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Author Topic: Changes to the TOS at Shutterstock  (Read 46228 times)

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« on: September 17, 2013, 10:32 »
0
Read a summary of the changes here;

http://www.shutterstock.com/buzz/terms-of-service-updates

Here's the details;

At Shutterstock, one of our most important goals is to support your success by delivering healthy and reliable earnings to you. We do that by growing and investing in customer relationships. Over the years, that investment has led us to deliver record milestones of 750,000 customers, 300 million paid downloads, $150 million in contributor earnings, and royalties of up to $120 or more per download.

We also have goals to minimize changes and to be open and transparent when changes do have to be made. With the latter goal in mind, wed like to explain a few modifications to our Terms of Service. A summary of the most significant changes is below; please consult the Terms of Service for the full details.


1. If you decide to remove more than 100 items or 10% of  your content, whichever is greater, Shutterstock has up to 90 days to accommodate the request. With over 29 million assets, were seeing record levels of content growth and contributor activity, but also record levels of customer activity. As we grow, there are new technical, workflow and customer realities that we need to accommodate. Ninety days gives us some time to make sure images come out of search results gracefully, as well as handle other administrative and technical tasks. In practice, we expect this to go faster.

2. Customers that have shown a commitment to licensing an image can convert their comp licenses into full licenses. Some of our most trusted large accounts request unwatermarked preview images (also called comp images) in exchange for paying higher rates and as a result of that, royalties when they purchase a license. If you choose to remove your images, but a customer has already signaled the intention to license an image, they can complete the transaction and well make sure that you get paid. This avoids any last-minute changes for customers when layouts have already been approved or a project is close to completion.

3. We can market your content via social media. We already market your content to customers through many different channels, and social media is one of the most powerful ways to drive customers to your work. This update formalizes our ability to use social media channels for marketing with the intention of growing sales for you.

4. Images used in commercial contexts related to tobacco use are now considered a type of sensitive use. Unlike many of our competitors who dont give you a choice, Shutterstock puts you in control of whether your images can be licensed for sensitive use. In reality, sensitive uses are rare and a very tiny percentage of image uses, but opting-in gives you access to higher royalties and the highest number of sales opportunities. This minor adjustment brings our licenses in line with those of competitors and industry standards.

In addition, if your image or your description of your image already depicts a sensitive subject, you acknowledge that its appropriate for sensitive use (for example, a model-released image clearly depicting drug abuse being used for a poster campaign against drugs).

For a full explanation of sensitive use, see here.

5. If you are paid by paper check, $500 is the minimum payout threshold. We want to spend the majority of our time driving sales and royalties for you. In a digital world, relatively few contributors get paid by paper checks. Were raising the payout threshold for paper checks to $500 to increase efficiency and decrease the amount of time we spend on paperwork.

6. Shutterstock has the option to control litigation and costs in the event of a legal complaint. To indemnify means to protect against damages. In this case, depending on which party has offered to protect the other from damages in a legal claim, theres mutual agreement to promptly let the other party know about the complaint. The protected party also agree to cooperate in defending against the complaint. This clause also contains specific language with regards to the obligations of each party, including financial obligations.

7. Confidentiality: We Protect And Respect Your Privacy. Please Respect Ours. As an artist at Shutterstock, youre in a position to acquire information that you would not otherwise receive outside of our platform. Your earnings information might sometimes contain data that can be used by our competitors to reverse-engineer our products and services. We work hard to both protect and respect your privacy; we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine.

These are highlights of the most important changes to our Terms of Service. Please consult the full document for additional details, and please let us know if you have any questions at [email protected].

Best Regards,

The Shutterstock Team
« Last Edit: September 17, 2013, 10:48 by gostwyck »


lisafx

« Reply #1 on: September 17, 2013, 10:54 »
+10
I read those.  All very reasonable IMO.  #1 and #2 seem to be a direct result of Yuri's departure leaving them and their customers in the lurch.  No wonder they want to avoid that sort of thing in the future. 

