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Author Topic: Google giving photos away free for commercial use and iStock agrees  (Read 258716 times)

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« Reply #650 on: January 15, 2013, 15:42 »
+2
The parties in the pink isolation chamber must be amazing...no time to check on the low lives... ;D

From jhorrocks, on the price slide thread on iStock:
"Which brings me to another point... have the forums just become someone's sick idea of entertainment?  I get the impression these little changes are being introduced, then Getty execs watch the forums as if they were watching an ant colony being slowly tortured with a magnifying glass.  "Watch them scatter!" .. "Oohh.. we made that one REALLY mad!" ... "HAHAHAHA!" "

Feels like shouting in an empty room.  :'(


Pinocchio

« Reply #651 on: January 15, 2013, 17:09 »
0
I'm astounded at how long it's taking iStock to figure things out.  I guess we're either going to get enough spin to make a whirling dervish look stationary, or there's a serious problem.  The rest of the world knew Google had asked Drive users to propose ThinkStock images as long ago as August 10 last year when a discussion about it started on an Alamy thread that was updated this past weekend.  Seems to me the whole stock world is watching this drama unfold.

Regards

« Reply #652 on: January 15, 2013, 19:41 »
0
After all did some make phone call with them iS or Gredd y or Google?

« Reply #653 on: January 15, 2013, 19:45 »
0
we have waited more to be born but ain't this a little too much? ::)

lisafx

« Reply #654 on: January 15, 2013, 19:45 »
0
After all did some make phone call with them iS or Gredd y or Google?

Istock no longer accepts phone calls from contributors  ::)

Not sure about Getty or Google, but I imagine it would be difficult to get through to anyone above entry level receptionist.  Letter from an attorney might be the way to go IMO. 

EmberMike

« Reply #655 on: January 15, 2013, 19:59 »
0
I'm astounded at how long it's taking iStock to figure things out...

Really? Are you really?

;)

« Reply #656 on: January 15, 2013, 20:00 »
0
At the end who is guilty IS or Greedy?

lisafx

« Reply #657 on: January 15, 2013, 20:13 »
0
New thread started by Mr Erin seems to indicate that there is some movement and they are working with Getty to amend this deal:

http://www.istockphoto.com/forum_messages.php?threadid=350613&page=1

Weve heard you, and we've met with Google and are working with them to refine the implementation which we believe will address some of the concerns raised over the past several days--including copyright ownership.

Implementation aside, our goal is to do the best deals for Getty Images, iStockphoto and our contributors for the more than one million customers we service on an annual basis.

We want to stress that we realize the importance of copyright law, compliance and enforcement to our collective futures. Getty Images is a leader within our industry in advancing these ideas - including active participation in the legislative and government regulatory processes with numerous governing bodies around copyright issues. We also acquired and continue to invest aggressively in the PicScout ImageIRC platform to provide technical solutions for copyright compliance and we look forward to sharing new developments with you as this evolves.


Then he goes on to repeat the bullet points we've all seen at the top of the last thread. 

EmberMike

« Reply #658 on: January 15, 2013, 20:22 »
0

Sorry if this is already discussed here and I missed it, but does anyone know if there is any way to know which images are included in this program?


ShadySue

  • There is a crack in everything
« Reply #659 on: January 15, 2013, 20:25 »
+1
Not much new. The copyright paragraph is a rehash of what he wrote in his OP to the other thread.
"That said, we are very aware that copyright enforcement is vital to the future of our business, Getty Images purchased PicScout and the Image IRC and we continue to develop new methods for copyright protection on behalf of our contributors and partners, many of which could help this platform and others like it improve in this way over time. "
The only new information is that they are 'working with Google to refine the implmentation', which is a bit like locking the stable door after the horse has bolted.

And they only "believe" this will address only "some" of the concerns raised over the past several days.

Why on earth did it take a wave of protest from the contributors to 'refine the implementation'. Don't they have their inhouse team of IP specialists and lawyers who should have refined the t&c with a very fine toothcomb before the deal was fixed?

This is the problem with a team of suits and bean counters who are not suppliers. They should have at least two suppliers nominated by the contributing community to monitor the interests of the suppliers, and even to pre-liaise with us, when these deals are being brokered.

I'd scream for SuperSean.
« Last Edit: January 15, 2013, 20:35 by ShadySue »

« Reply #660 on: January 15, 2013, 20:25 »
+1
New thread started by Mr Erin seems to indicate that there is some movement and they are working with Getty to amend this deal:

http://www.istockphoto.com/forum_messages.php?threadid=350613&page=1

Weve heard you, and we've met with Google and are working with them to refine the implementation which we believe will address some of the concerns raised over the past several days--including copyright ownership.

Implementation aside, our goal is to do the best deals for Getty Images, iStockphoto and our contributors for the more than one million customers we service on an annual basis.

