Quote from: PaulieWalnuts on July 12, 2012, 07:25

I have a decent laptop and desktop but need more horsepower. Some of the newer laptops have some major power. Instead of buying a new desktop I was thinking of replacing both and just have a laptop. Anybody else only have a laptop? Any major positives or negatives?

I have been using a laptop (only) since 2008 and no negatives.. You only need to get used to it.. Once you do, you will realize we don't really need huge screens to work

Since '05 here.  One thing that's nice about a laptop is you can buy a docking station, and connect your larger monitor/keyboard/mouse/drawing tablet to it, which keeps your laptop portable while enabling you to continue using larger screens, etc, at your desk.  The docking station also acts as a battery charger.

Of course plagiarism is different.  What I was trying to say is general lessons on how to write a report will likely include lessons on copyrights, just like they do with lessons on plagiarism, because images are often included in reports, just like sourced reference works are used and cited.  

And the whole point was if we don't educate folks, which includes our local school boards, state education boards who make decisions on textbooks, and state/federal legislators, we'll never get anywhere.  There's no reason on earth why we can't educate these folks and demand that lessons on copyrights be included in the appropriate curriculum.  Maybe I'm just so used to lobbying and working with state and local politicians and government agencies that I have more optimism and hope than most that we can turn things around.  

If you can contact the website owner directly, send a DMCA to them with either a license fee or link to where they can purchase the image.  That's the only way you can get reimbursed without going through Shutterstock.  A lot of websites, such as Wordpress blogs, don't have contact info, so you have to contact the host directly and all you'll get is them removing your image.

Quote from: Karimala on July 09, 2012, 10:26

 I just don't see the situation to be a dire as you do and think that the internet should be regulated with draconian China-like laws as you're suggesting.      

I wish.
Chinese (language) sites steal and resteal images and it's nigh on impossible to do anything about it.

I was glad to discover the other day a South Korean site with DMCA instructions.  It just shows (to me at least) things are somewhat improving.

Educating the masses of the world will take time, but I'm optimistic lessons on copyrights will become the educational norm as technology advances.  In school we all learn about plagiarism as part of learning how to write reports.  Eventually teachers will include lessons on copyrights with those on plagiarism. 

Why do you even bother selling images online when you hate copyright infringement and sharing so much? 

The solution to your problem isn't shutting down the entire internet (which would put me and numerous others immediately out of business) or forcing honest, innocent users to register before being allowed to add content online.  Go find an agency that still distributes print catalogs or something...or better yet...think up a constructive solution folks can actually work with. 

Quote from: djpadavona on July 08, 2012, 10:04

If you think Dreamstime or iStockphoto is going to allow you to sell RF photos from your own website after you signed an exclusivity agreement with them, you are in for quite a surprise. iStock allows you to sell separate photos as RM elsewhere, but that is as far as you are allowed to roam. But you are free to try if you disagree.

That not what I am saying. I was asking a question, but you said selling from your own website was taking a 100% commission, and that's what I disagreed with. If you say you cant sell from your own website, than I believe that.

It's true that IS exclusives cannot sell licenses for their RF work from their own websites, but according to Tangie at Dreamstime, DT DOES allow artists to sell licenses from their own website (see http://www.dreamstime.com/thread_30273).

An exclusive image can be sold from your own personal website or directly to end-users. You cannot sell this image via any agency or intermediary of any sort, shops and galleries included. [link=http://www.dreamstime.com/terms#contributors]Site Terms[/link]Exclusive images may only be sold through Dreamstime.com and may not be offered through other channels.Other channels include art galleries, retail outlets, online shops, similar agencies etc because they are intermediaries facilitating the sale and they retain a commission from these sales.

There is not a membership requirement for anything in order to file a DMCA notice against a website.  Everyone who owns a copyright anywhere in the world can file a DMCA notice.  All you have to do is follow the same instructions Google and Blogspot provided when you filed notices with them, and send the exact same information to the other website.   

*POOF*  There goes the myth about traditional agencies having the best photos while the micros only offer crap.  We all know each and every one of those shots would be instantly rejected by the micros. 

Good for you.
My July 1-5 is down almost 35% on 1-5 Jan, though 1-3 Jan are holidays over here, and 1st is a universal holiday unlike July 4th.
(I don't accept 'summer slump' as being the answer: I'm down almost 30% on last July 1-5th.)

Wow.  Just checked mine. 

Jan 1-5 compared to Jul 1-5, down 56% in July.
Jul 1-5 2012 compared to Jul 1-5 2011, down 40%.
Jan 1-5 2011 compared to Jul 1-5 2011, down 63% (my portfolio took a dive in June 2011 and never recovered).
Jan 1-5 2011 compared to Jul 1-5 2012, 78%.

Removing images from my portfolio does not account for the severe drop, because the vast majority were images that hadn't sold more than once in 5 years or more.

And I agree...the summer slowdown doesn't explain the drop, because July is typically better than January for me, as born out by numbers for the same time periods in 2009 and 2010, which at quick glance show DLs between 70-75% higher than they are now.

