MicrostockGroup
Agency Based Discussion => iStockPhoto.com => Topic started by: traveler1116 on November 02, 2010, 14:07
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For anyone who hasn't seen the terms of the Stockys at IS it seems you may be signing up for more than you bargained for...
I'm no lawyer but it looks like IS can resell the images you submit without paying a penny to you, is that right??
the thread at IS: http://www.istockphoto.com/forum_messages.php?threadid=267001&page=8 (http://www.istockphoto.com/forum_messages.php?threadid=267001&page=8)
Quote from "The Stockys" rules:
Each entrant irrevocably grants to iStockphoto the worldwide, royalty-free, unconditional and perpetual right to copy, reproduce, edit, promote, encode, store, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times), the Content, entrant's name, member name, address, image, voice, likeness, statements, biographical material and entry in any and all media now known or hereafter developed throughout the world for any purpose, without limitation, and without additional review, compensation, notice to, permission or approval from the entrant or any other party, unless prohibited by law. Each Contest winner and runner-up may be required, as a condition of receiving any prizes, to grant the aforementioned and other relevant rights to iStockphoto in writing. Once submitted, all Content shall become the physical property of iStockphoto and none will be acknowledged or returned.
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And surprise, surprise, there is still no clarification about this from Istock HQ. I can't believe this is an effort to steal our files from us. However, no admin is jumping in there to nip this in the bud.
ETA: Nipped in the bud
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No, I'm sure it isn't intentional (again). These kinds of rules can easily be written so that granted future usage is contained to things to do with the contest - promotional releases, etc. No need for a wide sweeping rights grab type statement.
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Perhaps they've organized a baptism by fire for the new forum moderator. Sort of like having a new recruit to the mob kill someone to cement their loyalty.
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No, I'm sure it isn't intentional (again). These kinds of rules can easily be written so that granted future usage is contained to things to do with the contest - promotional releases, etc. No need for a wide sweeping rights grab type statement.
It's not that different to the Promotional Use Clause:
http://www.istockphoto.com/popup_promotional_optout.php (http://www.istockphoto.com/popup_promotional_optout.php)
"The iStockphoto Artist Supply Agreements (both exclusive and non-exclusive) allow us to use any Content uploaded to our site for our own marketing and promotional purposes and marketing and promotional purposes of our distribution partners without compensation to you. We use your images, video, flash and illustrations to promote the site, bring in traffic, drive people to portfolios, and ultimately sell more images. Examples of this promotional use include Content for:
1. magazine and on-line advertising for iStockphoto and distribution partners.
2. promotional post-cards and brochures for iStockphoto and distribution partners.
3. co-marketing arrangements where we supply limited free Content to a strategic partner in exchange for our partner directing traffic to our site and/or promoting iStock and distribution partners on their site.
4. tutorial books with accompanying CDs or on-line materials for software such as Photoshop. In these cases, low-res images, videos or illustrations would be available on the CD or for download on the author's or publisher's website. You would get credit something like: "Photo courtesy of iStockphoto, John Smith, Image #99999."
5. free download for use in the steel cage.
We will only use your images for promotional purposes when we think it will benefit us and you. We do everything we can to get your images, video and illustrations in front of the most potential buyers.
Sometimes people have their own reasons for not wanting their Content used. While we would love to be able to use the entire iStock collection for promotion, we will allow members to opt-out from marketing consideration. Please be aware that this is an all or nothing, blanket opt-out. If you opt-out we will not use your images, videos, flash or illustrations for any promotional purposes, internally or externally. The decision is up to you, and we want you to feel secure."
I can't remember for sure, but I suspect by the wording above that this is an opt-out scenario, i.e. the default is that you are opted in. I opted out when they reneged on my contracted terms of %age increase by canister, back in September.
Might be worthwhile everyone checking that they're opted out (if you want to be opted out, that is)
My Account > Preferences > my Uploads.
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It was just posted that the clause should not have been in the contest rules and they are now fixing that.
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Posted By Jokia:
Hey guys, that was a complete oversight on our end - our Legal Counsel thought that had been removed from the Rules. One of our designers is fixing that asap, but we can assure you that you definitely retain copyright to any submissions! Sorry for the confusion!
Glad that's cleared up...I can't wait to see what's gonna be next?
