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Author Topic: Say Bye to Opting-Out  (Read 2795 times)

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« Reply #25 on: February 25, 2020, 14:22 »
+2
if your models successfully sueing,
you pay the model and the taken down advert

with the ss model release, you will likely not get away
by saying you explained all to the model

further content requires EXCPLICIT OPT IN FROM MODELS IN RELEASE
this will become  ***** expensive and difficult to find
ss is going lunatic




« Reply #26 on: February 25, 2020, 15:59 »
+3
so one more rant,
the blinkered arrogance to declare this with one week time left
to take any action

this is out of control

OM

« Reply #27 on: February 25, 2020, 20:41 »
+5
As George Carlin (RIP) once remarked, " You have no choice. You have owners. They own you. They own everything. "  ::)

« Reply #28 on: March 01, 2020, 13:32 »
+5
I used to get a fair number of ELs @ $28 and had only a handful of model-released images so I took them off and stayed with ELs - this year mine have been $14 and $20 so far, pretty par for the course, but as my ELs are mostly travel images, it seemed to make sense at the time. Glad I did now as I'd be in a panic to delete them - my model releases always had no sensitive use language, so I could not (and would not have wanted to) leave them on there anyway.

But this is an outrageous move that will really hurt the big sellers who shoot model released images. How do you change the game this completely? Feel really badly for those of you how do - especially if you use family. What a mess stock imaging has become.

« Reply #29 on: March 02, 2020, 08:42 »
0
in my model release there is written clearly all content but pornography and defamatory, so the sensitive option in the ss email don't bother me, and i'm sure they won't bother any professional model who shoot stock, who know their content will be used in any way, and most fo them will not be pissed off to be featured on a tobacco ads for example, different is for top notch model or modelcfor commissioned work....the biog problem arise when u use amateur model , friend  or people who don't have any experience.

angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #30 on: March 02, 2020, 09:07 »
+1
I completely agree. If you use friends or family this is really bad.

« Reply #31 on: March 02, 2020, 10:21 »
0
...The EL's are pennies now....

That's not my experience with SS.

I had opted out of ELs when they changed from a flat $28 royalty to a 30% (or whatever your percentage is). I used to say yes to any EL emails $28 or over and no to anything less. After a year or so it appeared that the SODs had dried up and I suspected that it was somehow tied to the EL opt out - something like only showing their corporate clients files where they could buy any type of license. I opted back in to ELs.

The SODs came back - or it appeared that way to me - and although there was an occasional low EL (I think $16 was the lowest I ever saw) I figured it was better to leave ELs turned on. My most recent EL - they aren't frequent any more - was for $29.50. I have seen low value SODs, but never an EL at $1.50.

I don't have any images where the content makes it an issue for uses that might have been covered by the "sensitive use" option, so I never opted out of that.

Last month, I saw my first SS EL in a loooooong time. It came in at $27.86 (which my mind quickly rounded up to $28).

I'd almost forgotten about that kind of sale. Would love to see a trend starting, but alas, one nice sale doth not a trend make.

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #32 on: March 02, 2020, 10:35 »
0
...The EL's are pennies now....

That's not my experience with SS.

I had opted out of ELs when they changed from a flat $28 royalty to a 30% (or whatever your percentage is). I used to say yes to any EL emails $28 or over and no to anything less. After a year or so it appeared that the SODs had dried up and I suspected that it was somehow tied to the EL opt out - something like only showing their corporate clients files where they could buy any type of license. I opted back in to ELs.

The SODs came back - or it appeared that way to me - and although there was an occasional low EL (I think $16 was the lowest I ever saw) I figured it was better to leave ELs turned on. My most recent EL - they aren't frequent any more - was for $29.50. I have seen low value SODs, but never an EL at $1.50.

I don't have any images where the content makes it an issue for uses that might have been covered by the "sensitive use" option, so I never opted out of that.

Last month, I saw my first SS EL in a loooooong time. It came in at $27.86 (which my mind quickly rounded up to $28).

I'd almost forgotten about that kind of sale. Would love to see a trend starting, but alas, one nice sale doth not a trend make.

ELs are like the great Auk or the Dodo bird. We've could have seen them in the past, but they are now extinct.



angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #33 on: March 02, 2020, 11:34 »
+6
I have photos of children and babies and I asked SS about "abortion" images. Looks like clients can use your baby photos for abortion content too. I have a lot of deleting to do today.

