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Messages - RT

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251
iStockPhoto.com / Re: POLL: Did you boycott Thinkstock?
« on: November 30, 2011, 10:39 »
Im sitting here in my 2009 Range-Rover ...............

* wish you'd said that earlier, I just bought a Mercedes but I'd have got the Range Rover if I knew it had wi-fi in it  ;)

252
Shutterstock.com / Re: Ridiculous rejections
« on: November 30, 2011, 10:36 »
You might all wanna go back to the drawingboard and try to get it right in-camera and from the very start. There are photo-schools and colleges, something called a Tripod, prevents camera shake, its a kind of three-legged thingy. Spending thousands of bucks on high-res cams, just to downsize to a point/shoot cam is not to recommend.
Take the rough with the smooth boys. Tisk, tisk, tisk.

Camera, tripod - Ah now I see, I was using my phone sellotaped to a table  :P

253
1. Apologise to buyers for previous arrogant behaviour.
2. Apologise to contributors for - well everything really
3. Hire a new IT department and forum moderator then keep my fingers crossed that 1 & 2 work, otherwise look for another job.

254
Shutterstock.com / Re: Shutterstock Exclusivity
« on: November 30, 2011, 10:25 »
SS would be the last place I'd consider going exclusive, they have the lowest overall RPD of any of the microstock sites I submit to.

255
Envato / Re: Uploading via FTP
« on: November 30, 2011, 10:23 »
I had this same problem. I think for your application images (first 10 (or maybe first 5-10)) there is no bulk upload folder that I could see. I ended up zipping them and sending it that way. I didn't include any model released images in the first 10 because I didn't know how to deal w/ the MRs.

I must say that PD has one of the weirdest and most un-intuitive upload schemes. I haven't tried any MR images yet. In fact after getting in I just uploaded a few to see how it worked and I have no idea if they have been accepted or not nor do I have any idea how I would go about finding them other than eventually seeing them in the image search.

They really should take a look at any of the other sites (except IS) to see how one uploads/processes images.

Ah thanks for that, I won't be bothering zipping files, when they take contributors uploading seriously I'll re-consider.

256
Shutterstock.com / Re: Ridiculous rejections
« on: November 30, 2011, 05:58 »
^ No they weren't shallow DoF and the I only use the best Canon glass available, call me old fashioned but when you submit a photo with a person in it and that person is the focal point I was always lead to believe the eyes were the focus point,  on the shots in question the whole head of the person is within the DoF as is the body.
 Another example is where I've submitted a photo with a person in the background that is deliberately and obviously OOF but the purpose of the shot is the item in the foreground that is perfectly in focus and it's obvious that's the focal point of the shot because it's an item with a giant word on it.
 And my most recent rejections are for some still life shots with a candle, one candle, the candle is in focus with the focal point being the flame, shot at f11.

More worrying is the fact that the majority of the shots from the same series have been accepted.

Years ago I had a go at reviewing, I only did six batches and hated it but the one thing I did learn is that images containing a lot of information take time to load and at first they look OOF but then when the whole file loads things appear correctly, I'm concerned that because of the amount of extra files SS are getting these days (maybe all the iS exclusives!) the reviewers are rushing things, or even worse the standards of the reviewers is not what it should be.
 It wouldn't bother me so much if the support on SS answered emails.

257
Envato / Re: Uploading via FTP
« on: November 30, 2011, 04:29 »
Thanks but I couldn't find any folder for model releases either on the site or in my FTP client (which is Filezilla), checking their help section shows me examples of the site and what I should be doing, unfortunately it's nothing like what I'm seeing.

I only joined because others who's opinion I value have mentioned they have potential, I don't join new sites because generally speaking I think the market is closed to new agencies unless they have something really special to offer, even then I'm not uploading to a new site if the upload system is more complicated than every other single microstock agency in existence, just not worth the gamble or my time IMO.

258
Shutterstock.com / Re: Ridiculous rejections
« on: November 30, 2011, 03:50 »
Don't know about anybody else but I've been getting quite a few "image is not in focus........etc" rejections recently, and all of the files are perfectly in focus and have been accepted at every other agency, I'm wondering if the reviewers are allowing enough times for the files to load.

Sent an email to support but got the usual response i.e. none.  ::)

259
Envato / Uploading via FTP
« on: November 30, 2011, 03:47 »
I've opened an account and uploaded the ten files via FTP, however now I'm completely lost as to what you're meant to do with them, they all have a tick next to them but won't allow me to do anything else because I get an error saying they're not a .zip file. Any suggestions?

Also am I right in thinking there's no release folder and that you have to upload the releases with each future batch? If that's the case I won't be bothering.

This has got to be the most complicated upload system on any of the micros.

260
Approx 80%, I say approx because I've always found that it normally takes at least three months (with a few exceptions) before new content starts selling and I've included my new content in the figure.

261
iStockPhoto.com / Re: Istockphoto Down For Maintenance or Hacked?
« on: November 28, 2011, 09:17 »
Most photographers I know do a mix of assignment work and stock, i.e. they'll shoot something specific for a client but the client has to buy it via istock (because we are exclusive).