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It was just posted that the clause should not have been in the contest rules and they are now fixing that.
Same old, same old. >:(
Maybe they keep hoping no-one will notice.
Wonder what they're getting away with that no-one has noticed (yet).
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Posted By Jokia:
Hey guys, that was a complete oversight on our end - our Legal Counsel thought that had been removed from the Rules. One of our designers is fixing that asap, but we can assure you that you definitely retain copyright to any submissions! Sorry for the confusion!
Good to know that:
a) their legal counsel thought (not checked - why should they, it only involves $20,000 in cash etc.)
b) a "designer" is fixing a legal document.
c) one retains copyright
d) the files probably will still be used for promotional purposes without compensation.
LOL
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It's not that different to the Promotional Use Clause:
[url]http://www.istockphoto.com/popup_promotional_optout.php[/url] ([url]http://www.istockphoto.com/popup_promotional_optout.php[/url])
That's why I have been opted out of Promotional Use too. But I'd better go check that, maybe that button isn't working right either.
I have seen this type of legal wording on contest rules before, but I still am not going to enter (as if I were going to anyways) a contest whereby I am allowing them all of those rights, even if I do retain copyright.
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its changed now, you keep the copyright, although they can still do anything they wish with it, forever and you cant say no (Just like many other competitions).
interesting that it also applies to "entrant's name, member name, address, image, voice, likeness, statements, biographical material and entry in any and all media now known or hereafter developed throughout the world for any purpose, without limitation, and without additional review, compensation, notice to, permission or approval from the entrant or any other party, unless prohibited by law.
not likely to happen but just for intellectual debate does this mea. they can use any pics of you, your voice? and likeness, financial info etc, forever? "here's a pic of him when he was five..." :). If the winner became a famous actor etc they could keep using images of them to promote getty :)
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It was just posted that the clause should not have been in the contest rules and they are now fixing that.
Same old, same old. >:(
Maybe they keep hoping no-one will notice.
Wonder what they're getting away with that no-one has noticed (yet).
Exactly. These people aren't absolute morons. It completely strains credibility to believe all these money grabs are just a series of unfortunate "mistakes". ::)
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its changed now, you keep the copyright, although they can still do anything they wish with it, forever and you cant say no (Just like many other competitions).
interesting that it also applies to "entrant's name, member name, address, image, voice, likeness, statements, biographical material and entry in any and all media now known or hereafter developed throughout the world for any purpose, without limitation, and without additional review, compensation, notice to, permission or approval from the entrant or any other party, unless prohibited by law.
not likely to happen but just for intellectual debate does this mea. they can use any pics of you, your voice? and likeness, financial info etc, forever? "here's a pic of him when he was five..." :). If the winner became a famous actor etc they could keep using images of them to promote getty :)
Yup. Exactly the things that we always advise people not to accept on competitions from elsewhere. My poor Dad is always giving me cuttings of competitions he'd love me to enter, and I have to try to explain why I wouldn't accept these conditions.
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I wasn't inclined to enter the contest anyway - I'm in an "it's just business" phase at the moment and I can't honestly see any personal benefit from lightboxes with a pile of random files getting promoted.
I have participated in promotional uses in the past - I recall there was a CD with some free images distributed with a magazine several years ago that had one of mine on it. It is a good idea - sometimes, and for the right reasons - to help a business do a giveaway to draw in new business.
However, with these new rules for royalties and the other changes starting January 2011 I think I'll opt out of promotional uses. They're taking so much of the gross anyway, and we're already contributing to all the discount plans they offer, I think they've gotten enough in the way of promotional freebies from contributors.
If a winning image got a lot of exposure in iStock ads, it might not help sales (assuming it was selling well already) as buyers might feel it detracted from their message. But I guess if you really needed $2,000 you might still want to go for it.
The organizational shambles of the rollout of this contest is really embarrassing though.
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The organizational shambles of the rollout of this contest is really embarrassing though.
Laughable it's so pathetic.
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Yes the timing is simply unbelievable ::)
Needless to say the 'Club' members will be canvasing and Creative networks will be hot with activity as we speak!
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It's just me or view and vote process via Stockys site is a pain experience?
In fact, entire site is useless.
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It's just me or view and vote process via Stockys site is a pain experience?
