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Author Topic: Shutterstock is unsafe.  (Read 18760 times)

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« on: April 18, 2017, 14:29 »
+6
Hi all Microstock members.

Today i want to tell you a story about Shutterstock. If you think they support you and guard from problems.. No.

Few years ago we hired 4 African models and made few sessions with them. We payed them. They are circus dancers. And their boss from circus payed them additional money. In total every model got about 200-300USD for this work. Also we sent them all images we retouched. We gifted them almost all accessories, jewellery, clothes and underwear that was bought by us for these shootings. We spent about 3000-4000USD for these shootings.

Then we started to upload retouched images.

After some time one of the models started to write to Shutterstock that she didn't want to be a model on these images. Shutterstock wrote to me this"

Dear Milles,

We have received a complaint from a person claiming to be the model in the following images:

https://www.shutterstock.com/search?models=15679480&models=15683314&context_photo=250750666

Please provide us with the following information about this image:

1) when and where the images were taken;
2) who took the image;
3) the name of the individuals in the images; and
4) the circumstances under which the images were taken (e.g., photo shoot, etc.)

Please also send us a copy of the model releases on file for the images. We request that you respond to us within 3 days, or your Shutterstock account may be suspended. Thank you for your cooperation.

Regards,
Lauren

What i answered:

i made detailed description of where we found these people, how much we payed them, dates... everything. All information they asked and even more. Images from backstages where all these models are smiling together with us, photographing and so on.

in addition i provided this:

In addition to previous mail with all info i'm sending you extra information.

Here you are facebook links to people we worked with:

[model info removed]

you can ask them about our cooperation. I also know that they got payed from him additionally too for working with us. So every girl got money for photos we took. I don't see nothing criminal.

But i see that your contributors are totally unsafe and you can do what you want if someone from nowhere writes to you.

They did not answered anything.

But today i received this:

Dear Kedrinski Kirill,

Please know that the models continue to complain about these images. We we are obtaining further information but it may be in your interest to remove the content to avoid any issues with licensing this content.

Regards,
Lauren

So i can see, that Shutterstock don't care about its authors. If you have all docs ok, if you are working by law and everything is clear you can still be treated badly.

In fact every your model can just write to Shutterstock and you will be *removed coarse language* off. They will say that they will close your account even if you are right. even if you have all documents. They will be on the side of blackmailer who just want to earn more from nothing.

Who is this woman who writes to them? She is a fu**ing blackmailer.  She strikes her boss in circus that she will not work with him if he will not hire her husband. She wants more and more money and she will never stop. And Shutterstock supports it.

What everyone should learn from this?

1) [questionably racist comments removed]

2) You should never trust Shutterstock and maybe other agencies too. You should be very attentive. Because they care only about themselves. They don't care about authors. They think that +- one author never change the situation. And theyd don't care if you are full time photographer with team that wants their salaries. The will shutdown your account if someone will ask.

So keep in mind that working with Shutterstock is unpredictable and unsafe. Once you will make 30 000 beautiful images for them they will switch you off and even never regret.

That is one of the reasons i stopped submit to them and concentrated on Stocksy. At Stocksy you always in dialog with editors, staff, owners... But Shutterstock is just a money machine. If today a roulette have chosen you.. I'm sorry.

I wish you all the best and i hope you will never face such problems.

Good Luck!


admin edit: post edited for content (and noted)
« Last Edit: April 18, 2017, 14:52 by leaf »


angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #1 on: April 18, 2017, 15:42 »
+6
I'm sorry this happened to you.

This is exactly why I just photograph myself and family. I read a lot of these stories about models and it is awful.

You should get your money back if she signed the contract but that probably won't happen ...

Stick with Stocksy if you are "in". That place seems very considerate to authors.

« Reply #2 on: April 18, 2017, 16:25 »
+3
Yeah. It seems to me that opposite to Shutterstock Stocksy are people. I really wish to all good authors to move to such agencies that treats their authors well.

