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Author Topic: Legal obligations  (Read 2628 times)

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« on: September 26, 2015, 14:53 »
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Im considering getting into the field and I am trying to find a definitive guide that clearly spells out what I should know/do from a legal stand point. Any help is most appreciated. Thanks!


« Reply #1 on: September 27, 2015, 03:12 »
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What field?  Photography?  If you do a Google search you can find plenty of information on the web - not sure how much of it is definitive but you can piece it together pretty well.

Look up what the agencies tell you about editorial images and that should tell you something.  Or are you looking for information about insurance and that sort of thing?

« Reply #2 on: September 27, 2015, 13:03 »
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yes photography. specifically stock photography. I understand permissions as far as modeling rights, trademarks, designs, etc. Also understand that with stock photography that if I take images that have names, trademarks etc that they have to be removed. Just didnt know if there are other legalities I should be aware of

thanks

« Reply #3 on: September 27, 2015, 16:25 »
+2
1. Don't steal anyone's work

2. It's okay that agencies cheat you but don't cheat them (be exclusive at one place but upload everywhere else too).

3. Agencies like Fotolia like to hide behind their "terms" to take punitive action against anyone who speaks out against their crooked business practices. So don't be critical of FOTOLIA or they will close your account. They have people in here reporting what is said about their agency. 

4. And finally, don't submit anything shot by a monkey. :P 
« Last Edit: September 27, 2015, 16:27 by Mantis »

« Reply #4 on: September 28, 2015, 08:28 »
+1
At the stock sites where you are interested, read the contributors agreement(s) in detail. This agreement is the first legal obligation to which you are bound. Then read the buyer's agreements/licences in detail. You need to be aware of how your images can be used by a buyer.  You must be able to agree to all points. Likely, when reading these, you will have to search out some terms and conditions (Royalty Free and Rights Managed) and definitions to be sure you understand to what you are agreeing. Copyright is a viable next step to learn. Then broaden your education to learning about the industry (using sites like MSG and the stock site forums). MSG and the forums can help you understand the ramifications of some of the legal restrictions and how it might affect the business and the industry (e.g. the "real life" of how things work).

« Reply #5 on: September 28, 2015, 09:57 »
+1
You mentioned model releases, but you need to understand property releases as well. These would apply to locations you shoot (interior or exterior) as well as artwork included in a shot. There are exceptions for wide shots of cities including multiple buildings, but you will find several sites have lists of locations you can't include in stock images for sale as RF. See this, for example

http://www.shutterstock.com/blog/contributor-resources/legal/stock-photo-restrictions/

The iStock wiki has lots of examples

http://wiki.gettyimages.com/category/architecture/


« Reply #6 on: February 17, 2016, 17:40 »
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3. Agencies like Fotolia like to hide behind their "terms" to take punitive action against anyone who speaks out against their crooked business practices. So don't be critical of FOTOLIA or they will close your account. They have people in here reporting what is said about their agency. 
Would they be able to link username here with account in the agency, providing two names are not the same?

« Reply #7 on: February 17, 2016, 22:23 »
+2
3. Agencies like Fotolia like to hide behind their "terms" to take punitive action against anyone who speaks out against their crooked business practices. So don't be critical of FOTOLIA or they will close your account. They have people in here reporting what is said about their agency. 
Would they be able to link username here with account in the agency, providing two names are not the same?

You need to remain very anonymous and not post you portfolio and not post your real name, do not post examples of your work either.  Anything you do fotolia and possibly others will use against you if they so choose. Or just don't post any criticisms and you will be fine.

« Reply #8 on: February 18, 2016, 04:00 »
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3. Agencies like Fotolia like to hide behind their "terms" to take punitive action against anyone who speaks out against their crooked business practices. So don't be critical of FOTOLIA or they will close your account. They have people in here reporting what is said about their agency. 
Would they be able to link username here with account in the agency, providing two names are not the same?

You need to remain very anonymous and not post you portfolio and not post your real name, do not post examples of your work either.  Anything you do fotolia and possibly others will use against you if they so choose. Or just don't post any criticisms and you will be fine.

What's the point of this forum if not to point out where agencies can improve?

« Reply #9 on: February 18, 2016, 04:11 »
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Like in other businesses, here any type of "agency" trying to intercept creation of relation between service provider and service consumer. To sertain point it is ok, but not further. They use any means for this. I saw somewhere interesting digits about unemployment in France and crazy amount of employers which could not find employees. Any of such processes is reflected in microstock business, including blacklistings.

« Reply #10 on: February 18, 2016, 05:54 »
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Many agencies welcome critique, they see it as an opportunity to improve. But some companies have managers that still dont live in the internet age and simply cannot handle critique at all. Instead of resolving the issue together with the artists, they decide to delete contributors portfolio.

We have several cases where agencies believe they can give our file away for free to millions of users and call it promotional use...or an agency takes your content without your consent, opens a new agency without telling you with ridiculous prices and undercuts your income. They call this "new business strategy" and act surprised when contributors deactivate their files by the millions...

Too many companies believe they own our intellectual property and think they can do whatever they want.

I am still here under my own alias, but after seeing what happened to many people, I fully understand that if this is your main income,some artists now use a different alias for protection.

For the same reason a lot of private and closed facebook groups have been opened, so people can talk freely without being punished.


« Reply #11 on: February 18, 2016, 08:18 »
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3. Agencies like Fotolia like to hide behind their "terms" to take punitive action against anyone who speaks out against their crooked business practices. So don't be critical of FOTOLIA or they will close your account. They have people in here reporting what is said about their agency. 
Would they be able to link username here with account in the agency, providing two names are not the same?

You need to remain very anonymous and not post you portfolio and not post your real name, do not post examples of your work either.  Anything you do fotolia and possibly others will use against you if they so choose. Or just don't post any criticisms and you will be fine.

What's the point of this forum if not to point out where agencies can improve?

Not arguing with that. The OP asked a very specific question and I gave a very specific answer.


 

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