MicrostockGroup Sponsors


Author Topic: IS Canister Grandfathering Requires Exclusivity Commitment  (Read 17618 times)

0 Members and 1 Guest are viewing this topic.

« Reply #25 on: January 04, 2010, 09:20 »
0
"E. You have given the applicable termination notice to all entities (other than iStockphoto) that license or otherwise distribute what would otherwise be your Exclusive Content, however you are unable to comply with the Exclusive ASA until certain notice periods expire, which dates are following January 11, 2010."

As I read this, you would need to notify and terminate or start the process by 1.11.10 .  That and this :

"You agree to be in full compliance with the Exclusive ASA, including application and acceptance as an Exclusive member of iStockphoto.com by not later than August 1, 2010"

... does seem to indicate that cclapper is correct - "we do not have to remove our content from the other sites until the last moment. BUT, we must give all sites notice that we are going to become exclusive. At least that's how I'm reading 2. and 3. This form must be submitted by Jan. 11 and we have to attach proof that we have already given the other sites notice."

I dunno.  Not how I would have put it all together.


« Reply #26 on: January 04, 2010, 10:40 »
0
Me neither.

Giving IS intent on becoming exclusive by Jan. 11, and upholding obligations re: notice to other sites and pulling down images and complying with IS's exclusivity agreement by Aug., grandfathering of the canister would be expected. If obligations were not upheld per their exclusivity terms and one decided NOT to go exclusive, then things would remain as they are for the contributor at IS in Aug., with the new canister levels in effect.

I just don't think it wise to have to notify all the other sites by Jan. 11. It is unnecessary. If one's longest contract is up in, say March, then that site shouldn't need to be notified until then. As long as intent is sent to IS by Jan. 11, and all images are pulled from other sites by Aug., then canister grandfathering should be allowed.

lisafx

« Reply #27 on: January 04, 2010, 11:38 »
0
To those exclusives who don't think there will be damage to the relationship with the other agencies once somebody declares their intentions to pull all images, you obviously have never dealt with the other agencies.  There will be repercussions. 

Personally, I don't qualify for the August deadline, so it is a moot issue.  Even if I did, I would rather blow off black diamond and keep my options open.

« Reply #28 on: January 04, 2010, 13:22 »
0
You guys are making the assumption that there is individual contributor level control in the search results, which is highly unlikely as it would probably require a pretty big load on the servers to do that kind of adjustment specific to each contributor.  The biggest issue I see might be Fotolia, who might drop you right away.

In Lisa's case, I'd like to point out that the document states that iStock is under no obligation to grandfather the canister if you can't get free until after August 1st.  That doesn't mean they still won't do it.  Might be worthwhile to see if they can be flexible for that date for your specific circumstances Lisa.

I think everyone else is worrying too much over what the other companies might do.  I just can't convince myself they have the will or ability for retribution via search placement.  Contractual agreements might also prevent them from cutting off the relationship earlier than the date you specified, let alone the bad word of mouth they might get among potential new contributors. 

lisafx

« Reply #29 on: January 04, 2010, 13:44 »
0

In Lisa's case, I'd like to point out that the document states that iStock is under no obligation to grandfather the canister if you can't get free until after August 1st.  That doesn't mean they still won't do it.  Might be worthwhile to see if they can be flexible for that date for your specific circumstances Lisa.



I guess I will find out if/when they respond to the support ticket I sent last week.  To be honest I am not going to sweat it too much.  There is no real value to BD at this point - beyond bragging rights ;)

traveler1116

« Reply #30 on: January 05, 2010, 06:00 »
0
They told me in a message from support:
"Thank you very much for your message.

You will need to be exclusive before the change takes place February 24th. If you are exclusive at the time of change, yes, your level will be grandfathered in.

Please let us know if you have any questions."

KB

« Reply #31 on: January 05, 2010, 10:33 »
0
They told me in a message from support:
"Thank you very much for your message.

You will need to be exclusive before the change takes place February 24th. If you are exclusive at the time of change, yes, your level will be grandfathered in.

Please let us know if you have any questions."
What?

