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Author Topic: Submitting other photographer's photos.  (Read 8526 times)

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« on: December 17, 2012, 20:19 »
0
My niece has a pretty good eye for photography and has shot some very good images. I was speaking to her about purchasing the rights to some of the photos and submitting them to my iStock account. I guess this might be similar to Yuri hiring shooters for his various portfolios. She has no interest in becoming a regular microstock shooter.

Does anyone know how submitting other shooter's images would fly at iStock or elsewhere? I guess I would need to get a "All Rights Ownership" contract signed by the photographer. 

Thanks for your input.

OX


traveler1116

« Reply #1 on: December 17, 2012, 20:36 »
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Why not ask there? 

I think it is ok as long as you have the right paper work.

« Reply #2 on: December 17, 2012, 20:41 »
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Why not ask there? 

I think it is ok as long as you have the right paper work.

I just sent a site mail to one of my Admin contacts there. But I wanted to know any other experiences :)

ShadySue

« Reply #3 on: December 17, 2012, 21:21 »
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There are lots of other couples, friends and larger groups who submit jointly to iS. Funnily enough, an admin once said categorically that it could not be done, until I pointed some of these out.

« Reply #4 on: December 18, 2012, 11:16 »
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There are lots of other couples, friends and larger groups who submit jointly to iS. Funnily enough, an admin once said categorically that it could not be done, until I pointed some of these out.

The admin I contacted did not know. told me to contact Support.

ShadySue

« Reply #5 on: December 18, 2012, 11:27 »
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There are lots of other couples, friends and larger groups who submit jointly to iS. Funnily enough, an admin once said categorically that it could not be done, until I pointed some of these out.

The admin I contacted did not know. told me to contact Support.
In which case, the answer you get will likely depend on which Support representative handles your enquiry.

CD123

« Reply #6 on: December 18, 2012, 13:40 »
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If in doubt you can act as her agent.  Just get your niece to sign up with the site (all the legal stuff, etc.), but use your email address and payment (Moneybookers/Paypal account) info. After that you take over the admin., submitting the images, etc.. Your niece will get the recognition (as the image creator should), but you will be dealing with the admin. and financial work. Sign a contract with her on how the monetary side will work (like 50% of all income to each, or whatever and when and how you will pay it to her) and that she grant you the right to act on her behalf in submitting her images. No need to involve the sites with your internal arrangement or confusing them with it.  ;)
« Last Edit: December 18, 2012, 13:44 by CD123 »

« Reply #7 on: December 18, 2012, 14:01 »
+1
I feel the iStock TOS are pretty clear and dry on this.

Quote
4. Intellectual Property Matters

a.    The Supplier acknowledges that iStockphoto prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.
b.    By uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content with full power to grant the rights contemplated in this Agreement. ...

http://www.istockphoto.com/asa_non_exclusive.php

If you own the copyright and all other rights to the images, you are good to go.

CD123

« Reply #8 on: December 18, 2012, 14:17 »
0
I feel the iStock TOS are pretty clear and dry on this.

Quote
4. Intellectual Property Matters

a.    The Supplier acknowledges that iStockphoto prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.
b.    By uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content with full power to grant the rights contemplated in this Agreement. ...

http://www.istockphoto.com/asa_non_exclusive.php

If you own the copyright and all other rights to the images, you are good to go.


To that literal extent then, someone like Yuri has then to upload all his material himself, or else be in contravention with the agreement?

« Reply #9 on: December 18, 2012, 14:33 »
0
I feel the iStock TOS are pretty clear and dry on this.

Quote
4. Intellectual Property Matters

a.    The Supplier acknowledges that iStockphoto prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.
b.    By uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content with full power to grant the rights contemplated in this Agreement. ...

http://www.istockphoto.com/asa_non_exclusive.php

If you own the copyright and all other rights to the images, you are good to go.


To that literal extent then, someone like Yuri has then to upload all his material himself, or else be in contravention with the agreement?


