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Author Topic: motionarray "good news" (not) - "tailor made licenses"  (Read 2677 times)

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« on: June 13, 2024, 10:21 »
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Odd, motion array has a "forced opt-in" (sort of). You may want to explicitly contact them and opt-out. The basically pop up a message box saying "Oh yeah, we may give away your stuff", here is the new part of the license:

Quote
"In addition to the rights stated above, Author hereby grants Publisher worldwide rights to license the Digital Media to third parties as part of tailor-made business licenses which may offer additional uses, expansion of rights or less restrictions, including, but not limited to, the right to use the Digital Media without synchronization or as stand-alone file, to include the Digital Media in any kind of collections, to grant third parties the right to sublicense the Digital Media to their users, clients or anyone on their behalf, and any other license, method, format or media the Publisher may decide (Business License).

So basically , they are saying they will unilaterally decide if they will give other companies the right to sell your stuff without your permission - and of course - give absolutely no indication what % of the sale you would get. So - they could say sell your asset for $500, and say "oh good news! you made $1 extra!"...

You should opt-out if you are with them.

The have been trying to "buy" people's assets on the super cheap, and this is a deceptive/underhanded different way of essentially acting as an agent to treat the assets as if it was their own (which of course, it is not).
« Last Edit: June 13, 2024, 10:34 by SuperPhoto »


« Reply #1 on: June 13, 2024, 12:53 »
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I might delete my account with them, uploading and submitting images with them are really time consuming.

« Reply #2 on: June 14, 2024, 05:37 »
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It's time to make a change! Join Envato and MA artists in our Collaborative Marketplace on Discord.

https://discord.gg/Z4Xhfh7ezq [nofollow]
« Last Edit: June 14, 2024, 08:33 by MysticMarmot »

« Reply #3 on: June 14, 2024, 08:25 »
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It's time to make a change! Join Envato and MA artists in our Collaborative Marketplace on Discord.

https://discord.com/channels/1244588515862380628/1245435620302520330/1248342956625104989

Do you have a different link that works? Thanks!

« Reply #4 on: June 14, 2024, 08:32 »
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Please use this one:

https://discord.gg/Z4Xhfh7ezq [nofollow]
« Last Edit: June 14, 2024, 08:52 by MysticMarmot »

« Reply #5 on: June 16, 2024, 05:38 »
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You cannot opt-out. It's accepting it or leaving them.

« Reply #6 on: June 16, 2024, 14:38 »
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You cannot opt-out. It's accepting it or leaving them.

Really? were did you read that, i dident see that anywere. They dident say that you will be banned if you dont sign the document.

« Reply #7 on: June 18, 2024, 13:01 »
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You cannot opt-out. It's accepting it or leaving them.

You actually "can" opt-out. You don't "have" to blindly accept whatever they offer. You can refuse, re-negotiate, walk away, etc.

Yes, they are using that 'threat', which is very evil/wrong - so contact them and let them know. And be prepared to walk away if you have to, because it is a very poor "deal".

« Reply #8 on: June 18, 2024, 13:24 »
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You cannot opt-out. It's accepting it or leaving them.

You actually "can" opt-out. You don't "have" to blindly accept whatever they offer. You can refuse, re-negotiate, walk away, etc.

Yes, they are using that 'threat', which is very evil/wrong - so contact them and let them know. And be prepared to walk away if you have to, because it is a very poor "deal".

I did contact them and said I did not agree and wanted to opt-out. Got a very kind but clear response: it's accepting or "parting ways"

It is indeed a very poor deal, and yet again just giving an agency a blank cheque to do whatever they want.

« Reply #9 on: June 20, 2024, 14:09 »
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Well...

a) I'd persist. Specify which clause(s) you have particular issues with, and how you'd like them modified. As well - push for an 'opt-out' option.
b) Perhaps contact some other vendors via the messaging thing - see how they feel, and specify specific actions they can take. Power in numbers.

Very evil what they are trying to do, and how they go about doing it.
« Last Edit: June 20, 2024, 14:11 by SuperPhoto »

« Reply #10 on: June 21, 2024, 09:26 »
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I don't necessarily believe in putting pressure on them. I'm only a small fish in their pool, and we all know any kind of protest is a waste of energy. We all know where it went with Shutterstock, don't we?

I don't know what you mean with contacting others by the messaging thing, I just upload there every now and then (which is a painful process) and leave.
Cash out afterwards. All in all, despite being a revenue sharing agency, it's still rather ok in terms of earnings each month. Roughly 10% of my microstock income, and I only have roughly 15% of my portfolio online with them. Images only.

I'm still requesting more details regarding the change. I have - in theory - no issues with negotiated deals regarding extended or more flexible usage, as they are supposed to bring in more money. But is this really the case, and how much of that is distributed to the contributor? Unclear for me. Biggest issue is sublicensing, whatever that is. Does it mean that others can sell my content, and how are those resellers then compensating the contributor at MotionArray. Anyhow, I'm not very well educated when it comes to licensing, but it all sounds like a big grey zone, signing off for a blanc cheque. And if it smells fishy, in Microstock, most of the times, it is.