But that's 100%, positively, WRONG, based on everything we've read in this thread.

I don't get it. I thought iStock support was always among the very best. Yet they can't get this very simple yet vital point figured out?

« Reply #32 on: January 05, 2010, 11:00 »
0
But that's 100%, positively, WRONG, based on everything we've read in this thread.

Please realize I don't know any more than anyone else here and this is strictly my opinion, but maybe that grandfathering offer is different for different people? Maybe it depends on the size of your port, subject matter, number of downloads, etc.? That's one reason I can see for different people getting different answers.

IS has never been transparent. They lock threads and/or delete them when you ask too many questions, they have in the past insisted that exclusives don't get special treatment other than what they make public, but we all know how the best match changes, etc. They keep their business pretty close to their chest. We know what they want us to know. If I were going to be silly, I would even say that when a person becomes exclusive, they must sign a code of honor that forbids them from speaking and revealing all of Getty's internal secrets or a curse will be cast upon them. (I am kidding here, people)

I can't say that I find one person's answer to the inquiry different than someone else's all that surprising. And to be fair to IS, if I were requesting that canister grandfathering, I would hope that my past performance, portfolio, etc. would be evaluated differently than, say, a person with 20 images in their port and no downloads. There is a caste system at IS and it is just the way the game is played. You're either on board with the games, or you're not. They are looking for the best contributors. Like it or not, some folks are going to be disqualified and sent to the bench.

Heck I don't even know if I were to apply for exclusivity, I would get it. It's not like I'm an sjlocke or anything. :)
« Last Edit: January 05, 2010, 11:02 by cclapper »

KB

« Reply #33 on: January 05, 2010, 11:43 »
0
f I were going to be silly, I would even say that when a person becomes exclusive, they must sign a code of honor that forbids them from speaking and revealing all of Getty's internal secrets or a curse will be cast upon them. (I am kidding here, people)
Actually, I doubt that's silly at all. I would expect that the exclusivity agreement contains wording to that effect. I know that when I worked for a major corporation, they had verbiage in my employment contract that specifically forbade me against revealing trade secrets, confidential information, etc. And they were very serious about it.

I hadn't thought that they might treat different contributors differently. Perhaps they do indeed do that, but I'd rather hoped they didn't.

« Reply #34 on: January 05, 2010, 12:40 »
0
I can't say that I find one person's answer to the inquiry different than someone else's all that surprising. And to be fair to IS, if I were requesting that canister grandfathering, I would hope that my past performance, portfolio, etc. would be evaluated differently than, say, a person with 20 images in their port and no downloads. There is a caste system at IS and it is just the way the game is played. You're either on board with the games, or you're not. They are looking for the best contributors. Like it or not, some folks are going to be disqualified and sent to the bench.

Heck I don't even know if I were to apply for exclusivity, I would get it. It's not like I'm an sjlocke or anything. :)

I would guess that support is incorrect in this case.  It would make sense for the offer of "holding" exclusivity at current levels for people with commitments to be even across the board.  I don't see the advantage to saying this for him and that for her.  I would contact support again.

« Reply #35 on: January 05, 2010, 23:05 »
0
What's happening? Has anyone applied?

traveler1116

« Reply #36 on: January 06, 2010, 01:28 »
0
They told me in a message from support:
"Thank you very much for your message.

You will need to be exclusive before the change takes place February 24th. If you are exclusive at the time of change, yes, your level will be grandfathered in.

Please let us know if you have any questions."
What?

But that's 100%, positively, WRONG, based on everything we've read in this thread.

I don't get it. I thought iStock support was always among the very best. Yet they can't get this very simple yet vital point figured out?
I'm going forward with exclusivity based on this email from support.  Hopefully anyone else considering exclusivity would get the same treatment.

abimages

« Reply #37 on: January 06, 2010, 04:18 »
0
I made the decision to go exclusive before this issue kicked off. Luckily I can meet the Feb deadline.
I have also received confirmation from support that I will be grandfathered if I apply before the Feb cut-off date. :)

« Reply #38 on: January 06, 2010, 08:26 »
0
After rereading traveler's email from IS support, it makes sense that some would receive that type of email and others the one I posted earlier. If someone is all ready to go exclusive (meaning they had already given DT their notice and are at the tail end of their term, etc) and can do so by Feb. 24, there isn't any need for them to get the long email...that email is only for people who have commitments they can't get out of by Feb.