That statement is directed towards you the supplier, owner of the account and person (or business) agreeing to the Terms of Service, not you the person clicking the submit button.

aspp

« Reply #10 on: December 18, 2012, 14:41 »
+1
This is not IS specific advice. I have no idea whether IS have extra conditions. In general however what you will need is a transfer of copyright assignment document signed by both parties and witnessed. This will detail the transfer of all rights to the photographs from her to you. She is both the photographer and the copyright holder. Typically the document will detail that you have paid her (as copyright holder) a fee (AFAIK this makes it simpler for the lawyer to write up). Your lawyer should draft something which covers and describes all of the photographers as a collection - perhaps defined between specific dates.

'Assignment' is the key term. Your lawyer should recognize this term or will be able to look it up and quickly draft something specific from generic examples. Probably best to avoid using boilerplate docs downloaded from the web - since the wording will need to reflect law and acts where you live.

There is potentially a simpler alternative however. Which is that you suddenly realise that she took the photographs whilst under contract to you - ie that you employed her to take the pictures. In many countries that would mean that you already own the copyright (ahem ahem).

CD123

« Reply #11 on: December 18, 2012, 14:43 »
0
I feel the iStock TOS are pretty clear and dry on this.

Quote
4. Intellectual Property Matters

a.    The Supplier acknowledges that iStockphoto prohibits any Content or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Site.
b.    By uploading Content, you are warranting that you own all proprietary rights, including copyright, in and to the Content with full power to grant the rights contemplated in this Agreement. ...

http://www.istockphoto.com/asa_non_exclusive.php

If you own the copyright and all other rights to the images, you are good to go.


To that literal extent then, someone like Yuri has then to upload all his material himself, or else be in contravention with the agreement?


That statement is directed towards you the supplier, owner of the account and person (or business) agreeing to the Terms of Service, not you the person clicking the submit button.


That is why I suggested that he rather act as agent ("submit button clicker" if you like), if he can not obtain the full rights or the site does not want to accept his ceded rights. In this way she is the account holder/supplier, but he can submit her images on her behalf, as she does not want to.

aspp

« Reply #12 on: December 18, 2012, 15:24 »
+1
Further to what I wrote above:

Once the copyright has been assigned - I cannot see any reason why IS would need to see that documentation. If you own the copyright then you are okay to upload. Which is what Leaf said first.

But now that you have asked them you are probably going to need the documentation in case they ask.

« Reply #13 on: December 18, 2012, 22:10 »
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Thanks for all the great replies :)

OX

« Reply #14 on: January 08, 2013, 19:50 »
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Hi.

Does anybody has a contract when someone give you the full right of the photo or even a design.  I ask this because i have a designer and i would like to have everything clear with him.

Many thanks.
« Last Edit: January 08, 2013, 20:14 by dacasdo »

RacePhoto

« Reply #15 on: January 09, 2013, 01:13 »
+1
Thanks for all the great replies :)

OX

Free assignment of copyright form, basic and simple.

https://dl.dropbox.com/u/8755020/Documents/copyright-assignment-basic.rtf

« Last Edit: January 10, 2013, 14:16 by RacePhoto »

« Reply #16 on: January 09, 2013, 06:30 »
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Thanks for all the great replies :)

OX


Free assignment of copyright form, basic and simple.

http://crapstock.com/documents/


Many thanks Racephoto, that form works perfectly.

All the best.

David.


« Reply #17 on: January 09, 2013, 07:29 »
+1
Thanks for all the great replies :)

OX


Free assignment of copyright form, basic and simple.

http://crapstock.com/documents/


Many thanks Racephoto, that form works perfectly.

All the best.

David.


I'd add a couple things to that contract.
- The amount paid for the works
- In the description I'd include an attachment pdf or something with thumbnails to all the images that are purchased.

RacePhoto

« Reply #18 on: January 10, 2013, 13:41 »
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I found a much better, more detailed one too, but anyone can take what Leaf says and add it, and make the simple one fit their personal needs. The two page version has lots of small print and legalize, and has a place for examples of the image. That would be good for a single, but not a collection.

If a collection of images, I'd say attach a page of thumbnails to document the images.

And by all means, adding that there was some form of payment seems to be more binding. Same goes for model releases and property releases.

Everything is adaptable.


Microstock Legal

Thanks for all the great replies :)

OX


Free assignment of copyright form, basic and simple.

http://crapstock.com/documents/


Many thanks Racephoto, that form works perfectly.

