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Author Topic: Poor start to 2014  (Read 17137 times)

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« Reply #75 on: January 28, 2014, 12:48 »
0
So it is my own fault that is is playing games with me, and abuse me.
Im too stupid and have not read the terms.

Right so. So I am.
Im stupid.

And  Is is just another one of those companies you should be aware of.
And that I will be.

Beware of Nigerian scams, Russian mail order brides, Istock photo and things from South Sudan.





donding

  • Think before you speak
« Reply #76 on: January 28, 2014, 12:51 »
+1
Facts are that they sold my pictures 8 months after I deleted them.
Thats a fact, friends.

Dont wrap it up in excuses and conditions.

It IS foul play.

You might want to see if they changed your account name. A year after I deleted my port there, they changed my user name to dondingclosed....or dondingdelete....something like that. I had made over $100.00 in sales. I just happen to find one of my photos by doing a tineye search and found that my account was still open, but under a different user name. I did finally get my money and the account removed, but if I hadn't done that tineye search I would have never found that my account name had been changed and they were still selling my photos. It could be something like that.

« Reply #77 on: January 28, 2014, 12:57 »
0
it IS foul play and it is not legal.

ShadySue

  • There is a crack in everything
« Reply #78 on: January 28, 2014, 13:03 »
0
it IS foul play and it is not legal.
Can you explain why it would be illegal?
If you deactivate your files from iStock, how are they supposed to guess you want to remove your files from partner sites if you chose not to tell them?
Who would even know that you'd deactivated your files from iStock?

Step back, take a deep breath, then go and formally ask CR to delete your account there. They will give you a timescale as to when your files should be removed from all partner sites, after which you should be paid.

Donding's case is quite different, and that is much more likely to have been illegal.

« Reply #79 on: February 01, 2014, 14:15 »
+3
I think a ton of people will be dropping the crown in the coming months. They really have no choice.
Jasmine, some people don't have to make this difficult decision.
They already started uploading exclusive content somewhere else without dropping the crown.

« Reply #80 on: February 01, 2014, 15:27 »
0
it IS foul play and it is not legal.
Can you explain why it would be illegal?
If you deactivate your files from iStock, how are they supposed to guess you want to remove your files from partner sites if you chose not to tell them?
Who would even know that you'd deactivated your files from iStock?

Step back, take a deep breath, then go and formally ask CR to delete your account there. They will give you a timescale as to when your files should be removed from all partner sites, after which you should be paid.

Donding's case is quite different, and that is much more likely to have been illegal.
They have provided the channel, they can close it again. My relationship with is is via their homepage, and do not tell me anything else.
It is their job to keep track of affiliates they have spawned themselves.
Its plain and simple: I upload a file and they sell it, they are salesmen, with fancy programs.
I delete the file, then they cannot sell it anymore. Nowhere. If they do, then it is because they copy copies.
Thats how copyright works. You own the right to distribute your work. Noone else do, and they cannot write it into contracts.


« Reply #81 on: February 01, 2014, 15:34 »
0
And the good news is that my grandfather, the royalty rate of 2013, has turned up and is making a welcomed improvement to the stats, although I'm still way down on last year.

Oh, thanks for posting.  Just checked and mine's back up too.  Wonder if/when we can expect to be reimbursed for the back money we're owed as a result of this bug.

Exactly.  Could be more than the clawback from the PP debacle.

ShadySue

  • There is a crack in everything
« Reply #82 on: February 01, 2014, 15:41 »
0
Thats how copyright works. You own the right to distribute your work. Noone else do, and they cannot write it into contracts.
Take it up with iStockLawyer.
Contract pont 3a
"The Supplier hereby appoints iStockphoto as Supplier's non-exclusive distributor to sell, license, or sublicense Content to third parties worldwide and to collect and remit funds in connection with those endeavours on the terms set forth in this Agreement.
For all Content, Supplier grants iStockphoto:
...The right to grant perpetual, worldwide and non-exclusive licenses or sublicenses to end-users. iStockphoto and its Distribution Partners will determine the terms and conditions of all licenses of Content granted by them."


and point 11a:
"Term and Termination
    This Agreement is effective until terminated. You may terminate this Agreement at any time by giving thirty (30) days written notice to iStockphoto using [email protected] or such other means of written notice acceptable to iStockphoto which enables confirmation of your identity and your intention to terminate. "


You could put the $100 they 'illegally' earned you towards your legal fees.
Good luck.
« Last Edit: February 01, 2014, 15:44 by ShadySue »

« Reply #83 on: February 01, 2014, 16:21 »
0
Sue. You must realize, that it is common that companies writes things on paper that does not hold water.
There are contracts, eventually with istock,  they are binding in many ways becaus both parties signed them.

But they are not laws.
I stock does not make the laws of the world, and thank God for that.
I stock as well as I are subject to the Kings, Queens or the presidents law.
One of these laws are the law about copyright, which states that a creator has the right to distribute his work.
NO contract in the world can overrule that.


ShadySue

  • There is a crack in everything
« Reply #84 on: February 01, 2014, 16:35 »
0
I certainly agree that contacts aren't necessarily binding. There is such a thing as unfair contract in UK law, for example
However, iS in this case gave a clear and simple way for someone to teminate their dealings with them, and I doubt if that would be considered unfair.
But as IANAL, you should, as I suggested, take it up with iStockLawyer if you're convinced you've got a case.
I doubt if anyone here can help you. However, I'll do what I can.
Since we signed that
15 a Applicable law
    The Site is controlled, operated and administered by iStockphoto from within the Province of Alberta, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, you acknowledge and agree that this Agreement will be governed under the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada with respect to the subject matter of this Agreement. ...

So, as (y)our contract is bound by the laws of the Province of Alberta, here's a link to 34 pages of Contract Law in Alberta. Happy reading.
http://www.lawcentralschools.ca/wp-content/uploads/2013/01/ContractLawInAlberta.pdf
The section on Unenforceable Contracts begins on page 19. The conditions are Misrepresentation, Mistake, Duress or Undue Influence. Personally, I still don't think you have a snowball's chance in H*ll; but you'll know better, no doubt.
« Last Edit: February 01, 2014, 19:30 by ShadySue »


 

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