Quote from: Karimala on July 04, 2012, 19:29

All of the exclusive agreements I'm aware of stipulate the image cannot be sold under an RF license anywhere else, not that you can't sell the image as prints or on T-shirts.  You still retain the right to sell is as anything other than an RF license.

Not with DT.  Their convoluted terms won't allow exclusive images to be sold anywhere as anything other than RF.  Not even on a T-Shirt on a POD.  Makes no sense at all.

You're right...that doesn't make sense, because a buyer can purchase an exclusive image and use it for POD.  We should have the same rights, especially since we are the copyright owner, and selling an image license vs selling a product with that image are two completely different things. 

The TOS says "Exclusive images may only be sold through Dreamstime.com and may not be offered through other channels," but nowhere in the TOS does it say anything about channels being anything other than agencies.  And yet, "Tangie" the Dreamstime Admin who Leaf interviewed a couple of years ago replies to someone on the forum that it does indeed include every possible outlet, including POD shops with intermediaries (see http://www.dreamstime.com/thread_30273).  She explains:

Other channels include art galleries, retail outlets, online shops, similar agencies etc because they are intermediaries facilitating the sale and they retain a commission from these sales.

...which just plain sounds silly and greedy.  All the POD companies I deal with earn their commissions from the product sale as a whole...not just my image, like the stock agencies.  And only two tack on an actual image commission.  Zazzle adds a 5% commission to all products listed with 20% commissions and above (which means they don't earn anything on products with commissions set at 19% or below...and it only applies to the % above 19%, not the first 19%), and Society6 adds a 4% commission.  Peanuts...again, unlike the stock agencies, which take the bulk of our royalties.  POD companies make their money from the product markups, not the image markups.

I have some exclusive images at DT, and the way I read the TOS when signing the agreements was they had meant "agencies only," since 1) agencies are the only outlets mentioned in the TOS and 2) DT doesn't offer POD services.  I would think if the TOS really means ALL channels, and not just stock image/agency outlets, the TOS would include them so as to avoid confusion.   

So which is it?  Hmmmm, Dreamstime?

Never heard of them, but it looks interesting.  Looks like someone requests an image, posts the price they are willing to pay, and then photographers submit their work for review.  The chosen image is then awarded the posted price. 

Here's the license agreement:

Intellectual Property Licence Agreement

In the event that the Licensee selects as the Image, the image or images, as the case may be, submitted by the Licensor as part of an ImageBrief Tender, then the Licensee and Licensor will be deemed to enter into a separate binding agreement in relation to the licence of the Image and the rights of the Licensor in relation to such Image.

For the avoidance of doubt:

This Agreement is in addition to the terms applicable to the Site, which includes without limitation the terms of use, non disclosure agreement, privacy policy or any other policy or procedure communicated by ImageBrief from time to time;

ImageBrief and its third party providers will not be a party to this separate agreement and will have no liability whatsoever in relation to the performance or failure to perform of a Licensor or Licensee under the terms of the separate agreement.

The agreement of the Licensor to the terms and conditions set out below is shown by clicking on the "Agree" button. By clicking on the "Agree" button below, you represent and warrant that you have read and understood all of the terms and conditions set out below and agree to be bound by them. If you do not agree to such terms, you should not click the "Agree" button below. If you click on the "Agree" button on behalf of your employer, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority, you should not click the "Agree" button below.
1. Definitions

Unless inconsistent with the context, the following expressions shall have the following meanings:

    "Agreement" means this intellectual property licence agreement;
    "Business Day" means any day which is not a Saturday, Sunday or a public holiday in Sydney;
    "Image" means the image or images, as the case may be, which the Licensor selects as the winning image pursuant to the ImageBrief Tender;
    "ImageBrief" means ImageBrief Pty Limited A.C.N. 149 982 703;
    "ImageBrief Tender" means a tender held by the Licensor on the Site, pursuant to which prospective photographers submit images for review and consideration by the Licensor;
    "Intellectual Property" means the Image;
    "Licensee" means "Sample Licensee" identified also by the username "sample_user"
    "Licensor" means "Sample Licensor" identified also by the username "sample_user" ;
    "Site" means www.imagebrief.com.

2. Interpretation

In these terms and conditions, unless the context otherwise indicates:

    (1) References to any statute, ordinance or other law shall include all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
    (2) Words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and references to a person shall be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
    (3) Where any word or phrase is given a defined meaning in these terms and conditions, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;
    (4) Headings included in these terms and conditions for convenience only and shall be disregarded in the construction of these terms and conditions.

3. Licence

    (1) Unless otherwise agreed by the Licensor and the Licensee in writing, the Licensor grants the Licensee a licence to use the Image as follows:
        (a) Term: 36 months, starting from March 16, 2012 ;
        (b) Territory of Use: Worldwide ;
        (c) Permitted Uses: Advertising, Online / Digital ;
        (d) Exclusive or Non Exclusive Use: Non-Exclusive ;
        (e) If the Permitted Uses in (c) above includes Web Advertising, Digital Banners, Social Media, Web Video, Email Promotion and Electronic Brochure, Apps, E-Book, Corporate, Retail and Promotional Site, then worldwide territory is granted ;
        (f) Additional Notes: None ;
    (2) The Licensee must only use the Image as expressly permitted by this Agreement.
    (3) Notwithstanding any other provision of this Agreement, the Licensee must not use the Image for any pornographic use, in a manner which is obscene or immoral, for any unlawful purpose, to defame any person, or to violate any person's right to privacy or publicity.

