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Author Topic: Adobe Terms  (Read 4056 times)

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« Reply #25 on: April 03, 2019, 07:24 »
0
.. I know that, thanks... what about some words from Adobe...?!


UIcomments

« Reply #26 on: April 03, 2019, 07:43 »
0


And 9.1.  As a Canadian - has this always been the case?  Does a Canadian Company pay me and how do I receive a T-5?

9.1. Relationship. If you reside in the United States, your relationship is with Adobe Systems Incorporated, a United States company. If you reside outside of the United States, your relationship is with Adobe Canada Services Corporation, a Canadian company.

Payment has been from Adobe Canada for the past couple of years.  I'm registered for HST in Canada, and I suspect that I should be collecting HST from them.  I wrote to them last year to ask about it, but they never responded.

I've never received a T5 from them. T5 or not, you can always bill them as you would Canstock. Whether you receive the payment is another story. I suspect noone cares because they are not the end client. Whatever you charge will be refunded, so it's just extra paperwork with no net difference.

« Reply #27 on: April 03, 2019, 07:47 »
+1
I can almost guarantee this is a reaction to Pond5. This is actually a positive step if they are noticing Pond5! Now everyone needs to pay 60%!

Sorry Jeff, but definitely not a reaction to Pond5 as you're thinking.  Adobe Stock is very focused on delivering value to customer and contributor, we have a game plan and will continue to execute against it.  Pond5 is a part of that as they are a partner.  I'll try to see if I can get the background and report back if possible.

Dennis
« Last Edit: April 03, 2019, 07:49 by Dennis Radeke »

Noedelhap

  • www.colincramm.com

« Reply #28 on: April 03, 2019, 07:47 »
+1
Quote
62 Managing Your Work. You may remove any of your Work from the Website at any time, provided, however, that you do not remove more than 100 items of Work or 10% of your Work, whichever is greater, in any 90-day period without 90 days' prior written notice to Adobe.  We may remove Work or terminate your account at our sole discretion without prior notice.

This reads to me like: 'if you break the rule and remove too much of your work at once, we will punish you by removing ALL your work and close your account!'

Isn't that helping the contributor in a way? ;)

« Reply #29 on: April 03, 2019, 07:51 »
0
Sorry Dennis, just interesting timing. I agree with it anyways as I would be doing the same pond5 or not.

« Reply #30 on: April 03, 2019, 08:08 »
0
.. I know that, thanks... what about some words from Adobe...?!

I am waiting for that for almost 2 years, Adobestock said they have "special deal with IRS" on their official site

no other sites (amazon, google, getty) have that kind of deal. and IRS on their site say that everybody need to file 1042s

people are talking about pond5, because that change was also made as kind of diversion.

This is huge, we are talking about ten of thousands non-us contributors getting paid from Canada, not getting their 1042s forms and millions of dollars "withheld".

I'm still not talked to any media or lawyers about that but that is industry shaking huge, you'll see.


« Reply #31 on: April 03, 2019, 08:16 »
0
... and in plus, other agency with 30% withholding (in my case) on every sale... that`s even stranger...

« Reply #32 on: April 03, 2019, 08:22 »
0
... and in plus, other agency with 30% withholding (in my case) on every sale... that`s even stranger...

We both know what is going on here even we dont want to spell those words.

But as individual we can't do much, we need to get as many non-us contributors as we can...

I can get several of my friends.

It is happening from the day adobe purchase fotolia. Fotolia was german based and all was correct then.
« Last Edit: April 03, 2019, 11:11 by panicAttack »


« Reply #34 on: April 03, 2019, 08:43 »
0
I didn't accept them at first thinking it could have been a hack. Glad to hear it's normal..

« Reply #35 on: April 03, 2019, 09:27 »
+8
...As a result, also all existing contributors had to accept the terms of use dated June 2018 upon login to the portal.

Kirsten,

Thank you for explaining the background of this login surprise for contributors. However benign the intentions were here, I think this highlights an area which would really benefit from improvement in contributor communications.

At least two other agencies - Shutterstock and Alamy - provide clear explanations of what changed whenever the upload agreement/contributor terms of use are updated. As these documents are long and dense, it is hard otherwise to figure out what the changes are. They also send contributors email, as well as information on the contributor web site prior to requiring acceptance of the new terms.

It really helps to build trust with contributors when the agencies communicate with us over pricing, licensing and upload/contract changes.

Examples, FYI

Shutterstock terms - note the helpful summaries of each section on the right

https://submit.shutterstock.com/legal/terms

SS summary of changes the last time they happened in 2015

https://www.shutterstock.com/blog/2015-contributor-terms-of-service-updates

Alamy's terms and their contract change record


https://www.alamy.com/terms/contributor.asp

https://www.alamy.com/terms/contributor-contract-changes.asp

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #36 on: April 03, 2019, 10:32 »
0
I can almost guarantee this is a reaction to Pond5. This is actually a positive step if they are noticing Pond5! Now everyone needs to pay 60%!