It is a very awful that you work hard and then stuck in crap that easy.

ShadySue

  • There is a crack in everything
« Reply #3 on: April 18, 2017, 16:37 »
+4
Yeah. It seems to me that opposite to Shutterstock Stocksy are people. I really wish to all good authors to move to such agencies that treats their authors well.

What does Stocksy do when models complain in that way?

Sorry this happened to you and so glad I don't use models.

« Reply #4 on: April 18, 2017, 16:43 »
0
What a nightmare for you! This makes me glad that I've only used family.

« Reply #5 on: April 18, 2017, 17:30 »
+18
If you have a signed model release, how is this even an issue? They signed the release, they put in writing that you can use the photos for whatever you want (unless damaging their character). I'm surprised sending in the model release form didn't get them off your back.

« Reply #6 on: April 18, 2017, 17:59 »
+9
Did you have releases?  Did they remove the images in question?

Justanotherphotographer

« Reply #7 on: April 19, 2017, 00:08 »
+10
Sorry I am missing what SS is being accused of here. They received a complaint and checked you had all your ducks in a row. They seem to acknowledge you are in the right but just let you know the model is still whining about it and it could be worth you deleting the images to get the model off your back. What else could ss do in this situation?

« Reply #8 on: April 19, 2017, 00:52 »
+3
The real face of SS. This is business guys.
You need a lawyer, NOW.

SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #9 on: April 19, 2017, 01:13 »
+7
I wouldn't be surprised if most agencies would act the same way if it came down to it, not just Shutterstock. I'm not saying it's right, and if legal action was taken then it's unlikely they'd win... but losing out on the $1/$50/$100 the image generates them a year is a small price to pay compared to the cost of losing a court case. No matter how unlikely that may be. 
« Last Edit: April 19, 2017, 01:50 by SpaceStockFootage »

MxR

« Reply #10 on: April 19, 2017, 01:34 »
0
A model release of agency for example in Spain is nothing. Here it is illegal to assign any image rights in perpetuity. What can be done is to sign a contract of compensation to the photographer for his work in case he gives up the model that his image is used.
You're in Stocksy, you've won.

« Reply #11 on: April 19, 2017, 01:35 »
+1
I wouldn't be surprised if most agencies would act the same way if it came down to it, not just Shutterstock. I'm not saying it's right, and if legal action was taken then it's unlikely they'd win... but losing out on the $1/$50/$100 the image generates them a year is a small price to pay for the cost of losing a court case. No matter how unlikely that may be.
I think you a right Agencies are very risk averse. Sad reality

Justanotherphotographer

« Reply #12 on: April 19, 2017, 01:57 »
+12
It doesn't sound like they shut his account or even took down the images. What are we talking about here?

« Reply #13 on: April 19, 2017, 02:08 »
+2
Stocksy is desperately trying to attract new photographers after has rejected many of them. When it started I submitted them some good images and they rejected my application. I know, you could say the images were not good. Yes, they were, I know what I am talking. Stocksy is just another arrogance similar to iStock.

The thread is biased, it is advertising because it does not talk only on SS but it presents Stocksy in a good light. Stocsky is as bad as any other agency.

The thread should be removed.

derek

    This user is banned.
« Reply #14 on: April 19, 2017, 02:24 »
+2
I'm afraid MillesTeam is right. I have heard so many similar stories its incredible! costly stories. Further more SS keeps contacting the RM-RF agencies telling them NOT to sell content that they represent in spite of being a micro agency that don't even want exclusivity according to Jon. Strange!

I suppose in such a cut throat business as micro-stock where every penny seems to count things like this is to be expected but yes like the Op says expect no help or protection from any agency.

StockPhotosArt.com

« Reply #15 on: April 19, 2017, 02:33 »
+7
Sorry I am missing what SS is being accused of here. They received a complaint and checked you had all your ducks in a row. They seem to acknowledge you are in the right but just let you know the model is still whining about it and it could be worth you deleting the images to get the model off your back. What else could ss do in this situation?

