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Author Topic: new shutterstock tos differences?  (Read 816 times)

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« on: February 05, 2020, 18:22 »
0
seems shutterstock 'just' released new terms... does anyone know the difference between this and the previous tos?

I took a quick look - 'seems' to be reasonable everything there - not sure... I have a copy of the old contract if anyone is interested to look over it with a fine tooth comb...


« Reply #1 on: February 05, 2020, 21:48 »
+20
I had a look at the new one, and if I'm looking at their online archive correctly, Version 9 is the now-obsolete version (although it's missing its effective date). The new version, not yet labeled, will I assume be version 10?

Looking at the changes from version 9, these are the main things I see (and I wish they'd do a real set of diffs to show what's changed; it'd be so much easier for contributors to compare):

In section 4, Accounts, they have removed section e, which used to limit you to deleting no more than 100 items or 10% of your portfolio in 90 days. There's a new section e which says:

Following the removal of any item of Content from Shutterstock, Shutterstock may amend any existing licenses to such Content for a reasonable period thereafter, for instance to support customers who may have previously activated a "comp" license.

It's a shame they don't spell out how long, but this is akin to Alamy's 6 month wait to allow existing customers to complete their purchases.

In section 5, Content, they've changed rules around sensitive use: removed section 6 and taken one of its paragraphs (c) and made it section d  in content:

Shutterstock will not knowingly license model-released Content for use in contexts that are pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature.

Section 6, Usage Restrictions, is gone, so all remaining sections have a new number.

Compensation, paragraph c, no longer references payment by check and section d about changes to payment by check is removed.

There is a new paragraph j in compensation, which may just be administrative or may be something significant (are they outsourcing payments or planning to be acquired?):

For clarity, when and where appropriate Shutterstock may assign its rights and obligations regarding Contributor royalties hereunder to related global legal entities, and confirms that the Contributors rights to such royalties will not be impaired by any such assignment.

In the Taxes section, they've added a paragraph saying you have to notify them of changes (sounds like a CYA in case you don't)

The section on Arbitration went from 2 paragraphs to 7 - they really don't want to end up in court!

« Reply #2 on: February 05, 2020, 22:36 »
+6
Jo Ann, thank you so much for wading through all that so I/we don't have to do it.

My eyes literally cross when attempting to read things like Terms of Service. It's bad enough when corporations bother to point out what's different, but when they don't I almost literally can't stand to do it.

I appreciate your doing that hard work for us.

Martha

fotorob

  • I am a professional stock photographer

« Reply #3 on: February 06, 2020, 03:55 »
+2
Hello,

I made a word-by-word comparision with their old and new terms in my new blog post.
https://www.alltageinesfotoproduzenten.de/2020/02/06/shutterstock-versteckt-aenderungen-in-neuen-nutzungsbedingungen/

It seems that the opt-out possibility for "sensitive use" and "extended licenses" have been removed.

It's in German though, but the full text of both ToS can he read here in english as well:
http://www.alltageinesfotoproduzenten.de/wp-content/uploads/2020/02/Vergleichsbericht-Shutterstock-Terms-of-Service-2020-02.pdf

Best regards,
Robert

« Reply #4 on: February 06, 2020, 06:45 »
0
The best thing to do is shoot them an email showing your discomformity As time goes by they seem more and more Istock alike. Always taking away power from contributors This new sensitive use removal will make me to delete some model shoots and not upload some images with more delicate situations or models although you never know now.......a simple portrait can be plastered all over the country with Tobacco advertisement or other sensitive usages A true step backwards
« Last Edit: February 06, 2020, 07:20 by everest »

angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #5 on: February 07, 2020, 11:15 »
+1
So no more opting out of "sensitive use" and "extended licenses"? The extended license profit was not worth it for me after they changed it a few years ago.

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #6 on: February 07, 2020, 12:10 »
0
So no more opting out of "sensitive use" and "extended licenses"? The extended license profit was not worth it for me after they changed it a few years ago.

Not sure if the TOS doesn't have that, specifically, but the site still does?



Until that options disappears, when the new TOS become effective? Or could have been oversight?

I wouldn't jump to any conclusions, either way.  ;D


 

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