Sorry Jeff, but definitely not a reaction to Pond5 as you're thinking.  Adobe Stock is very focused on delivering value to customer and contributor, we have a game plan and will continue to execute against it.  Pond5 is a part of that as they are a partner.  I'll try to see if I can get the background and report back if possible.

Dennis

Yes I noticed that when I was reading my Pond5 terms, that my video would be distributed on AdobeStock.  :)  Works for me or maybe I should say, less work for me.


« Reply #37 on: April 03, 2019, 10:45 »
0
I can almost guarantee this is a reaction to Pond5. This is actually a positive step if they are noticing Pond5! Now everyone needs to pay 60%!

Sorry Jeff, but definitely not a reaction to Pond5 as you're thinking.  Adobe Stock is very focused on delivering value to customer and contributor, we have a game plan and will continue to execute against it.  Pond5 is a part of that as they are a partner.  I'll try to see if I can get the background and report back if possible.

Dennis

Yes I noticed that when I was reading my Pond5 terms, that my video would be distributed on AdobeStock.  :)  Works for me or maybe I should say, less work for me.

Will this apply to editorial videos available on P5? Or only commercial ones?

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #38 on: April 03, 2019, 10:58 »
0
I can almost guarantee this is a reaction to Pond5. This is actually a positive step if they are noticing Pond5! Now everyone needs to pay 60%!

Sorry Jeff, but definitely not a reaction to Pond5 as you're thinking.  Adobe Stock is very focused on delivering value to customer and contributor, we have a game plan and will continue to execute against it.  Pond5 is a part of that as they are a partner.  I'll try to see if I can get the background and report back if possible.

Dennis

Yes I noticed that when I was reading my Pond5 terms, that my video would be distributed on AdobeStock.  :)  Works for me or maybe I should say, less work for me.

Will this apply to editorial videos available on P5? Or only commercial ones?

Hey, super question, I don't know. I just got the notice that P5 had partners and AS was one of them. Wow, what if... I hate to be optimistic based on my lack of knowledge or information, and I'd guess that since AS doesn't take Editorial the answer is no. But I don't know, so back to "good question".

Does anyone know?

« Reply #39 on: April 03, 2019, 11:10 »
+3
Sorry Dennis, just interesting timing. I agree with it anyways as I would be doing the same pond5 or not.

I don't think a few people deleting a few thousand clips is anything for Adobe to be worried about.

« Reply #40 on: April 03, 2019, 11:15 »
0


And 9.1.  As a Canadian - has this always been the case?  Does a Canadian Company pay me and how do I receive a T-5?

9.1. Relationship. If you reside in the United States, your relationship is with Adobe Systems Incorporated, a United States company. If you reside outside of the United States, your relationship is with Adobe Canada Services Corporation, a Canadian company.

Payment has been from Adobe Canada for the past couple of years.  I'm registered for HST in Canada, and I suspect that I should be collecting HST from them.  I wrote to them last year to ask about it, but they never responded.

I'm in a GST Province and I know HST is somehow the same but somehow different, but if I invoice Adobe (Canada) I would add GST.  But when it's collecting royalties, I believe this is exempt.  (I am not purchasing a good or a service from them but collecting a royalty).  They would collect GST from Canadian Buyers though.

BUT they are lawfully required to give T-5's, but I am not sure it follows the same deadline of Feb 28 like T-4's.

I did have this conversation with a long gone small Canadian stock company, they asked for invoices through Paypal to collect your percentage - they probably weren't big enough for mass pay and didn't want to incur extra fees.  But they were pretty shocked to be asked that.

« Reply #41 on: April 03, 2019, 18:11 »
0
9.1. Relationship. If you reside in the United States, your relationship is with Adobe Systems Incorporated, a United States company. If you reside outside of the United States, your relationship is with Adobe Canada Services Corporation, a Canadian company.
[/i]

.. now this is interesting... if we got our royalties with deduction, will someone from Adobe explain exact meaning of this...

I can answer your because answer is pretty straightforward.

Did you ever get 1042-s forms?

No

Now read this (just first 8 words)

https://www.irs.gov/individuals/international-taxpayers/who-must-file
[/quote]

That does not explain it at all.  It sounds like Adobe has a subsidiary that is incorporated in Canada, and all payments to non-US photographers are from the Canadian company.  That means the recipients should all be filling out Canadian tax forms, not US tax forms.

« Reply #42 on: April 04, 2019, 01:48 »
+1


That does not explain it at all.  It sounds like Adobe has a subsidiary that is incorporated in Canada, and all payments to non-US photographers are from the Canadian company.  That means the recipients should all be filling out Canadian tax forms, not US tax forms.