'Many people are concerned about the Sensitive Use changes Angela, there is no guarantee from Shutterstock that your images would not be used for abortion images.

This doesn't give much comfort though, sorry!"

« Reply #34 on: March 02, 2020, 13:50 »
+1
Quote
professional model who shoot stock, who know their content will be used in any way, and most fo them will not be pissed off to be

really?
most is not all
+ i would guess most will be pissed by mental impairment for example
+ maybe decide they have not clarified and compensated enough

every country and judge will decide different + different in different cases

it was fine like it was: you got a request when opted out and could then ask the model,
this change is serious shady

just wonder how many not even have read the news

angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #35 on: March 02, 2020, 14:42 »
+1
I just messaged a Photographer who has a big portfolio of "beautiful woman" and he did not even know about the news.

So I'm guessing there are others who don't know ...

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #36 on: March 03, 2020, 08:19 »
+1
I just messaged a Photographer who has a big portfolio of "beautiful woman" and he did not even know about the news.

So I'm guessing there are others who don't know ...

There are many who never opted out, so they never got an email notice of something that didn't apply to them. Me for example.

I have photos of children and babies and I asked SS about "abortion" images. Looks like clients can use your baby photos for abortion content too. I have a lot of deleting to do today.

'Many people are concerned about the Sensitive Use changes Angela, there is no guarantee from Shutterstock that your images would not be used for abortion images.

This doesn't give much comfort though, sorry!"

That's terrible. SS needs to make it clear what can or can't be done. The message from Kate seemed to say, most uses wouldn't be allowed, the same as all the other agencies, which have the same restrictions. Only thing I've gotten down to now is, SS shouldn't have a special license at all for sensitive use. And if they removed the opt out, anyone who is worried about potential problems, should be removing anything that could be misused.

Too bad, but there's no other option at this point, but to remove images.

I don't have any, I don't care, I'm not worried, but I fully understand why others are concerned.
 

« Reply #37 on: March 04, 2020, 14:09 »
+3
Quote
bah for me really you are making something so big actually is not...losing thousand of dollar for fears one image is sold as sensitive use,, considering that model will probably never know about it..

it seems some dont realise the scope of the issue.

-from now its YOU and not ss nor the customer that bears the consequences

-you warrant that content fit to ss guidelines

ss provided the solution:
but if you wish to make your content unavailable for download, you can delete single images
from your portfolio by using your Catalog Manager.
(should be the reason for unlimited delete update)


lets assume your content gets used for the next president campain...
or mental impairment billboard worldwide ..

then you are done my friend

that ss will shut down your portfolio first step at a glance (as one could read here)
will be your SMALLEST problem, for shure

even if you win the case you WILL KNOW what you ve been going through afterwards..



angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #38 on: March 04, 2020, 14:41 »
+3
Exactly! All it takes is one bad ad campaign to ruin your business and also destroy the model's reputation.

« Reply #39 on: March 05, 2020, 06:38 »
0
Quote
bah for me really you are making something so big actually is not...losing thousand of dollar for fears one image is sold as sensitive use,, considering that model will probably never know about it..

it seems some dont realise the scope of the issue.

-from now its YOU and not ss nor the customer that bears the consequences

-you warrant that content fit to ss guidelines

ss provided the solution:
but if you wish to make your content unavailable for download, you can delete single images
from your portfolio by using your Catalog Manager.
(should be the reason for unlimited delete update)


lets assume your content gets used for the next president campain...
or mental impairment billboard worldwide ..

then you are done my friend

that ss will shut down your portfolio first step at a glance (as one could read here)
will be your SMALLEST problem, for shure

even if you win the case you WILL KNOW what you ve been going through afterwards..

thats why you should move to other country if you shoot model and stock...do you think russian producer care a dime of this?
anyway  i doubt what you said...ss didn't let us step down from sensitive usage..they are in the wrong side changing the termite release were accepted...it's a case that every court will see as ss fault not photographer....the send jus t an email, i have not received at all for example, didn't leave any option to photographer.. probably only amateur or friend will be upset, doubt a stock model will. you are free to cancel all your portfolio i won't . and in case it will be ss to lose.

