MicrostockGroup Sponsors


Author Topic: The Stockys Another Fiasco?  (Read 17471 times)

0 Members and 1 Guest are viewing this topic.

traveler1116

« on: November 02, 2010, 14:07 »
0
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

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.
« Last Edit: November 02, 2010, 14:13 by traveler1116 »


« Reply #1 on: November 02, 2010, 14:13 »
0
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
« Last Edit: November 02, 2010, 15:27 by retrorocket »

« Reply #2 on: November 02, 2010, 14:36 »
0
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.

« Reply #3 on: November 02, 2010, 14:38 »
0
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.

ShadySue

  • There is a crack in everything
« Reply #4 on: November 02, 2010, 14:46 »
0
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

"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.

« Reply #5 on: November 02, 2010, 14:48 »
0
It was just posted that the clause should not have been in the contest rules and they are now fixing that.

traveler1116

« Reply #6 on: November 02, 2010, 14:56 »
0
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?

ShadySue

  • There is a crack in everything
« Reply #7 on: November 02, 2010, 15:01 »
0
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).

« Reply #8 on: November 02, 2010, 15:13 »
0
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

« Reply #9 on: November 02, 2010, 15:45 »
0
It's not that different to the Promotional Use Clause:
http://www.istockphoto.com/popup_promotional_optout.php



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.

« Reply #10 on: November 02, 2010, 16:03 »
0
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 :)

lisafx

« Reply #11 on: November 02, 2010, 16:22 »
0
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".   ::)

ShadySue

  • There is a crack in everything
« Reply #12 on: November 02, 2010, 16:28 »
0
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.

« Reply #13 on: November 02, 2010, 18:00 »
0
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.

« Reply #14 on: November 03, 2010, 00:11 »
0

The organizational shambles of the rollout of this contest is really embarrassing though.

Laughable it's so pathetic.

« Reply #15 on: November 04, 2010, 04:03 »
0
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!

« Reply #16 on: November 22, 2010, 16:02 »
0
It's just me or view and vote process via Stockys site is a pain experience?

In fact, entire site is useless.

« Reply #17 on: November 22, 2010, 16:24 »
0
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.

« Reply #18 on: November 22, 2010, 16:55 »
0
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.

« Reply #19 on: November 22, 2010, 17:23 »
0
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.

« Reply #20 on: November 22, 2010, 17:24 »
0
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

« Reply #21 on: November 22, 2010, 17:35 »
0
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.)

lisafx

« Reply #22 on: November 22, 2010, 18:31 »
0
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

« Reply #23 on: November 22, 2010, 19:30 »
0
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

« Reply #24 on: November 23, 2010, 12:31 »
0
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


 

Related Topics

  Subject / Started by Replies Last post
32 Replies
12828 Views
Last post July 08, 2009, 07:10
by click_click
112 Replies
24707 Views
Last post November 07, 2010, 15:29
by ShadySue
2 Replies
1907 Views
Last post November 09, 2011, 12:07
by Microstock Posts

Sponsors

Mega Bundle of 5,900+ Professional Lightroom Presets

Microstock Poll Results

Sponsors