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Author Topic: PP Sales Anxiety  (Read 89277 times)

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« Reply #600 on: July 25, 2013, 16:58 »
0
Right now, June PP is about 20% down on other low-season months, so I hope the reporting is not over yet.

I'm 20-25% down on June PP earnings too.

June PP $ are about what I expected, but May is only half my regular PP earnings. Hard to believe the May payout could be complete..


ShadySue

  • There is a crack in everything
« Reply #601 on: July 25, 2013, 17:45 »
0
I cannot believe there is no legal recourse if an artist's representative does not pay the people it represents. But now that a dozen or so people have piped up about missing payments on the same days, I'm hoping iStock takes a serious look at the PP sales for June again.

In any case, there are extra-legal recourses.
What I was looking for when I got distracted on the 'group action thing' was I'm sure I've read somewhere that contributors can request, at their own expense, some sort of audit of their account.
But if they were being deliberately dishonest (I'm not saying they are, more likely it's just incompetence), they'd surely fudge things so much you'd hardly be able to trust an audit.

« Reply #602 on: July 25, 2013, 20:31 »
0
But they're owned by Getty...a U.S. corporation. Wouldn't a class-action suit in the U.S. be doable?
We signed that our contract is governed under Alberta/Canadian law.
ASA 15a:
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. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

In any case, (1) we don't all live in the US.
In any case (2) How long would it take for a class action suit to be heard, and how much would it cost? No doubt they would manage to pony up the day before the court case, even if they hadn't done it before.
I was looking for something completely different in the ASA, but I found this in the Indie ASA, point 15b, ironically just below the above and I didn't notice:
"You agree to waive any right you may have to (i) trial by jury; and (ii) to commence or participate in any class action against iStockphoto related to the Site or this Agreement."
Presumably that is a valid waiver under Canadian Law - you can bet your bottom $Can that iStockLawyer has been all over it with a fine toothcomb. It would be legal in Scotland (maybe the UK?) as we can't sign away our legal rights.

I cannot believe there is no legal recourse if an artist's representative does not pay the people it represents. But now that a dozen or so people have piped up about missing payments on the same days, I'm hoping iStock takes a serious look at the PP sales for June again.

In any case, there are extra-legal recourses.

I seem to recall that the membership agreement allows us to have an audit carried out to ensure that the payments we receive are correct. Or maybe that is some other site. But I think it is iS. I don't memorise these agreements, I just note that they generally mean we have no rights which is why the audit option stuck in my memory.

« Reply #603 on: July 25, 2013, 22:06 »
0
It's the Getty contract that has the audit provision. It's at their offices, and you pay for the cost unless it uncovers you've been underpaid by more than a certain percentage. You can only have an audit every so often (I think it's once a year) and you have to give them notice (60 days I think).

It seemed pretty toothless and potentially very costly - as I'm sure they intended it should be to discourage people from requesting them.

I don't think the IS ASA has ever had any sort of audit provision - and given their difficulties with keeping track of payments and refunds, it may be that it would be impossible to do one.

lisafx

« Reply #604 on: July 25, 2013, 22:56 »
-1
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days. 

tab62

« Reply #605 on: July 25, 2013, 23:19 »
0
Me too...

« Reply #606 on: July 25, 2013, 23:49 »
0
Me three; the same four days in June.

« Reply #607 on: July 25, 2013, 23:51 »
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Up to now all my May and June PPs were from TS, but in the last couple of hours I've had three from photos.com come through, in May and June.  Maybe one glitch missed photos.com entirely.

« Reply #608 on: July 26, 2013, 00:17 »
+1
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

It was posted about an hour ago that there was an issue identified with the days June 8, 9, 21, 30.  They're going to go over all the logs of June payments. 

« Reply #609 on: July 26, 2013, 00:31 »
+1
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

It was posted about an hour ago that there was an issue identified with the days June 8, 9, 21, 30.  They're going to go over all the logs of June payments.

Maybe they should just go over all the other days too while they are at it...