Quote
But that's 100%, positively, WRONG, based on everything we've read in this thread.

No, that's also what the long email says too. One email is for those who have already fulfilled their other commitments (if they had any) and are all ready to go exclusive. The other long email with the pdf is for those who can't make it to exclusivity by Feb. 24, but want to be grandfathered in.

KB

« Reply #39 on: January 06, 2010, 12:49 »
0
After rereading traveler's email from IS support, it makes sense that some would receive that type of email and others the one I posted earlier. If someone is all ready to go exclusive (meaning they had already given DT their notice and are at the tail end of their term, etc) and can do so by Feb. 24, there isn't any need for them to get the long email...that email is only for people who have commitments they can't get out of by Feb.
You're absolutely right; I hadn't thought of that.

Thank you, Cathy.

« Reply #40 on: January 06, 2010, 15:24 »
0
What is "canister grandfathering"?

abimages

« Reply #41 on: January 06, 2010, 15:49 »
0



lisafx

« Reply #44 on: January 06, 2010, 19:03 »
0
As opposed to "grandfather canistering":
http://bit.ly/5gIUSl


ROFL!  ;D

« Reply #45 on: January 07, 2010, 00:12 »
0
As opposed to "grandfather canistering":
http://bit.ly/5gIUSl


 :D  ;D Good thing you weren't in the same room when I read that, otherwise you would have urned yourself a poke in the arm  ::)

« Reply #46 on: January 07, 2010, 09:06 »
0
What is "canister grandfathering"?

http://www.istockphoto.com/forum_messages.php?threadid=151691&page=1


Ok, it says:
Quote
Current contributors will be grandfathered in to their existing levels. So if you have 15,000 downloads when the change happens, you will remain at your gold canister for the purposes of upload limits and Exclusive royalties. No contributor will drop a level.


So what is the discussion about "exclusivity"? I am bronze non-exclusive and will remain bronze, right?

« Reply #47 on: January 07, 2010, 09:15 »
0

So what is the discussion about "exclusivity"? I am bronze non-exclusive and will remain bronze, right?

It means that if you email IS before 11th Jan, expressing your intention to go exclusive asap, then you will still get your Silver canister at 2500 DL's and the extra commission that goes with it. Otherwise you'll have to wait until you have 5000 DL's for Silver.

« Reply #48 on: January 07, 2010, 09:37 »
0

So what is the discussion about "exclusivity"? I am bronze non-exclusive and will remain bronze, right?

It means that if you email IS before 11th Jan, expressing your intention to go exclusive asap, then you will still get your Silver canister at 2500 DL's and the extra commission that goes with it. Otherwise you'll have to wait until you have 5000 DL's for Silver.

It's not as simple as an e-mail expressing intention to go exclusive.  You must send termination notice to all other agencies. 

« Reply #49 on: January 07, 2010, 09:42 »
0
Quote
It's not as simple as an e-mail expressing intention to go exclusive.  You must send termination notice to all other agencies. 

Read the beginning of this topic and about halfway through...it shows you the content of the pdf that you must fill out with your request for exclusivity.


 

Related Topics

  Subject / Started by Replies Last post
16 Replies
6188 Views
Last post February 21, 2008, 14:33
by sharply_done
14 Replies
5990 Views
Last post March 27, 2009, 08:09
by Milinz
11 Replies
4368 Views
Last post August 24, 2017, 13:09
by YadaYadaYada
11 Replies
4105 Views
Last post January 20, 2018, 06:45
by namussi
65 Replies
3011 Views
Last post September 03, 2021, 10:57
by For Real

Sponsors

Mega Bundle of 5,900+ Professional Lightroom Presets

Microstock Poll Results

Sponsors

3100 Posing Cards Bundle