Also pleased about the second paragraph in #4 stating that if your photo depicts sensitive uses, it is automatically available for sensitive uses.   I have my images opted out of sensitive uses because it's too broad, but I do have some photos of people smoking, or experiencing illness and it would be silly if the opt out prevented them for being used for those purposes. 

All in all, a smart batch of changes. 

« Reply #2 on: September 17, 2013, 10:59 »
+1
I read those.  All very reasonable IMO.  #1 and #2 seem to be a direct result of Yuri's departure leaving them and their customers in the lurch.  No wonder they want to avoid that sort of thing in the future. 

Also pleased about the second paragraph in #4 stating that if your photo depicts sensitive uses, it is automatically available for sensitive uses.   I have my images opted out of sensitive uses because it's too broad, but I do have some photos of people smoking, or experiencing illness and it would be silly if the opt out prevented them for being used for those purposes. 

All in all, a smart batch of changes.

I'd agree __ especially about #1&2! There's nothing there that particularly concerns me.

« Reply #3 on: September 17, 2013, 10:59 »
+4
I'll admit to a shiver of discomfort when I saw that the TOS was changing.  But after reading the details I can't see any cause for concern.  Only minimal impact on me personally, and everything in there seems reasonable and fair.

Ron

« Reply #4 on: September 17, 2013, 11:01 »
+2
This is the only one that has me worried a bit

3. We can market your content via social media

Its too easy to steal off social media.

« Reply #5 on: September 17, 2013, 11:02 »
+4
I'd be curious to see what the reaction would be if iStock. changed their terms to add things like a 90 day lock in period (exclusives leaving and they want to stop the bleeding), using social media to market (more google drive deals), free (full sized?) comps (giving away our images), secrecy about earnings (the company is about to collapse), no opt out for sensitive use of some images (taking away our choices), etc....

To me those changes look bad for contributors. 

Ron

« Reply #6 on: September 17, 2013, 11:04 »
+4
I'd be curious to see what the reaction would be if iStock. changed their terms to add things like a 90 day lock in period (exclusives leaving and they want to stop the bleeding), using social media to market (more google drive deals), free (full sized?) comps (giving away our images), secrecy about earnings (the company is about to collapse), no opt out for sensitive use of some images (taking away our choices), etc....

To me those changes look bad for contributors.
You are so predictable

« Reply #7 on: September 17, 2013, 11:06 »
0
I'd be curious to see what the reaction would be if iStock. changed their terms to add things like a 90 day lock in period (exclusives leaving and they want to stop the bleeding), using social media to market (more google drive deals), free (full sized?) comps (giving away our images), secrecy about earnings (the company is about to collapse), no opt out for sensitive use of some images (taking away our choices), etc....

To me those changes look bad for contributors.
You are so predictable
I really don't like the lock in period.  I don't like giving away full sized non watermarked comps for free (are they full sized comps).  Who likes being told they can't talk about their earnings?  I don't get the sensitive use one (but I don't think we've seen that license yet) images that depicted a sensitive use before could be used in that context I thought.  I guess now they can be used for tobacco ads.

« Reply #8 on: September 17, 2013, 11:07 »
+11
"we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine."

That seems a bit restrictive.  Wonder what extent is too much.

90 days seems fine now, until someone decides they need out this minute!  I'm not a fan of restrictions like that.  If you wanted that thing at the store, you should have bought it when you saw it.

Ron

« Reply #9 on: September 17, 2013, 11:09 »
-1
I'd be curious to see what the reaction would be if iStock. changed their terms to add things like a 90 day lock in period (exclusives leaving and they want to stop the bleeding), using social media to market (more google drive deals), free (full sized?) comps (giving away our images), secrecy about earnings (the company is about to collapse), no opt out for sensitive use of some images (taking away our choices), etc....