We want to stress that we realize the importance of copyright law, compliance and enforcement to our collective futures. Getty Images is a leader within our industry in advancing these ideas - including active participation in the legislative and government regulatory processes with numerous governing bodies around copyright issues. We also acquired and continue to invest aggressively in the PicScout ImageIRC platform to provide technical solutions for copyright compliance and we look forward to sharing new developments with you as this evolves.


Then he goes on to repeat the bullet points we've all seen at the top of the last thread.


Discussions with Google now is just shutting the gate after the horse has bolted.

 The fine print on that deal is so fine and so unrestricted, the average Google user won't read it, and if they did wouldn't understand it. And it's so wide that if they did understand it they can still do pretty much what they like with the images.

Having an image in that deal would require a total payout of the value of the image over its expected stock lifetime to be reasonable. Even if it did have metadata attached so it wasn't legally orphaned, with what can be done to it through Google under the EULA, and what is likely to be done to it by people who don't understand copyright it's a dead image as far as your ability to be able to get return on your own copyright.

For istock to go forward from this they need to give a cast iron guarantee that they would never give away contributors IP like this again. And I wouldn't believe any statement they made could be that cast iron after the number of times they have gone back on things.
« Last Edit: January 15, 2013, 20:44 by Susan S. »

lisafx

« Reply #661 on: January 15, 2013, 20:26 »
0

Sorry if this is already discussed here and I missed it, but does anyone know if there is any way to know which images are included in this program?


Sean Locke has downloaded them all and made a searchable list.  You can search on your last name (or the last name of other artists) to see if your images were included. 

http://seanlockephotography.com/googleImages/

ShadySue

  • There is a crack in everything
« Reply #662 on: January 15, 2013, 20:27 »
0

Sorry if this is already discussed here and I missed it, but does anyone know if there is any way to know which images are included in this program?

http://seanlockephotography.com/googleImages

Beat me, Lisa!  :)

lisafx

« Reply #663 on: January 15, 2013, 20:30 »
0

Sorry if this is already discussed here and I missed it, but does anyone know if there is any way to know which images are included in this program?

http://seanlockephotography.com/googleImages

Beat me, Lisa!  :)


:D

« Reply #664 on: January 15, 2013, 20:34 »
0
Who sign this kind of contract with Google? Dont Tell me that sign is from greddys new gofer who need to prove himself that he can walk over corpses. Kelly Konjson?
Sorry for my late in I was on winter vacation
wasnt similar story last year from they side how to screw us even more...

« Reply #665 on: January 15, 2013, 20:38 »
+1
All I get from mr_erin's statement is that IS is trying, retroactively, to be sure they have themselves covered from a legal standpoint  - so that any copyright violations are demonstrably not IS's fault.  Photographers not being paid for uses of their work - and losing uncounted future sales of those images - isn't even mentioned.   

And he points out that the number of photographers ripped off in this current deal is small - in his frame of reference anyway.  Wow that's great.  Even if there's no assurance there won't be another, bigger, deal next month.
« Last Edit: January 15, 2013, 20:42 by stockastic »

« Reply #666 on: January 15, 2013, 20:39 »
0

Sorry if this is already discussed here and I missed it, but does anyone know if there is any way to know which images are included in this program?


This is a searchable text file Sean put together - not all of the files have info in them, but it's much faster to work with searching text than visually scanning thumbnails.

« Reply #667 on: January 15, 2013, 20:41 »
+1
I'm astounded at how long it's taking iStock to figure things out.  I guess we're either going to get enough spin to make a whirling dervish look stationary, or there's a serious problem.  The rest of the world knew Google had asked Drive users to propose ThinkStock images as long ago as August 10 last year when a discussion about it started on an Alamy thread that was updated this past weekend.  Seems to me the whole stock world is watching this drama unfold.

Regards

I believe there is a serious problem. It's kind of obvious to me, but other signs, apart from iStock taking very long time to respond is that we haven't seen any posts at all from some very serious contributors that participate both in micros and macros... which can only mean they've lawyer-ed up.

« Reply #668 on: January 15, 2013, 20:45 »
+2
The new statement doesn't really help much.

The mantra - "we've heard you" now sounds very much like "...your business is very important to us. Please hold for the next available operator..." to me. I don't give a sh*t if you've heard me if you go on acting the way you acted before you heard me.

So the deal was done over the fall and summer. They didn't think it was worth sharing with iStock contributors as "good news". A month after it goes live, Sean starts a thread to ask and they scurry around trying to find details they can share with us.

Now, with a deal long-since inked and images long-since released, they are going to do something about contributor concerns?

How about replace all the content for iStock contributors with wholly owned Getty content in the Google stock library? How about give Google a couple of thousand extra Getty wholly owned images for their troubles?

How about an opt in for any future deals. All off by default, but anyone who wants to opt in can choose to do so. And if they find no one wants to opt in for a $12 royalty, then perhaps they can improved the terms.