« Reply #610 on: July 26, 2013, 02:58 »
+1
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

There are definitely missing days.. I don't remember having "zero dl days" even during Christmas time.. my days roughly matches yours.. (haven't compared one by one)


ShadySue

  • There is a crack in everything
« Reply #611 on: July 26, 2013, 05:08 »
0
It's the Getty contract that has the audit provision. It's at their offices, and you pay for the cost unless it uncovers you've been underpaid by more than a certain percentage. You can only have an audit every so often (I think it's once a year) and you have to give them notice (60 days I think).

It seemed pretty toothless and potentially very costly - as I'm sure they intended it should be to discourage people from requesting them.

I don't think the IS ASA has ever had any sort of audit provision - and given their difficulties with keeping track of payments and refunds, it may be that it would be impossible to do one.
Thanks for clearing that up, Joanne.

« Reply #612 on: July 26, 2013, 09:30 »
+2
Almost there...let us hope IS will learn from this shambolic episode and execute our July PP in a swift and efficient manner. I am an optimist, it has to be said....but I've also been kown to wander down to the local pond and throw bread to imaginary ducks.

lisafx

« Reply #613 on: July 26, 2013, 11:22 »
0
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

It was posted about an hour ago that there was an issue identified with the days June 8, 9, 21, 30.  They're going to go over all the logs of June payments.

Thanks Karen.  Good to know they have acknowledged it. 

tab62

« Reply #614 on: July 26, 2013, 19:19 »
0
looks much better now  ;)

Thanks for all of you letting us know what is due...

T

« Reply #615 on: July 27, 2013, 09:26 »
0
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

I don't get PP sales EVERY day but I do have one for June 9 & another for June 30.

None on any of the other dates you gave.

« Reply #616 on: July 27, 2013, 10:30 »
0
I just 0,12 USD shown as PP sale for 1st of APRIL  :o What's that? Anyone else? Any explanation?

« Reply #617 on: July 27, 2013, 11:23 »
0
I just 0,12 USD shown as PP sale for 1st of APRIL  :o What's that? Anyone else? Any explanation?

a special April Fools joke from Getty?

lisafx

« Reply #618 on: July 27, 2013, 14:49 »
0
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

I don't get PP sales EVERY day but I do have one for June 9 & another for June 30.

None on any of the other dates you gave.

Thanks for the info.  Seems like they may have been busy between when I typed that yesterday and when you replied today. 

FWIW, I have had sales every day in PP since joining almost 2 years ago, so when a bunch of us didn't have sales on the same 4 days, that's significant. 

WarrenPrice

« Reply #619 on: July 27, 2013, 15:01 »
0
I'm missing the 16th and 18th of May, along with the 8th, 9th, 21st and 30th in June. 

There must still be some glitch if we are all missing the same days.

I don't get PP sales EVERY day but I do have one for June 9 & another for June 30.

None on any of the other dates you gave.

Thanks for the info.  Seems like they may have been busy between when I typed that yesterday and when you replied today. 

FWIW, I have had sales every day in PP since joining almost 2 years ago, so when a bunch of us didn't have sales on the same 4 days, that's significant.

Have your PP Sales concluded, Lisa?

lisafx

« Reply #620 on: July 27, 2013, 15:20 »
+2
Have your PP Sales concluded, Lisa?

Looks like they have.  Sales showing now for every day and the totals are right in line with recent months.   They look concluded as far as I can tell. 

« Reply #621 on: July 27, 2013, 15:50 »
+2
Looks like they have.  Sales showing now for every day and the totals are right in line with recent months.   They look concluded as far as I can tell.

Yep, same here.

gillian vann

  • *Gillian*
« Reply #622 on: July 27, 2013, 16:13 »
0
I just 0,12 USD shown as PP sale for 1st of APRIL  :o What's that? Anyone else? Any explanation?
ditto

« Reply #623 on: July 27, 2013, 17:35 »
+2
Seems Getty are now delaying some payments to flickr contributors.....

« Reply #624 on: July 28, 2013, 00:23 »
+1
May and June look like normal months now as far as PP are concerned (June was awful for IS sales though).


 

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