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Microstock Photography Forum - General => General Stock Discussion => Topic started by: Pickerell on September 10, 2014, 12:53

Title: Is Dreamstime Only Accepting Exclusive Images?
Post by: Pickerell on September 10, 2014, 12:53
Do all images submitted to Dreamstime now have to be submitted on an exclusive basis and not also licensed through any other microstock distributor? A friend who is trying to start submitting to Dreamstime found this in their TOS. "By submitting my photographs to Dreamstime.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the Media that has been submitted. I acknowledge that in exchange for this copyright release, Dreamstime.com is obligated to award a fee for each image submitted and accepted by Dreamstime.com and that the agency will set the fee for each assignment."

I though most people who have images on Dreamstime also have the same images with other distributors. It sure sounds like they want exclusive rights to any images submitted now. According to the language the photographer can't even license use of the image directly to a customer himself. Maybe it is just sloppy legal language that they expect no one to read. All comments will be appreciated.
Title: Re: Is Dreamstime Only Accepting Exclusive Images?
Post by: Pixart on September 10, 2014, 13:00
Quote
Non-exclusive contributors: A non-exclusive contributor is an artist who uploads Media that are also available for sale with other stock agencies. These contributors may upload their Media to Dreamstime.com while selling the same Media through other channels. Non-exclusive contributors shall receive 25-50% of the net sale price received by Dreamstime.com for the Media they have contributed to the site which are subsequently sold by Dreamstime.com.

But... when you upload there is a tick box for exclusive vs non exclusive.  See if your friend has ticked non-exclusive.
Title: Re: Is Dreamstime Only Accepting Exclusive Images?
Post by: Sean Locke Photography on September 10, 2014, 13:08
"By submitting my photographs to Dreamstime.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the Media that has been submitted.

"Relinquish all copyrights"?  Uh, no thank you.
Title: Re: Is Dreamstime Only Accepting Exclusive Images?
Post by: Pickerell on September 10, 2014, 14:18
Pixart

Thanks. That probably solves the problem.

Jim
Title: Re: Is Dreamstime Only Accepting Exclusive Images?
Post by: etudiante_rapide on September 10, 2014, 14:56
Do all images submitted to Dreamstime now have to be submitted on an exclusive basis and not also licensed through any other microstock distributor? A friend who is trying to start submitting to Dreamstime found this in their TOS. "By submitting my photographs to Dreamstime.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the Media that has been submitted. I acknowledge that in exchange for this copyright release, Dreamstime.com is obligated to award a fee for each image submitted and accepted by Dreamstime.com and that the agency will set the fee for each assignment."

I though most people who have images on Dreamstime also have the same images with other distributors. It sure sounds like they want exclusive rights to any images submitted now. According to the language the photographer can't even license use of the image directly to a customer himself. Maybe it is just sloppy legal language that they expect no one to read. All comments will be appreciated.

reading ur comment carefully, i figure u r not referring to the regular upload of work to dt,
but more in relation to just the monthly assignment.

yes, in this monthly contest, u relinquish all rights if u win.
Title: Re: Is Dreamstime Only Accepting Exclusive Images?
Post by: etudiante_rapide on September 10, 2014, 14:57
"By submitting my photographs to Dreamstime.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the Media that has been submitted.

"Relinquish all copyrights"?  Uh, no thank you.

mr. locke, if i am not mistaken,
the OP is mixing up the regular submission with the monthly photo-assignment.
Title: Re: Is Dreamstime Only Accepting Exclusive Images?
Post by: Megastock on September 10, 2014, 15:46
And not just the assignment, but the assignment option where you relinquish all rights for $25 up front.  Obviously not a great choice for any reason I can think of.  For other submissions:

"The Parties agree that all rights, including title and copyright, in and to the uploaded Media, shall be retained by the Photographer, unless otherwise mentioned by the license agreement."