All the best.

David.


I'd add a couple things to that contract.
- The amount paid for the works
- In the description I'd include an attachment pdf or something with thumbnails to all the images that are purchased.

« Reply #19 on: January 12, 2013, 15:22 »
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It is OK if you have  a properly prepared legal document of transfer.

aspp

« Reply #20 on: January 12, 2013, 15:45 »
0
I'd add a couple things to that contract.
- The amount paid for the works
- In the description I'd include an attachment pdf or something with thumbnails to all the images that are purchased.

& these sorts of documents would normally reference the specific copyright legislation which is applicable in the named country or state and the date of that legislation. Legal documents should also be witnessed most places. There will likely also be specific terms which will apply to your country or state.

Aways best to get legal work done by a lawyer. That's what they're for.

« Reply #21 on: January 12, 2013, 16:21 »
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It seems a little complicated this issue.  How did the big guys in this business do?

This can be a company too if you grow high on this and i pretty sure they have many designers to upload more and more.

Maybe they are paying a lawyer to be well covered.

RacePhoto

« Reply #22 on: January 13, 2013, 10:55 »
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Aways best to get legal work done by a lawyer. That's what they're for.

Lawyers aren't the final solution, they are the cause of the problems and the continuation of them!

If we can't make a simple contract without paying some slithering reptile who will charge a fee, there's something terribly wrong with the system.

Most contracts only need to contain two elements to be legally valid:

    All parties must be in agreement (after an offer has been made by one party and accepted by the other).

    Something of value must be exchanged -- such as cash, services, or goods (or a promise to exchange such an item) -- for something else of value.


Then define what is included, in the case of transfer of rights for images. (since that's what we're discussing, not buying a car or painting a house) Thumbnails and descriptions are perfect.

Have it signed by both parties, and dated. You are done. If you want to get all warm and fuzzy, have a witness. But think about all the contracts you have signed in your lifetime (outside of microstock) how many required a witness?

No you don't need a lawyer, complicated multi-page complicated legalese, or minute terms and provisions. A simple contract is easier to enforce than one that's complex. Two people, write it down, you're done.

aspp

« Reply #23 on: January 13, 2013, 14:09 »
0
You seem to be rather addressing this question from an utterly US perspective. Most people are not Americans.

Contract Law and Copyright Law are different everywhere. And there is the related issue of advising the parties of whether they are even in a position to legally enter into a contract (the OP mentions that the other party is his niece. For all we know she may not have reached her majority). In some countries I believe that a state authorized person or a notaire must be involved.

Internet legal advice, like internet medical advice, is great for helping people to understand the sorts of questions which they may need to ask. But downloadable legal documents and diy lawyers are always a bad idea. At the very least a downloadable DIY document should at least be country specific - there should be a note on it stating where the document is known to be valid and noting that it may not be valid somewhere else.

RacePhoto

« Reply #24 on: January 15, 2013, 00:57 »
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True and I'm in the US so I abide by the local laws. I don't suppose to understand things in China, Madagascar or Ogo Pogo.

But lets not over think and over complicate a simple contract between two people.

If you pay with a credit card, that's a contract, only one person signs. No witness or notary. If you buy a car, you might be the only name signing, on the contract. If you buy a home, the seller and the buyer will sign. Bank loan? See where I'm going? It's not necessarily a big legal contract issue and can be completed in simple wiring and signed by the two parties making the agreement.

Yes I'm using an utterly US perspective, what else would I do?


You seem to be rather addressing this question from an utterly US perspective. Most people are not Americans.

Contract Law and Copyright Law are different everywhere. And there is the related issue of advising the parties of whether they are even in a position to legally enter into a contract (the OP mentions that the other party is his niece. For all we know she may not have reached her majority). In some countries I believe that a state authorized person or a notaire must be involved.

Internet legal advice, like internet medical advice, is great for helping people to understand the sorts of questions which they may need to ask. But downloadable legal documents and diy lawyers are always a bad idea. At the very least a downloadable DIY document should at least be country specific - there should be a note on it stating where the document is known to be valid and noting that it may not be valid somewhere else.


 

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