To me those changes look bad for contributors.
You are so predictable

I really don't like the lock in period.  I don't like giving away full sized non watermarked comps for free (are they full sized comps).  Who likes being told they can't talk about their earnings?
There is no lock in period, it can take UP to 90 days to full fill your request. If someone comes along and says, please delete 5000 images, it can take UP to 90 days.

Comp images are normal in the industry and as far as  know low res and compressed images.

You can still talk about earnings just no specifics.

« Reply #10 on: September 17, 2013, 11:09 »
0
The 90 days lock in period combined with the fact that they can change the TOS at anytime means you've agreed to any future change at least for 90 days no matter how terrible that change is. 

Ron

« Reply #11 on: September 17, 2013, 11:11 »
+3
Every company on the internet can change their TOS whenever they want to. Shutterstock is no exception.

« Reply #12 on: September 17, 2013, 11:12 »
+1
Every company on the internet can change their TOS whenever they want to. Shutterstock is no exception.
Not every company says they can hold your images for 90 days after they make whatever change they make.

« Reply #13 on: September 17, 2013, 11:14 »
+3
The part that you cannot talk about your own earning does not seem to be fair.

I wish they allow the contributors to opt out of social media.

« Reply #14 on: September 17, 2013, 11:15 »
0
The part that you cannot talk about your own earning does not seem to be fair.
I think that's also a first in the industry isn't it?

« Reply #15 on: September 17, 2013, 11:17 »
0
"we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine."

That seems a bit restrictive.  Wonder what extent is too much.

Are they asking or telling?

« Reply #16 on: September 17, 2013, 11:20 »
+2
The part that you cannot talk about your own earning does not seem to be fair.

it seems to be a request rather than an order


« Reply #17 on: September 17, 2013, 11:21 »
+2
"we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine."

That seems a bit restrictive.  Wonder what extent is too much.


Are they asking or telling?

6. Confidentiality
By submitting any Content to Shutterstock, you acknowledge that you will acquire certain confidential information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). Confidential Information shall not be disclosed to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

http://submit.shutterstock.com/terms/

It's in the TOS so talking about your "royalty rates, royalty payments and earnings data" or other things (whatever they are) would be a violation and I guess could result in the termination of your account.
« Last Edit: September 17, 2013, 11:24 by tickstock »

« Reply #18 on: September 17, 2013, 11:33 »
0
"we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine."

That seems a bit restrictive.  Wonder what extent is too much.


Are they asking or telling?
It appears to be a contractual obligation that you don't talk about your earnings. I am surprised that your family members are not included in the exemption.

Other agencies, if I remember correctly, such as Fotolia or maybe DT, forbid contributors to talk about DLs and earnings in their own forums, but put no restrictions other than their own sites. IS has a monthly thread discussing DLs and earnings.

The new terms are nicely penned, but it does not change the harsh nature of the reality. By the way, I am a video contributor to SS.


6. Confidentiality
By submitting any Content to Shutterstock, you acknowledge that you will acquire certain confidential information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). Confidential Information shall not be disclosed to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

http://submit.shutterstock.com/terms/

It's in the TOS so talking about your "royalty rates, royalty payments and earnings data" or other things (whatever they are) would be a violation and I guess could result in the termination of your account.

« Reply #19 on: September 17, 2013, 11:43 »
+2
The part that you cannot talk about your own earning does not seem to be fair.

It's because SS are now a publically traded company and therefore have to comply with regulations.

Significant changes to your own earnings for example could be deemed 'insider information' so they don't want contributors blabbing about it all over the internet. It might lead to a situation in which some traders have information, that could affect the share price, that others do not.

« Reply #20 on: September 17, 2013, 11:43 »
+1
Good luck enforcing that. You'd need a full time staff just doing that.  ;D

Ron

« Reply #21 on: September 17, 2013, 11:44 »
0
Every company on the internet can change their TOS whenever they want to. Shutterstock is no exception.
Not every company says they can hold your images for 90 days after they make whatever change they make.
Fair point. Point taken.