In fact, entire site is useless.
The voting site seems really amateur. Most of the shortlisted people are not new guys but heavy contributors (gold & diamond, etc.) who really need the 2000 bucks, I guess.
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It's just me or view and vote process via Stockys site is a pain experience?
I wouldn't have a clue. It is of no interest whatsoever. If it weren't for this place I would not be aware of it at all.
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It's just me or view and vote process via Stockys site is a pain experience?
In fact, entire site is useless.
It's painfully slow at the moment. I've given up trying to view the nominated files.
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It's just me or view and vote process via Stockys site is a pain experience?
I wouldn't have a clue. It is of no interest whatsoever. If it weren't for this place I would not be aware of it at all.
+1
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Anyone, without even having to log in, can vote...popularity contest anyone?
(And of course there's the well expected bias towards exclusives and clubmembers.)
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It's just me or view and vote process via Stockys site is a pain experience?
I wouldn't have a clue. It is of no interest whatsoever. If it weren't for this place I would not be aware of it at all.
+1
+2
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It's just me or view and vote process via Stockys site is a pain experience?
I wouldn't have a clue. It is of no interest whatsoever. If it weren't for this place I would not be aware of it at all.
+1
+2
+3
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It's just me or view and vote process via Stockys site is a pain experience?
I wouldn't have a clue. It is of no interest whatsoever. If it weren't for this place I would not be aware of it at all.
+1
+2
+3
+4
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It's just me or view and vote process via Stockys site is a pain experience?
I wouldn't have a clue. It is of no interest whatsoever. If it weren't for this place I would not be aware of it at all.
+1
+2
+3
+4
+5
I cant even submit after voting because there was error in viewing Recapcha
God pls take them in advance to short our and their pain
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I a am, as most of you, pissed off by the late changes in IS, and have said so in the past, however i don't quite get this general reject about the stockys thing. Personally i saw this as an opportunity to show our work in the front page, an always welcome publicity (never actually see this as a possibility to win, that's just a formality being an award contest).
It's like SS letting us propose images to show in the front page lightboxes, instead of picking them by hand (i would love that).
I have submitted some images and hopefully some of them may pass the 20 finally selected, if not at least is there a link in the front page that maybe can attract some buyers to my port.
Anyway i don't see this as a bad thing from IS.
Cutting our share, bad; let us promote our port, good.
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I a am, as most of you, pissed off by the late changes in IS, and have said so in the past, however i don't quite get this general reject about the stockys thing. Personally i saw this as an opportunity to show our work in the front page, an always welcome publicity (never actually see this as a possibility to win, that's just a formality being an award contest).
It's like SS letting us propose images to show in the front page lightboxes, instead of picking them by hand (i would love that).
I have submitted some images and hopefully some of them may pass the 20 finally selected, if not at least is there a link in the front page that maybe can attract some buyers to my port.
Anyway i don't see this as a bad thing from IS.
Cutting our share, bad; let us promote our port, good.
so the images that were nominated will be highlighted on the main page? I didnt see anything there now and after clicking the 'stocky' ad on the front page then going to the award page, I lost interest when I didn't see any photos right away. I don't read the rules and all that, I just wanted to see the pics. At this point I don't think that will attract buyers. I doubt most buyers will want to take the time to click through the whole contest information stuff - but -- on the other hand -- if the images are truly going to be highlighted and actually shown on the main page then that is indeed a good promotion tool. Is that what you are saying? they will all get a chance to be directly linked from the main page? or is there actually a direct lightbox link on the main page that I was too A.D.D. to see?
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At this point I don't think that will attract buyers. I doubt most buyers will want to take the time to click through the whole contest information stuff - but -- on the other hand -- if the images are truly going to be highlighted and actually shown on the main page then that is indeed a good promotion tool.
I don't see this as something the normal buyer would even care about. It's just a thing for contributors.
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if the images are truly going to be highlighted and actually shown on the main page then that is indeed a good promotion tool. Is that what you are saying?
That was what i understood when first read the rules, however i see now the 20 images are allready choosen and the vote link is not through an image lightbox but trough the stockys page.
Finally none of my images where selected, and the voting is not very user friendly so itīs not what i was expecting as promotion, however today i have sold an image i propose for the emotionally evocative that didnīt have any sale before in mora than a year, but of course it may be just a coincidence.
