Got pretty much the same response from DP.  Here's how I understood it.  DPs contention is that they are selling at Sub rates and paying us accordingly.  However the buyer/vendor (in this case Shotshop) is selling at rates fixed by them (much higher) as - 'it is up to our partners to set their prices (sic)' . 

So on the one hand we have a sub sale in a 'new market'  which we otherwise would not have (the gist of DP's contention).  But we are only getting a tiny fraction of the actual sale price - making this an abysmal deal for us.  They have the legal/ contractual right to do this, according to the quoted text in DP's response.  And finally, we can take it or lump it!  We can't opt out of individual partner programs - but we can opt out of all their partner programs if we wish to. 

The ball rests squarely in our court.

Welcome to microstock 2014!   

The plus side is that they are not (for me) a strong enough player for me to worry about pulling my portfolio from them. I don't make enough from their site with just a handful of sales each day. Looks like its a going to be a "fool me once" instance for me, plus I'll have to do a better read when I submit to any new agencies.

I also think any new agency could potentially have a gold mine of disgruntled microstockers willing to go exclusive for a generous commission deal, if they had enough buyers, were upfront and transparent, and were focused on more than just volume of images in the db...

"Depositphotos reserves the right to determine the conditions of its cooperation with Partner companies. We sell those files by subscriptions (under the standard license), but it is up to our partners to set their prices and the way to sell them as long as they stick to license terms."


Regarding the mail of Deposit that would mean that Shotshop is a Subscriber. That's nonsense!

That is indeed complete nonsense. Someone "subscribing" photos does not receive a license for resale. I am done with Depositstock.

[quote author=MarcvsTvllivs link=topic=21952.msg365311#msg365311 date=1392309127

That is indeed complete nonsense. Someone "subscribing" photos does not receive a license for resale. I am done with Depositstock.
[/quote]

Precisely. A subscription download does not allow the resale of the file. That is what special extended licenses are for.

If we still have our pictures there is because we are stupid and we deserve the 1% commission and we like spanking.

Right now I run to buy a subscription of your photos on Shutterstock. These photos I sell them on my own website to my 20 euros, you will have 025-38 dollars and me 19, 60-70 euros .... this is business and not take pictures

It's a game of semantics -  partners or resellers. Years back I used to license photos with Gamma. If they had another agency sell an image for them (which I had to approve) Gamma got 50% and the other agency got 50%. I received my 50% (25% or the gross) of Gamma's take. Pretty simple math.  These convoluted partnership arrangements are just unfair to the photographer. I guess better quit living in the past!

And whoever is on the fence about staying with DP, don't forget about this
http://www.microstockgroup.com/depositphotos/deposit-photos-extended-licence-$2-64!!!!!!/.

Interestingly, if one looks at the DP Standard and Extended License Agreement:

http://depositphotos.com/license.html(link)

It is clearly noted that - The Standard License allows the use of the purchased File for the creation of different kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it) (sic).

Its also noted that items for Re-sale require an Extended license.  Isn't Shotshop re-selling?  So why is this treated as a Standard license for payment of (sub) royalties to contributors?

So now I'm really confused??  If Shotshop sales are a re-sale (as it clearly looks to be) then WHY aren't we paid Extended license commissions?  That would seem to be the correct and fair thing, isn't it. 

Or am I missing something here??!

I always wondered why the percentage of credit sales on DP was so much lower than the percentage of ODDs/SODs over on SS. I guess this explains it.

I'll give DP a couple weeks to find an acceptable solution that fixes this situation. If they don't I'll pull my port and be done with them.

Big THANK YOU to everyone involved uncovering this scam.

LOL I started to post that earlier but erased it   If I can ever make a payout - that's 19 subs away ... you won't shouldn't be able to include mine.   I hated to walk away from the money on the table, but I should have grown a pair and left the first time they peed me off.

Excerpt from DP's API PROGRAM AGREEMENT: (text bolded by me)

Reseller API. The Reseller API enables the sale of the File Provider�s Files on the Reseller�s website and offers the greatest price flexibility to the Reseller. Buyers are not redirected to the File Provider�s website for payment. This method is designed for a Reseller to create his/her own stock file website in order to sell Files acquired either wholly from the File Provider, or in conjunction with Files from other databases.

The File Provider delivers Files to the Reseller at standard prices or via a subscription plan. The Reseller sets the price of Files resold to Buyers.

The File Provider reserves the exclusive right to change the price of Files delivered to the Reseller through the API Program, upward as well as downward, at any time and at its sole discretion, with or without prior notification to the Reseller.

My images are up there too.  I've emailed to see what the deal is.

I thought your files weren't available at DP for subscription sales.

Quote from: sdeva on February 13, 2014, 14:02

Interestingly, if one looks at the DP Standard and Extended License Agreement:

http://depositphotos.com/license.html(link)

It is clearly noted that - The Standard License allows the use of the purchased File for the creation of different kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it) (sic).

Its also noted that items for Re-sale require an Extended license.  Isn't Shotshop re-selling?  So why is this treated as a Standard license for payment of (sub) royalties to contributors?

So now I'm really confused??  If Shotshop sales are a re-sale (as it clearly looks to be) then WHY aren't we paid Extended license commissions?  That would seem to be the correct and fair thing, isn't it. 

Or am I missing something here??!

Yes, you are missing something.

Even under the extended license the sub-licensing of the file is not allowed. The scenario that Shotshop "buys" the files (e.g. under a subscription plan) and then "sells" it again is not allowed with neither the standard nor the extended license.

Shotshop is licensing those files to their customers, that is not a re-sale.
The only way that this is not conflicting with the DP license terms is that the transaction is between Shotshop's customer and DP (and not between DP and Shotshop, because that would require Shotshop to sub-license the file).

And this is why I cannot understand how they legally can create a situation where we only get paid a subscription royalty (as Shotshop does not offer subscriptions, so the Shotshop customer can only have bought a single license).

I am now waiting if they comply with my request to remove my portfolio from all partner programs.

According to a previous post Shotshop is a reseller and NOT a partner (whatever the fk that means).  So even if you opt out of PP, BFD. You will still get hosed unless you simply cut your losses and close your DP account.  At least that's how I read this.

"We disabled the Partnership program for you when you required. The websites you mentioned ( newbielink:http://www.ibudgetphoto.com [nonactive] and shotshop.com) are our resellers. They sell your files under the same License agreement as we do and you get the same commission for each sold file as you get on our website.

If this comment were true I'd breath a little more easily.  But according to yet another post in this thread, someone purchased a $19 euro file and received 30 cents commission.  How is that happening? DP being deceitful? They've been caught with their dicks in their hands before. 


"We tested this too.

For a 19,90� single purchase at Shotshop you will get a 0.30$ Sub sale on Depositphotos !!!

I wonder what you'll get for an EL ... if this isn't a bug, it's a complete rip-off.
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