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Messages - FD

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1376
Image Sleuth / Re: Stolen images on a foreign site?
« on: March 12, 2010, 07:21 »
Did anyone tried to send an email to this guy? Maybe the email address is real. Do you think I should write him an email?
Are you prepared to search and pay a lawyer in Bulgaria?

1377
General Stock Discussion / Re: Clipping Path Lie?
« on: March 12, 2010, 07:18 »
hmm good to know that. Anyway a clipping path for isolated photos is often useless since it simplifies the edges, whereas a channel based mask can take a few minutes and be much more accurate.
Correct about the simplification. On punk hair of a model, it might be a disaster. What do you mean by channel mask exactly and care to explain your workflow? Do you mean the alpha-channel (transparency)? How do you go from isolated in cam to alpha-channel and more important, is that accepted by the sites?

1378
iStockPhoto.com / Re: Istockphoto rejection because MR date
« on: March 12, 2010, 06:53 »
Model release is an employment contract between you and model.
Not. It is a one-sided obligation of the model not to sue the photographer (release from liability) about violating her rights as to divulging likeness, privacy and portrait right. It is also a recognition of copyright. If it were a contract, obligations of both parties would have to be mentioned, and there would be two copies of it.
Property release is an employment contract between you and property.
Contracts can only be between two persons that have legal status to engage in a contract. A property, thing or animal is not a person and you can't make a contract with it. You also can't have a contract or a release from a minor since he is legally incapable. You can only have it with the parent or legal guardian. A minor's signature is void on the release.
Model release for minor - you'd better never use it in civilized country!
It depends on the country probably, but in Belgium it's all too correct. Using children under 14 as models is prohibited under the child's labor protection act. If the presence of such a child is necessary (for instance in a musical, a play, a performance, a shoot) you will have to ask permission 3 months in advance with the Labor Department. It entails a lot of paper work, specifying exact date/time/place of the shoot, along with a number of rules to follow as to stress level, breaks, working conditions etc... Permission can be granted only a few times per year.
Legally, you can't even shoot your own children commercially under the age of 14. Crazy perhaps, but it's the law.

1379
iStockPhoto.com / Re: Istockphoto rejection because MR date
« on: March 12, 2010, 06:38 »
Correct. If it would be an employment contract, in a collectivist country like Belgium you would have to follow the vast social security legislation and associated red tape pertaining to hiring employees. One of the smaller consequences is that you as an employer are responsible for all accidents on the way going to and returning from "work".
You might want to check into that statement, I think you'll probably find there's a minimum specified number of hours a week an employee has to work for you before that and other considerations like sick and holiday pay become applicable.

Correct, that's what I meant by the social security and social laws' red tape. There is also a minimum wage. Perhaps the UK labour laws are more liberal after Thatcher, but a few continental countries still have very tough employment laws. You certainly don't want to hire a model there as an employee. Laws are so though that for house personnel and job students, they came up with a different arrangement. A (semi-)professional model (in Belgium) is hired, as a far as I know and by the commercial model agencies, as a free-lancer, performer, artist or consultant. The person is not employed but rather her services are paid by an all-inclusive fee, and she has to take care of her own insurance and her own taxes etc... The legal status is totally different and I checked that with a friend that runs a (professional) agency in Antwerp. Of course, laws in other countries may be totally different.

If you want to hire your models under an employer-employee contract, you will have your reasons. Perhaps that you have a much higher volume than a modest microstocker, or perhaps you work very regularly with the same models.

But a simple minimal release as required by the agencies is not a contract in the usual sense, as there are no obligations from both parties mentioned. It is just an authorization from the model, a promise that it will safeguard the photographer and his licensees from liability concerning (commercial) use and alterations, and a recognition that the photographer has the copyright. If it were a contract, the obligations of both parties would be mentioned (like to show up on time and perform as agreed) and each party would have a copy. In principle, a Release just comes in one copy: a simple release/authorization/recognition from the model to the photographer. The photographer promises nothing, not even to use the photos. Protection from slanderous use is not even required (although safer).

Whatever your compensation or contract with the model might be (TFP, free-lance with an independent model-contractor, employee), it is independent from the release itself. It's not the agent's business. I really hate to disagree with you respectfully on this one.

FTR there is no legal definition for 'model release' anywhere in the world, it is a contract between two parties. When you shoot a model they are in your employ and under your direction, if they have an accident it is you they will sue under employment law, if they damage any property belonging to a third party it would be you the employer who would be liable. Like it or not it's an employment contract.

