:20 »
+2
According to the Lobo its limited use and not complete freedom
That may be what Lobo thinks, but it's not what it says on the page, so not 'honest' or 'truthful', as there are no conditions attached to the 'unlimited', so it's a form of bait-and-switch.
It only says unlimited on the 1and1 website, the same promotion from Istock doesn't say that at all and each image that gets downloaded can only be done after agreeing to the terms.  It looks to me like it's 1and1 promoting something that it really can't and the fault is with their promotion.
Absolutely, but why doesnt the Lobo give me that answer instead of being a dickhole?

ShadySue

  • There is a crack in everything
« Reply #95 on: July 31, 2013, 09:28 »
0
According to the Lobo its limited use and not complete freedom

That may be what Lobo thinks, but it's not what it says on the page, so not 'honest' or 'truthful', as there are no conditions attached to the 'unlimited', so it's a form of bait-and-switch.

It only says unlimited on the 1and1 website, the same promotion from Istock doesn't say that at all and each image that gets downloaded can only be done after agreeing to the terms.  It looks to me like it's 1and1 promoting something that it really can't and the fault is with their promotion.

According to Lobo, that deal has been going on since 2010. You'd think iStock might have asked them to change their wording by now. We know that iStock can't keep to any sort of given timescale [1], but three years should be plenty time to get their partner to tell the truth. If they actually care.

And as for Lobo's 'word':
LLMillerMedia:
"Lobo, as far as updates on new features are concerned, (as mentioned above) when does the next newsletter come out?"

Lobo:
"I should have something together for before the end of the July. That said, some features will be launched before hand. ..."

Krakozawr (yesterday):
"The end of the July is tomorrow, right? :)"

Lobo:
"It's looking more likely to be early August."

http://www.istockphoto.com/forum_messages.php?threadid=354349&messageid=6921780

Tous les jours, il dit la mme chose; and most of it, you'd better not believe.

« Reply #96 on: July 31, 2013, 09:29 »
0
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« Last Edit: May 12, 2014, 11:40 by Audi 5000 »

« Reply #97 on: July 31, 2013, 09:30 »
-1
'
« Last Edit: May 12, 2014, 11:39 by Audi 5000 »

ShadySue

  • There is a crack in everything
« Reply #98 on: July 31, 2013, 09:31 »
0
Amnd I haven't heard from CR (yet) regarding the 'unlimited' wording.

Ron

« Reply #99 on: July 31, 2013, 09:31 »
+1
the guy is a complete tool.

Quote
THE LOBO: Oh please. If you actually spent more time uploading content and less time finding a reason to point out how I was hurting feelings you might have more than 37 files uploaded since May 2012. If you are here to just opine on the state of the industry without actually participating in it you can expect I will provide feedback reflective of your investment.

We spend a lot of time responding to the folks who only come in here to troll. It's part of the risks in having public forums, but it's not exactly a new environment.


 

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