ShadySue

  • There is a crack in everything
« Reply #40 on: March 05, 2020, 06:55 »
+2
...ss didn't let us step down from sensitive usage..they are in the wrong side changing the termite release were accepted...it's a case that every court will see as ss fault not photographer
Dream on. From the Contributor Terms of Service:
18
The validity, interpretation and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance or breach, and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). Subject to the Arbitration Agreement above, any legal action or proceeding concerning the validity, interpretation and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of New York in the County of New York or of the United States of America for the Southern District of New York, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
...
Please note that Shutterstock reserves the right to modify these terms at any time in its sole discretion, it being understood that no changes shall apply to any pending arbitration proceeding commenced or legal claims asserted prior to such change. Shutterstock will notify you of any such change by an announcement on this page, your login page, and/or by other means to provide you the opportunity to review the modifications before they become effective. Modifications to these TOS will not apply retroactively. By continuing to make Content available through Shutterstock, you agree to be bound by all such changes. If you do not agree with any of the changes, please remove from Shutterstock, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.

There is a possible issue if one was not notified, but how would one establish that legally?

« Reply #41 on: March 05, 2020, 07:36 »
+1
in my opinion this is insane from ss...for me they did this just to clean most of database...especially those from western world country contributor where legal apply...in eastern world russia ukraine and serbia for example ., nobody will ever care if a model make a problem about the usage of an image, the court will laugh at it, and probably any model will ever consider a problem....they want an agency made only by russian contributor...maybe is that why in their article they use only russian contributors images:),,., even if their portfolio is boring as hell. consider i have 99% of images with model from those country  i will not touch an image but i understand th doubts of those using model friend or from country where laws is something serious.


« Reply #42 on: March 05, 2020, 10:24 »
+2
just wondering how professional male and female models (or whatever)
should have less rights than a fotographer,
do some professions (or whatever) have less rights than others in russia and ukraine?

was offtopic, sorry,

it would be nice shutterstock sensitive use opt in out Contributor Operations Team
could leave some more clarification here or anywhere on this move.


« Reply #43 on: March 05, 2020, 10:42 »
0
in my opinion this is insane from ss...for me they did this just to clean most of database...especially those from western world country contributor where legal apply...in eastern world russia ukraine and serbia for example ., nobody will ever care if a model make a problem about the usage of an image, the court will laugh at it, and probably any model will ever consider a problem....they want an agency made only by russian contributor...maybe is that why in their article they use only russian contributors images:),,., even if their portfolio is boring as hell. consider i have 99% of images with model from those country  i will not touch an image but i understand th doubts of those using model friend or from country where laws is something serious.
... I will help you with this... all those model can contact you about your concerns... you invested big money and because of your further investments, those people will gladly contact you about clarification...

« Reply #44 on: March 05, 2020, 11:40 »
0
just wondering how professional male and female models (or whatever)
should have less rights than a fotographer,
do some professions (or whatever) have less rights than others in russia and ukraine?

was offtopic, sorry,

it would be nice shutterstock sensitive use opt in out Contributor Operations Team
could leave some more clarification here or anywhere on this move.

unfortunately yes.

« Reply #45 on: March 05, 2020, 11:43 »
0
just wondering how professional male and female models (or whatever)
should have less rights than a fotographer,
do some professions (or whatever) have less rights than others in russia and ukraine?

was offtopic, sorry,

it would be nice shutterstock sensitive use opt in out Contributor Operations Team
could leave some more clarification here or anywhere on this move.

i cant' see another reason because they risk lose thousand millions images if it's like many here are stating.i doubt

« Reply #46 on: March 05, 2020, 20:01 »
0
was saying offtopic because it dont matters imho

recommend to read #40 attentive, then in particular the first passage,
+consider models havnt agreed TOS but you

« Reply #47 on: March 06, 2020, 06:10 »
0
Ignore comment, a bad day here.
« Last Edit: March 06, 2020, 06:27 by georgep7 »

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #48 on: March 11, 2020, 16:43 »
0
Well if the Corona Virus doesn't get you, and now they have kids wearing shirts that say, we'll all be dead by 2045, here's something else.

https://www.buzzfeed.com/sophiegadd/18-reasons-you-should-never-become-a-stock-image-model

18 People Who Probably Regret Becoming Stock Photo Models

To brighten up your day and sensitive use licenses as possibly offensive to a model. There's one guy posing in front of his poster at a transit shelter.

Makes me glad I don't have any model shots with nice expressions or relatives, that could be abused like these.


 

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