Let's see how they react on that. So far, their support has been friendly and very reactive. But also vague ;-)

« Reply #11 on: June 21, 2024, 23:31 »
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I don't necessarily believe in putting pressure on them. I'm only a small fish in their pool, and we all know any kind of protest is a waste of energy. We all know where it went with Shutterstock, don't we?

I don't know what you mean with contacting others by the messaging thing, I just upload there every now and then (which is a painful process) and leave.
Cash out afterwards. All in all, despite being a revenue sharing agency, it's still rather ok in terms of earnings each month. Roughly 10% of my microstock income, and I only have roughly 15% of my portfolio online with them. Images only.

I'm still requesting more details regarding the change. I have - in theory - no issues with negotiated deals regarding extended or more flexible usage, as they are supposed to bring in more money. But is this really the case, and how much of that is distributed to the contributor? Unclear for me. Biggest issue is sublicensing, whatever that is. Does it mean that others can sell my content, and how are those resellers then compensating the contributor at MotionArray. Anyhow, I'm not very well educated when it comes to licensing, but it all sounds like a big grey zone, signing off for a blanc cheque. And if it smells fishy, in Microstock, most of the times, it is.

Let's see how they react on that. So far, their support has been friendly and very reactive. But also vague ;-)

That is a very defeatist attitude, and I suppose would explain why a number of stock photographers just whine and complain. It is not a waste of energy, it is an effective use of energy providing done correctly. And I, as others, are not part of that royal "we". It's important to realize not everyone feels or thinks that way - and that you actually can renegotiate and get favorable results.

a) Yes, sublicensing means they can sell your content/re-license your content. "Sub-license", i.e., passing on a license.
b) The "we can add more or remove whatever we feel like rights" basically says they can do whatever the 'f' they feel like - that is - if you agree to it. So don't agree to it.
c) And yes, it is extremely broad/open. And of course their support would be friendly - if you are giving them a blank cheque to sell your assets for $500 and you get $1, if you get anything at all, who wouldn't be happy? Of course they will nod their head & grin - they are taken you to the cleaners if you let them. And that's also why they are vague - hoping you are too dumb to know any better. Ask for details & clarification. Ask them to put it in WRITING.

I'll break this down. (& BTW - important to note the "jurisdiction" is Tel Aviv, Israel. NOT the USA (like it used to be in GA).
Code: [Select]
In the event that Author submits Digital Media to Publisher and the Digital Media is accepted by Publisher as set forth below, Author hereby grants Publisher worldwide, perpetual rights to publish, copy, use, broadcast, make available to the public, display, alter, make derivative work, distribute, commercially use and otherwise exploit, the Digital Media, for the entire copyright term therein, in any and all media and formats now known and hereafter devised, and to license the rights in the Digital Media to platform users, subject to the users terms of use and license, as modified by the Publisher from time to time.

In addition to the rights stated above, Author hereby grants Publisher worldwide rights to license the Digital Media to third parties as part of tailor-made business licenses which may offer additional uses, expansion of rights or less restrictions, including, but not limited to, the right to use the Digital Media without synchronization or as stand-alone file, to include the Digital Media in any kind of collections, to grant third parties the right to sublicense the Digital Media to their users, clients or anyone on their behalf, and any other license, method, format or media the Publisher may decide (Business License).

Author hereby unconditionally and irrevocably waives the enforcement of droit moral rights, moral rights of authors or any other rights with respect to attribution of authorship or integrity relating to Digital Media. Publisher in its sole discretion may review Digital Media submitted by Author, provided that the foregoing provision shall not be construed as requiring any review or similar process to be conducted by Publisher. Publisher may reject Digital Media submitted by Author for any reason, including but not limited to quality or appropriateness issues, or for no reason.

So:
a) "Author hereby grants Publisher worldwide rights to license the Digital Media to third parties as part of tailor-made business licenses"
This means you give them them the right to create a new type of "licensing" (i.e., sales model) called "tailor-made business licenses".
b) "which may offer additional uses, expansion of rights or less restrictions,"
Incredibly broad/open ended, which means - we can do whatever we feel like with the asset (photogrpah/video/etc).
c) "the right to use the Digital Media without synchronization or as stand-alone file". In other words - they could "license" another business to resell your asset - esp. because the previous clause is so vague/broad.
d) "to include the Digital Media in any kind of collections". They could create "motionarray-2.0.com", "sell" it to themselves, then not have to pay you anything.
e) "grant third parties the right to sublicense the Digital Media to their users, clients or anyone on their behalf, and any other license, method, format or media the Publisher may decide..."
Basically says YOU are giving them permission to do whatever they 'f' they feel like with your stuff - and can give ANY kind of license (i.e., reselling rights, integration into other products rights, and technically "ownership" because it is so broad and open ended...

In other words - it sucks. Reject it, and get others to do the same.
« Last Edit: June 21, 2024, 23:43 by SuperPhoto »


 

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