MicrostockGroup

Hi everyone.  I need some advice.  I received an email sent through my website contact form asking me if they could buy 3 of my images directly without registering through iStock.  From the email it sounds as though they are trying to avoid buying a bunch of credits they won't use, I guess.  My question is, should I do this?  What are the risks that I might not be thinking of?  He doesn't really state what sizes he'll need or the specifics of what he'll be using them for so that would have to be worked out.  But should I even bother?  My gut tells me I probably shouldn't.  I'll paste the email below to see what you guys think:



I would love to hear your thoughts on this.  Thanks in advance.
Pixelbrat

You can never let your images go without protecting them.  Part of this means hiring a lawyer to draft an agreement of terms and that isn't very practical.  The easiest thing is to have them protected by the end user agreement with an agency.  Are these images available on another agency that isn't as expensive or doesn't require such a large purchase?  It seems to me maybe StockXpert offers small purchases.  On Fotolia, if you buy 10 credits you can order any number after that 16, 12 - not a package of 10, 20, 50 etc that the others require.

I wish these agencies would allow single photo purchases.  I expect they would make more in the end as so many non-pros balk at buying more credits than they need for the little project they are making.

He could not buy some cheap credit? In my point of view you are not going to be rich by them...I will never do this!

His enquiry is a scam.  You'll never get paid.  Forget it.

If you received the enquiry in a site mail at iStock, please report the person to Support so they can shut down his account.

The person may want to purchase the image privately because his/her intended use lies outside of the IS licensing agreement - using it as part of a logo comes immediately to mind.

I've done this a handful of times for $50 to $100 a pop without any problems at all. First I check out the buyer's credentials and intended use, then spell out the rules by referencing the IS licensing agreement. I email the image (at the approprate resolution) after I've received the funds via PayPal.

I worked as a freelance pro before coming to microstock, and regularly did this sort of thing. I don't understand why everyone is so skittish about it - would you be so hesitant if they approached you after finding your image on a non-commercial site (like flickr, photo.net, fredmiranda, ...)? Probably not.

Agreed,   I have also sold my images in this way and not (gasp!) only through microstock.  lol There is nothing to be alarmed or worried about as long as you get your $$ up front and the buyer understands that this is not an exclusive sellout.
Good Luck!

Say Gregor909 the Istock contract is non-exclusive that means we can sell our images anyother way we can.  Istock has to know that this is going on.  Personally I feel that part of the mircostock service to me, as a photographer, is advertising my photography as well as selling my images.  I have made quite a few "outside" sales because my images are on microstock sites.

Read the bloke's enquiry again: "since I'm not dealing with photos but need some really good one for my starting enterprise in Hungary..."

He's starting an enterprise in an Eastern European country.  He's short of cash and wants you to supply the pics free.

Pretty obvious really.

Please report him to iStock support - it simply isn't right for him to send a site mail trying to avoid payment through the iStock system.

Actually, this wasn't sent through iStock site mail.  He sent it through my contact form on my website.

After reading everyone's opinions, which have been very interesting in how widely they have varied, I think I'm going to just leave it alone.  Whether his intentions are legit or not I just don't have the legal knowledge to try to spell out any licensing terms.  Plus, I just have a bad feeling about it.  I'd much rather leave this sort of thing to the experts, which is why I sell through these sites to begin with.  Thanks so much to everyone for your input.  It has really shed a lot of light on this situation that I would not have thought of on my own.

Hi Becky, I will do what I can to ease Pixelbrats concerns but the proper advice has already been given.

Pixelbrat, there is no reason to not do a deal with this person if through talking with them you determine that the usage they intend is legitimate and acceptable to you. Simply discuss the terms of use with them, agree on those terms and the amount of payment, send them an invoice that references the license you will also send for them (as a signed and locked PDF). Note on the invoice and the license that the license is only valid if payment is received. Once all is agreed have them pay you via PayPal or any other means you are comfortable with but do not give them the banking info to do a bank wire transfer unless you have an account set up at your bank that you keep no money in and that you use specifically for receiving wire transfers for customers out of the country you have never done business with.

Once you receive payment deliver the images If you need a license to send them you can email me through my website site at realdealphoto.com telling me what the terms are and I will be happy to send you one you can use as a reference point to make your own.

Private image sales can be a good source of additional income, your agreements with the stock agencies are non exclusive so there is no ethical issue here . You do however have to approach each private situation intelligently and with a bit of caution, as there are scams out there but if you do the deal the way I have described it then you have no more to worry about from the standpoint of fraud and or misuse then you would have if the person downloaded the images from Istock.

Bobby is great at all this legal-speak and the writing of contracts  that are so easy to get confused by, I use him on a regular basis to make myself sound more professional... lol. ;P

It's great to hear good stories. The only queries I get though are to give a photo away for free.

Well put, I also think that the IS agreement isn't worth the paper it's written on, there have been many IS users even exclusives who have had images used which fall outside the terms of the agreement and IS hasn't done a thing about it, every time a question is asked about this on the IS forum it's get locked ASAP, it's the same deal with other MS sites, I believe that due to the cost of MS images it's not worth the effort for MS companies to get lawyers involved for bugger all return.