Dany, recipients are not the one who choose what to fill out. On adobestock site, we have w8ben form to fill and 30% of our US based  earning taken away or "withheld". Canadian companies dont have legitimate right to act as US withholding agent.

If AS take 30% of US based earning (and they do), demand w8 forms (and they do), they are not canadian but us based company, and in that case they MUST provide 1042s forms as not only tax return, but as evidence that IRS have even "seen" that money. Understand now?

In this case, after June 2018, all non us based contributors, have to get all money that was "withheld" back to their account balance.


« Reply #43 on: April 04, 2019, 03:25 »
+5
Below the page with new terms. The important part, the one we suppose read, is embeded in square window which use 10% of available space. Two possibilities:
1. Adobe's web designers are very bad.
2. They don't want us to read terms


« Reply #44 on: April 04, 2019, 05:45 »
+1
Below the page with new terms. The important part, the one we suppose read, is embeded in square window which use 10% of available space. Two possibilities:
1. Adobe's web designers are very bad.
2. They don't want us to read terms


I think the answer is both.

« Reply #45 on: April 04, 2019, 12:47 »
0
...As a result, also all existing contributors had to accept the terms of use dated June 2018 upon login to the portal.

Kirsten,

Thank you for explaining the background of this login surprise for contributors. However benign the intentions were here, I think this highlights an area which would really benefit from improvement in contributor communications.

At least two other agencies - Shutterstock and Alamy - provide clear explanations of what changed whenever the upload agreement/contributor terms of use are updated. As these documents are long and dense, it is hard otherwise to figure out what the changes are. They also send contributors email, as well as information on the contributor web site prior to requiring acceptance of the new terms.

It really helps to build trust with contributors when the agencies communicate with us over pricing, licensing and upload/contract changes.

Examples, FYI

Shutterstock terms - note the helpful summaries of each section on the right

https://submit.shutterstock.com/legal/terms

SS summary of changes the last time they happened in 2015

https://www.shutterstock.com/blog/2015-contributor-terms-of-service-updates

Alamy's terms and their contract change record


https://www.alamy.com/terms/contributor.asp

https://www.alamy.com/terms/contributor-contract-changes.asp

Hi Jo Ann,

That's some very solid feedback and I'm sure Kirsten has recorded it.  This is similar to what we do when we update Creative Cloud.

Thanks!
Dennis


« Reply #47 on: April 04, 2019, 12:55 »
0

Will this apply to editorial videos available on P5? Or only commercial ones?

This would only be for commercial clips.

Thanks,
Dennis

« Reply #48 on: April 04, 2019, 12:58 »
+2
I don't think a few people deleting a few thousand clips is anything for Adobe to be worried about.

Well, on the other hand, we really do care about making our contributors successful and would be delighted to have all contributors contribute directly, but want the market to have a choice.  We believe Adobe Stock will continue to grow and evolve to become the #1 destination and that contributing directly will provide the best benefit to you and to our customers.

Make sense?

Thanks,
Dennis

« Reply #49 on: April 04, 2019, 13:02 »
+3
...As a result, also all existing contributors had to accept the terms of use dated June 2018 upon login to the portal.

Kirsten,

Thank you for explaining the background of this login surprise for contributors. However benign the intentions were here, I think this highlights an area which would really benefit from improvement in contributor communications.

At least two other agencies - Shutterstock and Alamy - provide clear explanations of what changed whenever the upload agreement/contributor terms of use are updated. As these documents are long and dense, it is hard otherwise to figure out what the changes are. They also send contributors email, as well as information on the contributor web site prior to requiring acceptance of the new terms.

It really helps to build trust with contributors when the agencies communicate with us over pricing, licensing and upload/contract changes.

Examples, FYI

Shutterstock terms - note the helpful summaries of each section on the right

https://submit.shutterstock.com/legal/terms

SS summary of changes the last time they happened in 2015

https://www.shutterstock.com/blog/2015-contributor-terms-of-service-updates

Alamy's terms and their contract change record


https://www.alamy.com/terms/contributor.asp

https://www.alamy.com/terms/contributor-contract-changes.asp

Hi Jo Ann,

That's some very solid feedback and I'm sure Kirsten has recorded it.  This is similar to what we do when we update Creative Cloud.

Thanks!
Dennis

Dennis, you have a contributor account, you know it's not on when you sign in to upload something and you get hit in the face with "check this box to say you have read the terms and conditions".  You haven't got time to read minute complicated documents on the fly, but you have to check the box regardless, it was a cheap trick and unnecessary.  Not solid feedback maybe, but in lieu of an apology, which Kirsten didn't quite manage, it's what you get.


 

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