Author Topic: Pond5 New Agreement (Read 4634 times)

Sean Locke Photography · « **on:** March 15, 2022, 09:06 »

“These initiatives significantly expand the distribution potential of your work to creators worldwide. As the competitive landscape evolves, we are confident these changes will elevate your income potential and maintain Pond5's position as an industry leader.”

Hmmmm, where have I heard that before?

https://www.pond5.com/legal

“ We are updating our Contributor Agreement effective March 29, 2022. We encourage you to review the new Pond5 Contributor Agreement carefully.

The primary changes relate to our pricing policies and content distribution arrangements with Pond5 partners. The details shared in the agreement allow Pond5 to maximize exposure of your content through our network of global partners, introducing your work to an expansive list of Enterprise clients and emerging creative segments. These initiatives significantly expand the distribution potential of your work to creators worldwide. As the competitive landscape evolves, we are confident these changes will elevate your income potential and maintain Pond5's position as an industry leader.

You can find more information about some of these programs here. As always, we welcome your thoughts and questions - please reach out to [email protected].
Warm Regards,
Your Friends at Pond5”

Jo Ann Snover · « **Reply #1 on:** March 15, 2022, 11:03 »

The pricing section is definitely worth a read for all those who derive significant income from Pond5 (which wouldn't include me as they seem largely unable to license photos)

"...we will have sole discretion to adjust the price of any Content to maximize your overall revenue performance or comply with our minimum pricing guidelines"

"we will have discretion to offer flexible subscription plans and/or discounts, at prices determined solely by us, in connection with special promotions or to optimize total revenue on your behalf by targeting customers who we believe will make high volume purchases or commitments with short duration, digital/social formats, small audience, ad-supported models and/or other needs to which we will offer more narrow license rights or collections of limited content for materially reduced pricing"

"... we will have discretion to ... (B) ... set the price of Content and/or agree to compensation structures in an effort to maximize overall sales of Content and revenue to our contributors and license Content to customers as part of a pool of works, in which case, we will have sole discretion to allocate the amounts paid by the customer among Content and the other works licensed to the customer on a basis that we in our sole good faith discretion determine is fair..."

They still have their price match clause (they'll lower the Pond5 price if the item is licensed for less elsewhere), but how on earth is a contributor to know what their work is licensed for anywhere given how many agencies are offering all sorts of side deals, special discounts and other terms we have no control over - and often no knowledge of.

I await with bated breath Pond5 reducing the Pond5 nominal price when price matching with one of their own "special promotions"

bestravelvideo · « **Reply #2 on:** March 15, 2022, 11:59 »

I have an exclusive and non-exclusive Pond 5 account.
Prior to this announcement, I had a sale on my exclusive account but the NLR was at about 2/3 of my set price.
I would like to know what happens now with the exclusive acccounts.
On 3b they mention that the Net Liscense revenue will be 60%, but I already had earned less, probably due to the agreement that they also sell exclusive content to third parties.

Orchidpoet · « **Reply #3 on:** March 15, 2022, 13:35 »

I also have exclusive and non-exclusive accounts. Just wrote to ask for clarification if there are still any advantages to maintain an exclusive account.

Noedelhap · « **Reply #4 on:** March 15, 2022, 14:24 »

So if I understand correctly, they basically want unlimited freedom and sole discretion to adjust prices to ensure sales are made, even if it comes at the cost of the contributor's share/bottom line revenue.

I wouldn't be surprised if at some point commissions are reduced once more across the board 'to adapt to an ever-changing market and provide big and smaller content creators with their expressed need to access our entire collection at discounted price points' i.e. subscription penny sales.

bestravelvideo · « **Reply #5 on:** March 15, 2022, 14:44 »

It's all very clear.
For non exclusive accounts, either you accept the terms or not.
For exclusive accounts, we have to know how will this 60% we get be calculated.
If it's 60% of our set price, then it's still ok for exclusive uploads.
If it's 60% of whatever Pond 5 decides, then exclusivity can be questioned already.
I will also have to write to Pond 5 support to find out I guess.

Orchidpoet · « **Reply #6 on:** March 15, 2022, 15:04 »

Quote from: bestravelvideo on March 15, 2022, 14:44

It's all very clear.
For non exclusive accounts, either you accept the terms or not.
For exclusive accounts, we have to know how will this 60% we get be calculated.
If it's 60% of our set price, then it's still ok for exclusive uploads.
If it's 60% of whatever Pond 5 decides, then exclusivity can be questioned already.
I will also have to write to Pond 5 support to find out I guess.

I hope you do.

Pond5 has not been performing well for me for a long time. Actually SS and GI have outperformed P5.

JustAnImage · « **Reply #7 on:** March 16, 2022, 09:18 »

I asked the support what the "changes" in the new agreement are and got this ansower:

The changes are related to our GPP and LPP programs.

We have removed paragraph 7, which previously referred to the GPP and LLP programs. These programs are now discussed in paragraph 3. This section has been expanded and the changes include the following:
•   Our ability to adjust pricing to maximize overall revenue performance (although artists may still set their own price upon upload).
•   Content may be added to subscription plans or other royalty growth programs with prices that will be determined by Pond5. These plans will be pursued for special promotions to optimize total royalties by targeting customers who we believe will make high volume purchases or commitments that include limited licensing rights.
•   Our ability to distribute and market content to global partners outside of Pond5.

Artists will no longer have the option to opt out of these programs as they did previously.

Findura · « **Reply #8 on:** March 16, 2022, 13:22 »

Quote from: JustAnImage on March 16, 2022, 09:18

Artists will no longer have the option to opt out of these programs as they did previously.

This is the crucial change. We can no longer enable or disable LPP and GPP.
I don't like that at all. A very bad development, in my opinion.
I had LPP disabled until now, the revenue is very low, about $1.80 for a video sale.

Evaristo tenscadisto · « **Reply #9 on:** March 17, 2022, 03:09 »

The "big" difference i find between contracts is that GPP and LPP are not a option anymore.
I got this GPP/ LPP program turned on. Usually i don't get much of LPP sales but GPP sales comes quarterly and it's ok for me.