First of all, it's not because it's not a standard thing that a release can't be valid. You can agree/allow anything as long as it's not illegal nor immoral. A Hire to Kill contract can't be used in court if the killer runs away with the money. You can also argue that our case is a cooperation between two artists/independents that work together to produce a result. A good model sometimes takes the lead in free posing or insists on some concepts to be done. In that case the photographer just follows.

Correct me if I'm wrong, but I guess that what you warn for is that any release not intended as an employment contract can and will be deemed like that in a labour court in case an accident happens to the model. I know this happened (in Belgium and in the construction trade) in case of fake-subcontractors deemed employees of the main contractor, that wanted to avoid the high taxes on employment. A key element was the sub-ordinance of the employee vs the independence of a subcontractor. So the verdict will also depend on whether you use a model occasionally or very regularly. A clown with a daily act in a theme park will probably be deemed an employee, while a guest or occasional clown will not.

Thanks for cautioning against this.

1380
Image Sleuth / Re: Stolen images on a foreign site?
« on: March 12, 2010, 02:09 »
Page not loading. Maybe we got em!
I can still get them easily.

1381
Has anyone used a generic release (such as the Getty one? or a generic version of either of the releases available from these sites?) wit success at both sites?
Based on the English Model Release form of Getty (good for stills and video) and with a few insignificant changes in style and some fonts, and replacing the countries of jurisdiction by "(...)", I made a blank MS-Word 1997-2003 doc format version that you change easily and download clicking this link. It has been accepted by all sites for stills, and I don't see why it wouldn't be suited for video too.

1382
iStockPhoto.com / Re: Istockphoto rejection because MR date
« on: March 11, 2010, 09:08 »
A model release is not nor ever has been an Employment Contract.

Correct. If it would be an employment contract, in a collectivist country like Belgium you would have to follow the vast social security legislation and associated red tape pertaining to hiring employees. One of the smaller consequences is that you as an employer are responsible for all accidents on the way going to and returning from "work". It is just a "release" whereby the model releases the photographer from any liabilities of harming its rights by publishing its likeness, in consideration of something valuable, like copies of the images or 1$. You can make it a contract, but the minimal release is just that... a release.
http://www.danheller.com/model-release.html

1383
Does anybody has universal MR that is accepted on all sites...?
In Word-format (click to download form). Accepted by everybody. For video and stills. Replace red text by either a state in the US, or your own country (requirement of DT).

1384
Banding can be a mess, especially in skies. Added noise (high spatial frequencies) is easily filtered out by our perceptual system leaving the low spatial frequency banding intact, unless you make the noise very high. A classical trick (in perception psychology at least) is to destroy the LF banding by a competing LF structure like ripples or clouding. Do this on a separate layer and mix at wish. Often 10% is already enough.

1385
Yaymicro / Re: Who has had sales at YayMicro ?
« on: March 03, 2010, 20:12 »
Its like "Waiting For Godot"
En attendant Godot, Samuel Beckett
Quote
"But that is not the question. Why are we here, that is the question.
And we are blessed in this, that we happen to know the answer.
Yes, in this immense confusion one thing alone is clear. We are waiting for Godot to come."

1386
Bigstock.com / Re: BigStock redesign?
« on: March 03, 2010, 19:24 »
It looks like a B&W obituary to me. Maybe that was the intent. And I hate that login popup screen, just like IS. That's a few clicks too many. If it ain't broken, don't fix it.

1387
He is a fantastic photographer. I know his port by heart and I wish I could reach his level now and then. This place is to learn... not to fight.
Thanks I've never had a stalker before  :D
I'm actually trying to steal your concepts.  ;)

1388
The problem is that there are two types of IPTC. The "legacy" (old) one and the XMP model by Adobe that was meant as a superset of it. A few new sites had problems with it. I remember I had to send some code to LO to get it solved on their site. There are a few tricks in that code. Apparently IS doesn't want to invest in it. After DeepMeta, it just doesn't matter any more. Are there still people around not using DeepMeta?
FYI: I use Irfanview and it only writes the legacy IPTC. The only problem is with BigStock that takes old field values when you overwrite them with new values.

1389
Thanks for editing that.
It took 5 minutes since I had an electricity brownout. That was Dr. Jekyll.

1390
This forum is not  a gossip magazine.

It is. And now and then, it's also Sgt. Pepper's Lonely Hearts Club Band;)
Quote
It's wonderful to be here
It's certainly a thrill
You're such a lovely audience
We'd like to take you home with us.

1391
Are you that egocentric?
He is a fantastic photographer. I know his port by heart and I wish I could reach his level now and then. This place is to learn... not to fight.

1392
1. They are microstock cheerleaders telling everyone how great this business is.
2. They still earn $0.25  at Shutterstock
3. They support Thinkstock.  And of course, they think $0.25 is ok! 
4. They do not yet qualify to be IS exclusive.  Even though it's only 250 images required.
5. They celebrate every single sale they make.
6. They make statistics with small numbers.