Anyway i donīt see this contest thing as a bad thing.
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... if not at least is there a link in the front page that maybe can attract some buyers to my port.
Anyway i don't see this as a bad thing from IS...
I'm not a buyer, but I do periodically browse new uploads just to see if there's something that goes "wow" - I like that process of being grabbed by an image and finding someone new, or a stunner by someone whose work I'm familiar with.
For the same reason, even though I didn't enter, I did go have a look at most of the stockys. finalists. At first I didn't think there was a link on the front page - the 5 battle royale years banner is visually dominant and I had to look again to see the stockys.
Then I go to a page full of text about voting and nary a picture in sight. Find a link and go to another dull looking page with no pictures. Then click on the link to the final twenty for a particular topic and it's in some little scrollable box in the middle of my large display - lots of nice empty white space on either side.
I see some pictures, some blank video links (even the iStock searches show me a still instead of black with a play button) and some audio icons. Some of the cropping's very odd, but I recalled from an earlier complaint that you don't see the whole image, so I mouse over it expecting a loupe. Nope. Not sure why everything had to be cropped to a square, but when I click on an image it reloads the page, so I lose sight of everything else until I click back.
I think it wasn't a good idea to have all four media types in one category - it makes for a visually messy presentation and I didn't look at all that much before I just left the site. It's such a jumble and I didn't have to be there. I just went hoping to be wowed and wasn't.
Perhaps some buyers might look at this, but I have a hard time imagining that scenario. It appeared to me this was some site (http://www.wizehive.com/) that helps people do contests, and great visual presentation isn't what they're good at.
The reason I'm down on the whole thing beyond my personal fury at IS is that they're spending money on this - people's time to create this meh site plus whatever they're paying wizehive plus prize money - and meanwhile the main site is a pile of bugs. I think they've taken their eye off the ball. The fact that the money and time haven't been well spent on this stockys site is just icing on the cake.
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I a am, as most of you, pissed off by the late changes in IS, and have said so in the past, however i don't quite get this general reject about the stockys thing. Personally i saw this as an opportunity to show our work in the front page, an always welcome publicity (never actually see this as a possibility to win, that's just a formality being an award contest).
It's like SS letting us propose images to show in the front page lightboxes, instead of picking them by hand (i would love that).
I have submitted some images and hopefully some of them may pass the 20 finally selected, if not at least is there a link in the front page that maybe can attract some buyers to my port.
Anyway i don't see this as a bad thing from IS.
Cutting our share, bad; let us promote our port, good.
I agree. It seems a lot of people are still very emotional about the RC thing.
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I agree. It seems a lot of people are still very emotional about the RC thing.
I always get very "emotional" about money. ;)
I think life is not very "sustainable" without it.
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The reason I'm down on the whole thing beyond my personal fury at IS is that they're spending money on this - people's time to create this meh site plus whatever they're paying wizehive plus prize money - and meanwhile the main site is a pile of bugs. I think they've taken their eye off the ball. The fact that the money and time haven't been well spent on this stockys site is just icing on the cake.
Exactly.
And judging from the forums, the koolaid has taken effect and most everyone is back to wooyaying and has even forgotten about the whole commission thing. IS/Getty's plan worked. All they had to do was weather a month or two of whining, and business is back to normal. I can't believe some people can be bought off so easily.
I haven't noticed anything on the whole EL -10% exclusive thing. Has the money been paid back to contributors yet? It doesn't affect me because I am not exclusive, but I sure do like to keep an eye on these things.
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I haven't noticed anything on the whole EL -10% exclusive thing. Has the money been paid back to contributors yet? It doesn't affect me because I am not exclusive, but I sure do like to keep an eye on these things.
No back payments yet. There is still an open thread on the subject, with this morning's non-update update (http://www.istockphoto.com/forum_messages.php?threadid=270252&messageid=5247992).
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My opinion: "The Stockys are unsustainable."
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I haven't noticed anything on the whole EL -10% exclusive thing. Has the money been paid back to contributors yet? It doesn't affect me because I am not exclusive, but I sure do like to keep an eye on these things.
No back payments yet. There is still an open thread on the subject, with this morning's non-update update ([url]http://www.istockphoto.com/forum_messages.php?threadid=270252&messageid=5247992[/url]).