Exactly.

From what I understood SS acted correctly following a complaint. They just asked the photographer for the needed documents, kept the images and account online after they confirmed everything was legal, and simply advised the photographer to delete the images so he doesn't get sued despite he's in his right.

Unfortunately people try to sue even if they do not have reason just to get some money, in the hope that the right part will not want to lose time and money in courts despite knowing they will win. And SS just advise about it.

Just direct your anger towards the model and sue her for harassment if you want to.

derek

    This user is banned.
« Reply #16 on: April 19, 2017, 03:20 »
+2
Like Sean says! if the photographer has a signed, sealed and delivered Model-release there is just a big fat nothing the model can do about it!


« Reply #17 on: April 19, 2017, 03:25 »
+5
Like Sean says! if the photographer has a signed, sealed and delivered Model-release there is just a big fat nothing the model can do about it!
Although the risk is they will take it to court and claim its not their signature they were misled etc etc. It can sometimes be costly even if you are in the right. It may not be ethically right but I suspect the best business decision is to delete the images and move on.

derek

    This user is banned.
« Reply #18 on: April 19, 2017, 04:34 »
0
Nah thats far fetched etc there are experts in handwriting and they are supplied to courts often by the police dept. It is extremely difficult to sneeze away a genuine signature and these guys are very, very good in reading signatures.

However this said is it worth it? its micro-stock etc resulting in a few dollars of revenue. The big question is if its worth it? personally I wouldnt even attempt doing it.

« Reply #19 on: April 19, 2017, 04:48 »
+1
Nah thats far fetched etc there are experts in handwriting and they are supplied to courts often by the police dept. It is extremely difficult to sneeze away a genuine signature and these guys are very, very good in reading signatures.

However this said is it worth it? its micro-stock etc resulting in a few dollars of revenue. The big question is if its worth it? personally I wouldn't even attempt doing it.
Think we are basically saying the same....yes they would probably/almost certainly  lose but by then  SS will still have spent a lot of $$ taking it that far.

ShadySue

  • There is a crack in everything
« Reply #20 on: April 19, 2017, 05:10 »
+1
Like Sean says! if the photographer has a signed, sealed and delivered Model-release there is just a big fat nothing the model can do about it!
That's absolutely not always true (depending on location/legislation), though it seems to be the case in the US, at least in general microstockers' beliefs that I've read.
« Last Edit: April 19, 2017, 05:46 by ShadySue »

« Reply #21 on: April 19, 2017, 08:35 »
+9
spending up to 4000 USD in order to sell the result to a Microstock agency?

how does this pay?

StockPhotosArt.com

« Reply #22 on: April 19, 2017, 08:36 »
+2
Like Sean says! if the photographer has a signed, sealed and delivered Model-release there is just a big fat nothing the model can do about it!
Although the risk is they will take it to court and claim its not their signature they were misled etc etc. It can sometimes be costly even if you are in the right. It may not be ethically right but I suspect the best business decision is to delete the images and move on.

It's not a bad idea to record on film not only the signature of the MR but eventually a short explanation to the models about the character of the work. Also filming when handing them a copy of a buyers contract (or any other type of documentation) as an example of what type of image use will be allowed.

« Reply #23 on: April 19, 2017, 08:50 »
+6
The way I read it, SS is just handling this correctly. They haven't closed your account yet, they aren't choosing the model's side, they're simply checking whether the contracts/releases are in order. It's still under investigation so it'd be wise to wait the outcome.

Now if they did close your account without investigation, you'd have every right to be angry with them. But don't blame SS, they're simply following procedures. Direct your anger towards the model who claims to be infringed.

jonbull

    This user is banned.
« Reply #24 on: April 19, 2017, 09:10 »
0
4000 dollar  for this kind of images? are you serious?

edit:ah ok i see it's more than one shooting and all expenses, i thought 4000 dollar for this model for one shooting. all in all even more
« Last Edit: April 19, 2017, 09:13 by jonbull »


 

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