What else? Mmm... Ah!

7. They run a very expert blog about the microstock business.
8. They pimp their contributor referral links in all message bodies, as well as their very expert blog article links.
9. When you block them as time wasters on the MSG, they start scorning you in private in the Dreamstime comments.
10. You will find them as commenters on all successful blogs like Lee's and Ellen's. They spend more time babbling, blogging, foruming and commenting than shooting.

1393
The time of stock is really really really over by now. Yuri Arcurs is sitting near McDonald's with a styrofoam cup, begging for cents. Really. Better get out. Nothing to see here. Move on. Really.  8)
speak for yourself ;-) but the time to start new in microstock seems to be gone...wouldn't want to be starting from scratch now and as sharply_done said earlier, the more invested you become, and ironically the more your income grows, the closer you keep your cards to your chest.
Sure. Very close. Really.  ;D

1394
General Stock Discussion / Re: Yuri admits he's losing money !
« on: February 28, 2010, 18:53 »
There is another reason why the Yuri Arcurs fairy tale could not last forever. He has a very unique high key style with bleached out backgrounds and perfect models, a bit like Jonathan Ross. You can't open a mag or a business website or you see a "Yuri Arcurs", just like you can spot a "Picasso".
People are going to become tired after a while, since like in everything, there is a fashion in imagery and people get easily bored.

Of course he will have realized that himself some time ago. If he scales down now, and lives off of his images on the shelves for 2-4 years to come, he will probably try something completely different, like RM or assignments.

1395
General Stock Discussion / Re: Getty sold a 65K $ image !
« on: February 28, 2010, 18:35 »
Exactly.....that .65 would not possible without photoshop and the digital camera and vacation time..

My most recent EL on SS (last friday) was a shot of a house I took from my kitchen window. I figure the cost of that shoot is slightly less than what Yuri Arcurs spends.  :P
Of course, I only have one kitchen window, but you can shoot very salable stock just on the way. My favorites are airports and airplanes. They just cost the clicks of the cam, and they are very difficult to copy.
Everything you shoot in studio can and will be copied, if it sells, and they will steal your title and keywords too.

1396
General Stock Discussion / Re: Getty sold a 65K $ image !
« on: February 28, 2010, 18:11 »
That's the point and the lesson to learn from that elephant photo.

Fine. End next week I'll go to Cloud 9, the surfing paradise on Siargao Island not too far away and take some background shots of surfers and waves. Next, I'll shoot everything I find on 4 legs, photoshop it in and sell it for 0.65$.  ;D
Welcome to stock. (this is no joke)

1397
Like I said, nothing inherently wrong with making your money blogging about micro, just don't expect those that stand to lose out from your efforts to help you do it :)
Well those anonymous contributor referral hunters are quite spammy and annoying on a forum like this. It's a pyramid scheme anyways that requires always more and more contributors. The agents are to blame since contributor referring is useless now that everybody with a cam and his brother already signed up. The agents then could raise our commission with the money they waste otherwise on contributor referral hunters.

Another thing is buyer referrals, which is much more sustainable as a business model and isn't at the expense of the creator. What's more, those people would leave this site alone then and hang out at buyer's or designer forums. It's the kind of blog that Slocke has: a buyers guide.

You could even think about a viable business model just referring buyers, without being a photographer yourself, if you offer some added value to the buyer.
In the tens of millions of images online, it will cost more and more time/$$ for buyers to find the right image, so you can do their image scouting if you are familiar with the different search engines. Somebody posted here a while ago buyers at the moment spend more $$ on finding images than on buying them, because of the price collapse of images.

1398
General Stock Discussion / Re: Getty sold a 65K $ image !
« on: February 28, 2010, 17:04 »
strange !
it was working 2 minutes ago.
They probably reconfigured the server against deep links since you can lose a lot of bandwidth by deeplinkers.
I assume the image is photoshopped.  ;)

1399
General Stock Discussion / Re: Getty sold a 65K $ image !
« on: February 28, 2010, 16:50 »
the thread would really make more sense if we could see the photo you are talking about. The link from the alamy forum, for me anyway, says I don't have permission to see.
Same here. I think you have to be logged in that forum to see it. I also don't see it here since I adblocked all images on the MSG since Leaf really overdid it with the blinking banners. Horrible, I get a headache from it.  :-[

1400
The time of stock is really really really over by now. Yuri Arcurs is sitting near McDonald's with a styrofoam cup, begging for cents. Really. Better get out. Nothing to see here. Move on. Really.  8)

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