Thanks JoAnn. I'll go have a look-see.
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And judging from the forums, the koolaid has taken effect and most everyone is back to wooyaying and has even forgotten about the whole commission thing. IS/Getty's plan worked. All they had to do was weather a month or two of whining, and business is back to normal. I can't believe some people can be bought off so easily.
I don't know for sure, but I'm betting that, like me, the ones who are still disgusted over the royalties issues aren't bothering to post. Or have been banned, and/or had their critical posts removed. There's a lot of that going around.
I expect that Koolaid will be even harder to swallow come January when the new RCs kick in...
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The reason I'm down on the whole thing beyond my personal fury at IS is that they're spending money on this - people's time to create this meh site plus whatever they're paying wizehive plus prize money - and meanwhile the main site is a pile of bugs. I think they've taken their eye off the ball. The fact that the money and time haven't been well spent on this stockys site is just icing on the cake.
+1. Well said JoAnne.
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The Stockys are here!
Please vote.
Click on the link and you land on The Stockys home page.
There's a lot of text. Lots of tabs too. Home, Rules, Prizes and Vote Now.
Click on 'Vote Now'.
Another page, plenty of text and a link.
Click on it.
One more page, some more text, and back comes the link.
Click on it.
Finally, you're able to view the images!
Yeah, but not quite.
All images are cropped to a central square. Everything outside the square is lost.
The missing bits may or may not be important, but if you want to view the thumb of the whole image, you need to search for the link and click on it.
There's some serious linking going on at The Stockys. Not to mention that all images are locked inside a frame. The only way to navigate - the scrolling bars. Someone at IStock sure loves those scrolling windows.
It seems that voting and filling a Contest Entry is no easy job either.
Which is a pity, because some of those images are truly amazing. Stunning work, worthy of a lot better.
Good luck to all participants, the collections are beautiful!
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The reason I'm down on the whole thing beyond my personal fury at IS is that they're spending money on this - people's time to create this meh site plus whatever they're paying wizehive plus prize money - and meanwhile the main site is a pile of bugs. I think they've taken their eye off the ball. The fact that the money and time haven't been well spent on this stockys site is just icing on the cake.
Exactly.
And judging from the forums, the koolaid has taken effect and most everyone is back to wooyaying and has even forgotten about the whole commission thing. IS/Getty's plan worked. All they had to do was weather a month or two of whining, and business is back to normal. I can't believe some people can be bought off so easily.
I haven't noticed anything on the whole EL -10% exclusive thing. Has the money been paid back to contributors yet? It doesn't affect me because I am not exclusive, but I sure do like to keep an eye on these things.
My guess is they close their books on Nov. 30 so you will see payment shortly after that. I hope the execs get their bonuses for making you guys wait so long.
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Someone at IStock sure loves those scrolling windows.
;D ;D ;D ;D ;D ;D ;D ;D ;D
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And judging from the forums, the koolaid has taken effect and most everyone is back to wooyaying and has even forgotten about the whole commission thing. IS/Getty's plan worked. All they had to do was weather a month or two of whining, and business is back to normal. I can't believe some people can be bought off so easily.
I don't know for sure, but I'm betting that, like me, the ones who are still disgusted over the royalties issues aren't bothering to post. Or have been banned, and/or had their critical posts removed. There's a lot of that going around.
I expect that Koolaid will be even harder to swallow come January when the new RCs kick in...
I posted until I got threats and warnings by private message.
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I noticed there was a close up of a vintage car...looks to be a 57 Chevy....under the Artistic vision top 20. It is a really good shot, but I wonder how that got in there since no car shots are allowed without property release. Has anyone dug through these to see if the top 20 in each catagory are all agency or vetta and only by exclusives?
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I noticed there was a close up of a vintage car...looks to be a 57 Chevy....under the Artistic vision top 20. It is a really good shot, but I wonder how that got in there since no car shots are allowed without property release. Has anyone dug through these to see if the top 20 in each catagory are all agency or vetta and only by exclusives?