4. Third Party Rights

    (1) The Licensor agrees, represents and warrants that:
        (a) the Image does not infringe any reputation or intellectual property right of a third party;
        (b) all relevant authors have agreed not to assert their moral rights (personal rights associated with authorship of a work under applicable law) in the Image;
        (c) if the Image incorporates the intellectual property rights of a third party, then the Licensor has obtained a licence from the relevant third party to incorporate the intellectual property rights of that third party in the Image ("Third Party Licence");
        (d) the Third Party Licence permits the Licensee with a worldwide, royalty free, perpetual right to display, distribute and reproduce (in any form) the intellectual property rights of the third party contained in the Image.
    (2) In the event that the Third Party Licence is capable of assignment to the Licensee, then the Licensee hereby assigns and transfers to the Licensor, and the Licensee hereby agrees to take an assignment and transfer of, the Third Party Licence and all of the rights and obligations of the Licensor under the Third Party Licence.

5. Indemnity

The Licensor must indemnify and keep indemnified the Licensee from and against all loss, cost, expense (including legal costs and expenses on a solicitor and own client basis) or liability whatsoever incurred by the Licensee arising from any claim, demand, suit, action or proceeding by any person against the Licensee where such loss or liability arose out of an infringement, or alleged infringement, of the intellectual property rights of any person, which occurred by reason of the licence of the Image by the Licensor.
6. Liability of ImageBrief and its Third party Providers

Each of the Licensor and the Licensee acknowledge and agree that:

    (a) ImageBrief and its third party providers are not parties to this Agreement; and
    (b) each of ImageBrief and its third party providers shall each not be liable or responsible for any breach of this Agreement by any one or more of the Licensee and the Licensor.

7. Representations and Warranties

    (1) The Image is provided �as is�, and to the fullest extent permitted under the applicable law, the Licensor hereby expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory.
    (2) The Licensee acknowledges and confirms that the Licensor does not make any warranty or representation that the Image will satisfy the requirements of the Licensee.

8. Termination

Notwithstanding any other provisions of this Agreement, the Licensor has the right to immediately terminate this Agreement and the licence granted hereunder if the Licensee has breached any of its obligations under this Agreement.
9. Assignment

This Agreement is personal to each of the License and the Licensor, and may not be assigned without the prior written consent of the other party.
10. Further Assurances

Each of the parties will upon request by any other party hereto at any time and from time to time, execute, sign and deliver all documents and do all things necessary or appropriate to evidence or carry out the intent and purposes of these Terms.
11. Entire Agreement

These Terms constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understanding, whether verbal or in writing.
12. Notices

A notice or other communication given under this deed including, but not limited to, a request, demand, consent or approval, to or by a party to this deed:

    (a) must be in legible writing and in English;
    (b) must be addressed to the addressee at the postal address or email address set out below or to any other postal address or email address a party notifies to the others in writing:
        (i) if to the Licensor:
        Postal Address: [Licensor Address]
        Email Address: [Licensor Email]
        (ii) if to the Licensee:
        Postal Address: [Licensee Address]
        Email Address: [Licensee Email]
    (c) without limiting any other means by which a party may be able to prove that a notice has been received by another party, a notice is deemed to be received:
        (i) if sent by hand, when delivered to the addressee;
        (ii) if by post, 3 Business Days from and including the date of postage; or
        (iii) if by email transmission, on receipt by the sender of an email acknowledgment or read receipt generated by the email client to which the email was sent, but if the delivery or receipt is on a day which is not a Business Day or is after 5.00 pm (addressee's time) it is deemed to be received at 9.00 am on the following Business Day.

13. Severability

Any provision of this Agreement will be read down to the extent necessary to prevent that provision or this Agreement being invalid, voidable or unenforceable in the circumstances.
14. Jurisdiction and Applicable Law

    (1) This deed is governed by the law in force in New South Wales.
    (2) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum or to claim that those courts do not have jurisdiction.

they will never go away guys, why would they? slowly perhaps? if so buyers need to get pictures from some place else no? more competition but more buyers too

iStock doing 59k downloads per day, they need to be insanely dumb to drop that volume of sales!

During 2011 alone a minimum of 18,615,558+ images (and probably about 21.5 million) were licensed for use.
(http://blog.microstockgroup.com/istockphoto-2012-semi-annual-analysis/)

It's not all that hard to imagine.  The US government had to save General Motors and the auto industry from collapse with a massive government bailout.  Who would have ever thought that an entire industry could collapse from one or two large companies failing?  And who would have ever thought General Motors or Chrysler could fail? 

And we wouldn't necessarily see a parallel increase in buyers.  Many buyers already purchase images from multiple agencies and independent artists, so they wouldn't be new buyers.  Only buyers who purchase exclusively from Getty and iStock would become new buyers.