« Reply #22 on: September 17, 2013, 11:44 »
0
Read a summary of the changes here;

http://www.shutterstock.com/buzz/terms-of-service-updates

Here's the details;

At Shutterstock, one of our most important goals is to support your success by delivering healthy and reliable earnings to you. We do that by growing and investing in customer relationships. Over the years, that investment has led us to deliver record milestones of 750,000 customers, 300 million paid downloads, $150 million in contributor earnings, and royalties of up to $120 or more per download.

We also have goals to minimize changes and to be open and transparent when changes do have to be made. With the latter goal in mind, wed like to explain a few modifications to our Terms of Service. A summary of the most significant changes is below; please consult the Terms of Service for the full details.


1. If you decide to remove more than 100 items or 10% of  your content, whichever is greater, Shutterstock has up to 90 days to accommodate the request. With over 29 million assets, were seeing record levels of content growth and contributor activity, but also record levels of customer activity. As we grow, there are new technical, workflow and customer realities that we need to accommodate. Ninety days gives us some time to make sure images come out of search results gracefully, as well as handle other administrative and technical tasks. In practice, we expect this to go faster.

3. We can market your content via social media. We already market your content to customers through many different channels, and social media is one of the most powerful ways to drive customers to your work. This update formalizes our ability to use social media channels for marketing with the intention of growing sales for you.


7. Confidentiality: We Protect And Respect Your Privacy. Please Respect Ours. As an artist at Shutterstock, youre in a position to acquire information that you would not otherwise receive outside of our platform. Your earnings information might sometimes contain data that can be used by our competitors to reverse-engineer our products and services.

We work hard to both protect and respect your privacy; we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine.

These are highlights of the most important changes to our Terms of Service. Please consult the full document for additional details, and please let us know if you have any questions at [email protected].

Best Regards,

The Shutterstock Team



1. Could be a response to Yuri leaving or it could be prompted by something yet to be reveled.

2. Is too broad, I would like to know how they plan on marketing our assets on social media, at what size and where.

3. I don't buy the reverse engineering blather, more likely they do not want analyst and contributors to see it.  And LOL I guess they forgot about the top 50 and newsletters which report the details of various contributor files that sell in high numbers. http://submit.shutterstock.com/top50.mhtml
« Last Edit: September 17, 2013, 12:07 by gbalex »

Ron

« Reply #23 on: September 17, 2013, 11:45 »
0
"we respectfully ask that you do the same and keep specific information about your earnings private. General characterizations are fine."

That seems a bit restrictive.  Wonder what extent is too much.


Are they asking or telling?
It appears to be a contractual obligation that you don't talk about your earnings. I am surprised that your family members are not included in the exemption.

Other agencies, if I remember correctly, such as Fotolia or maybe DT, forbid contributors to talk about DLs and earnings in their own forums, but put no restrictions other than their own sites. IS has a monthly thread discussing DLs and earnings.

The new terms are nicely penned, but it does not change the harsh nature of the reality. By the way, I am a video contributor to SS.


6. Confidentiality
By submitting any Content to Shutterstock, you acknowledge that you will acquire certain confidential information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). Confidential Information shall not be disclosed to any third party other than representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.

http://submit.shutterstock.com/terms/

It's in the TOS so talking about your "royalty rates, royalty payments and earnings data" or other things (whatever they are) would be a violation and I guess could result in the termination of your account.

That sounds a lot different then what Gostwyck posted. So we can no longer discuss our earnings, other than saying BME or 10% up from September, etc.

« Reply #24 on: September 17, 2013, 11:46 »
+2
Good luck enforcing that. You'd need a full time staff just doing that.  ;D

Hmmm. Must admit if I had friends or family who owned SSTK stock then I'd certainly be keeping them appraised of how I thought the business might be doing in relation to my own earnings. Who wouldn't?


 

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