To be honest I didn't read the rules, didn't even think of entering and when I got the email about voting and where I could see the selected images that were in the finals, I deleted it. So Stockys may be fun and interesting and a nice promotional concept, but I'm more interested in clean socks and the tire pressures on my car. :D
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I noticed there was a close up of a vintage car...looks to be a 57 Chevy....under the Artistic vision top 20. It is a really good shot, but I wonder how that got in there since no car shots are allowed without property release. Has anyone dug through these to see if the top 20 in each catagory are all agency or vetta and only by exclusives?
To be honest I didn't read the rules, didn't even think of entering and when I got the email about voting and where I could see the selected images that were in the finals, I deleted it. So Stockys may be fun and interesting and a nice promotional concept, but I'm more interested in clean socks and the tire pressures on my car. :D
Maybe you need to take a shot of your valve stem and enter it in technical difficulty...... ;D
I deleted the same e-mail but reading this got me curious. I just went yesterday to look at what was in there.....it was a pain in the a** having to click click click, so I didn't spend much time there.
Heh make sure you wash them socks in bleach.... ;)
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The layout of that page is incredible. I'm surfing on a Acer Aspire (one of those mini laptops), and I only see 5 millimeters of each picture. It takes me 10 clicks on the scrolling thingy to see all of the picture. Unfortunately my brain isn't able to put all the pieces together from memory...
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I noticed there was a close up of a vintage car...looks to be a 57 Chevy....under the Artistic vision top 20. It is a really good shot, but I wonder how that got in there since no car shots are allowed without property release. Has anyone dug through these to see if the top 20 in each catagory are all agency or vetta and only by exclusives?
Evidently around half the people associated with IS believe that is the case, and the other half think that pictures of classic vehicles are fine. That's my approximate acceptance rate for those type of photos ::)
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The layout of that page is incredible. I'm surfing on a Acer Aspire (one of those mini laptops), and I only see 5 millimeters of each picture. It takes me 10 clicks on the scrolling thingy to see all of the picture. Unfortunately my brain isn't able to put all the pieces together from memory...
I feel your pain. I have one of those. I don't use it for much.
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The layout of that page is incredible. I'm surfing on a Acer Aspire (one of those mini laptops), and I only see 5 millimeters of each picture. It takes me 10 clicks on the scrolling thingy to see all of the picture. Unfortunately my brain isn't able to put all the pieces together from memory...
I feel your pain. I have one of those. I don't use it for much.
Even bigger monitors don't help. Site is total crap.
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The layout of that page is incredible. I'm surfing on a Acer Aspire (one of those mini laptops), and I only see 5 millimeters of each picture. It takes me 10 clicks on the scrolling thingy to see all of the picture. Unfortunately my brain isn't able to put all the pieces together from memory...
I feel your pain. I have one of those. I don't use it for much.
LOL! Me too. Very frustrating trying to type and scroll on it. Although I do kinda like mine because it's cute and tiny :)
My daughter takes it to classes in her purse to take notes on. I guess all her texting experience has made her much more adept than me at using a small keyboard.
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The layout of that page is incredible. I'm surfing on a Acer Aspire (one of those mini laptops), and I only see 5 millimeters of each picture. It takes me 10 clicks on the scrolling thingy to see all of the picture. Unfortunately my brain isn't able to put all the pieces together from memory...
I feel your pain. I have one of those. I don't use it for much.
LOL! Me too. Very frustrating trying to type and scroll on it. Although I do kinda like mine because it's cute and tiny :)
My daughter takes it to classes in her purse to take notes on. I guess all her texting experience has made her much more adept than me at using a small keyboard.
That's why I like it. Taking notes...perfect use. Checking email...perfect use. Surfing...not so much.
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The layout of that page is incredible. I'm surfing on a Acer Aspire (one of those mini laptops), and I only see 5 millimeters of each picture. It takes me 10 clicks on the scrolling thingy to see all of the picture. Unfortunately my brain isn't able to put all the pieces together from memory...
I feel your pain. I have one of those. I don't use it for much.
LOL! Me too. Very frustrating trying to type and scroll on it. Although I do kinda like mine because it's cute and tiny :)
My daughter takes it to classes in her purse to take notes on. I guess all her texting experience has made her much more adept than me at using a small keyboard.
That's why I like it. Taking notes...perfect use. Checking email...perfect use. Surfing...not so much.
It is perfect for travelling. Most pages work ok. Some require a bit of scrolling, but only the stockys page was impossible to dechiffre.