They just tried to stick a pacifier in contributors' collective mouths IMO

ShadySue

  • There is a crack in everything
« Reply #669 on: January 15, 2013, 20:46 »
0
Has anyone addressed the issue of Google Drive itself?
I'd never heard of it until this furore broke out, but according to CNET:
http://news.cnet.com/8301-1023_3-57420551-93/who-owns-your-files-on-google-drive
Google Terms:
"Your Content in our Services: When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.

    The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services (for example, for a business listing that you have added to Google Maps)."


The last sentence makes all the difference. While these rights are limited to essentially making Google Drive better and to develop new services run by Google, the scope is not defined and could extend far further than one would expect.

Simply put: there's no definitive boundary that keeps Google from using what it likes from what you upload to its service.

Having said that, it also states:
"Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours."

According to its terms, Google does not own user-uploaded files to Google Drive, but the company can do whatever it likes with them"


(article goes on to opine that Google's lawyers would probably prevent them incurring a lawsuit by pushing this too far)

This content includes any materials uploaded using the recent ingestion of Getty family images.

Isn't that the exact sort of terms which on other sites precludes exclusives using them?
« Last Edit: January 15, 2013, 20:50 by ShadySue »

« Reply #670 on: January 15, 2013, 20:54 »
+1
New thread started by Mr Erin seems to indicate that there is some movement and they are working with Getty to amend this deal:

http://www.istockphoto.com/forum_messages.php?threadid=350613&page=1

Weve heard you, and we've met with Google and are working with them to refine the implementation which we believe will address some of the concerns raised over the past several days--including copyright ownership.

Implementation aside, our goal is to do the best deals for Getty Images, iStockphoto and our contributors for the more than one million customers we service on an annual basis.

We want to stress that we realize the importance of copyright law, compliance and enforcement to our collective futures. Getty Images is a leader within our industry in advancing these ideas - including active participation in the legislative and government regulatory processes with numerous governing bodies around copyright issues. We also acquired and continue to invest aggressively in the PicScout ImageIRC platform to provide technical solutions for copyright compliance and we look forward to sharing new developments with you as this evolves.


Then he goes on to repeat the bullet points we've all seen at the top of the last thread.


To my reading it's starting to sound as if it may be a major cock-up. Perhaps somebody agreed to something, possibly chasing a bonus target, when they didn't understand (or care about) the implications. Why otherwise would Istock/Getty be 'meeting with Google' when it is a done deal that was supposedly a win-win-win for all concerned?

At this point I'm favouring cock-up over conspiracy although possibly that's the optimist in me. It simply didn't make any business sense from the start, other than for Google. Hopefully we'll find out before D-Day.

lisafx

« Reply #671 on: January 15, 2013, 20:55 »
0

I believe there is a serious problem. It's kind of obvious to me, but other signs, apart from iStock taking very long time to respond is that we haven't seen any posts at all from some very serious contributors that participate both in micros and macros... which can only mean they've lawyer-ed up.

Yep.  This is EXACTLY how I interpret it too.  If I find any of mine in this or similar deals I'll be lawyering up too.  :)

« Reply #672 on: January 15, 2013, 21:05 »
0
:
« Last Edit: January 15, 2013, 21:08 by gostwyck »

« Reply #673 on: January 15, 2013, 21:08 »
-1
I'm astounded at how long it's taking iStock to figure things out.  I guess we're either going to get enough spin to make a whirling dervish look stationary, or there's a serious problem.  The rest of the world knew Google had asked Drive users to propose ThinkStock images as long ago as August 10 last year when a discussion about it started on an Alamy thread that was updated this past weekend.  Seems to me the whole stock world is watching this drama unfold.

Regards

I believe there is a serious problem. It's kind of obvious to me, but other signs, apart from iStock taking very long time to respond is that we haven't seen any posts at all from some very serious contributors that participate both in micros and macros... which can only mean they've lawyer-ed up.

Again, to me, the delay is far more indicative of a mistake that they are trying to extract themselves from rather than a deliberate and major change in policy. If the latter had been the plan then we should have expected a carefully worded statement, issued at the time, of how beneficial to all the new policy would be. Nothing like that has happened.


« Reply #674 on: January 15, 2013, 21:12 »
0
Quote
License information: Under the agreement, Google has a bespoke EULA to allow these images to be used by Google users through the Google Drive platform. Users of this platform are granted rights to place this imagery in content created using Google Docs, Google Sites, and Google Presentations and these end uses can be for commercial purposes; however, users are not granted rights to use this imagery outside of Google Drive created content and Google users have no rights to redistribute image files outside of the context in which theyre used

Can be used for commercial purposes is bad enough but it doesn't even state the scope of those 'purposes'. I like the way they try to spin it by saying that they can't use the imagery in non google drive stuff - when they can use whatever they've created with google for whatever purpose they want.


 

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