If you're shooting something specific for a client why would you then get them to buy it via iStock?

262
iStockPhoto.com / Re: Time for action!
« on: November 17, 2011, 06:32 »
(Hopefully) they should know more about maximising revenue than us.

I agree, but in who's favour  ;)

263
iStockPhoto.com / Re: Time for action!
« on: November 17, 2011, 06:12 »
If I'm not mistaken you can stop the move from both RM to RF, as well as RF downstream to Thinkstock/Photos.com. They will then be taken out of their present collection and "handed back" to you. 99% sure this was the case, but I haven't double-checked.

So basically if I understood it correctly Getty will be able to shift your images around, if you don't like it they can be taken out and "handed back" to you, but you can't demand/choose where they should be.

No you're not mistaken what you say is correct, after the initial contract came out and caused an uproar they made a statement that you would be contacted before any of your RM images were moved to RF, and then given the option to either specify why they shouldn't be moved (high production value or a promise to a model that the images won't be sold RF) or remove the images from Getty yourself.

For new RM images (post signing the contract) submitted to the house collection you have to specify either of those two reasons at the time of submission.

To further clarify things, RM images placed under the Photographers Choice (pay to play) scheme don't get moved to RF without your permission.

Though I am also wondering why this is being discussed on a microstock forum.

264
Shutterstock.com / I wonder who they're aiming this at
« on: November 16, 2011, 15:14 »
http://www.shutterstock.com/buzz/control-your-portfolio-opt-in-or-opt-out?sid=NOVNLS&utm_source=article2&utm_medium=email&utm_campaign=NOVNLS

Looks like Shutterstock have woken up to what been happening at iStockphoto, I'm not sure how many serious exclusive contributors would be interested though.

265
never before in history creative artists were treated and paid crap like today.

Rubbish, Vincent Van Gogh died penniless like most of the artists who's work suddenly became valuable after their demise.

266
I love reading stories where somebody in the "art" world is stupid enough to pay this much money for a low quality snapshot, what's even more enjoyable is knowing that the buyer will be discussing the artistic virtues of this photo whilst any educated person will be laughing at them. What would make it even better is to discover it was taken by the guys dog on his cameraphone.

267
iStockPhoto.com / Re: BIg best match shift?
« on: November 11, 2011, 04:44 »
There is a crazy belief, that picture buyers will sit for hours on end looking/searching suitable pictures,  nothing could be more untrue and especially among professional buyers where time is the essence. I have seen it,  many times, as soon as they get into the messy interface of IS,  they click out and move elsewhere,  dont even bother to fill in a search words. Too many collections, prices, etc,  just too messy.
They might spend some time when buying RM, where prices are a lot higher but they certainly are not doing it, buying micro. Quicker and cheaper to just move on.

The buyers I speak to never mention the different price points or collections and when asked they don't really care, all they want is to find the image they want, price isn't the major factor. However I'm in total agreement about the search engine and it's the one thing I hear over and over, iStock's CV is a disaster and that's what's driving buyers away, that and iStocks constant fixation to f*@k around with the search results.

268
General Stock Discussion / Re: November, so far?
« on: November 11, 2011, 04:35 »
Sales at iStockphoto are down to about 25% of what they should be, downloads at Shutterstock have over doubled but nowhere near make up for the lost iS revenue, Fotolia are down, Dreamstime are steady.

The effects of iStock's negative management are starting to hit me hard!

269
Just because others do worse, it isn`t a justification for Photodune. And yes, we ARE upset about the others too.
If all contributors would have refused to upload under those conditions, they would have been forced to change their terms. Therefore I make everyone of the early uploaders to PD responsible for the mess we have here and partially responsible for other Agencies which may reduce our cut. I really lost some respect for some individuals known here I highly valued before.

Face it. Profit at all costs is destroying our environment, ecology, financial markets etc. This type of business Model has to be abandoned. While I understand those individuals who do NOT stop to upload to established Companies like istock because they have to make a living, I do NOT understand how anybody can support such unfair conditions from a newcomer Agency.

Exactly. Well said. It never fails to amaze me how some contributors upload their portfolios to every new agency apparently irrespective of what the agency is offering or by how much they are undercutting other agencies that sell in volume.

Not that it is any of my business as an IS exclusive, but I think it is what is called "shooting yourself in the foot" .

I agree with gostwyck and I often wonder how the same people that moan about low commissions on the top sites who have decent marketing campaigns and a firm customer base, are then prepared to accept a low commission on a new site with no customers and who do absolutely diddly squat in the way of trying to sell their images.

I think it's what's called - 'desperately shooting everyone else in the foot'.

270
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 06, 2011, 12:17 »

@ holgs - You're right I made it all up off the top of my head, please accept my appologies, I suggest in the future everyone listens to an ex employment lawyer, such as yourself, who seems to understand IP law so well.
 


Thanks for the sarcasm, but you still don't explain where your idea of the "copyright identity" being different from the copyright holder or owner comes from, or why you seem to think naming a party that isn't in fact the owner of the copyright, and only has an indirect relationship with the copyright owner, is better than naming the copyright owner.

If people are really seeking advice there's some useful online sources:
UK: http://www.ipo.gov.uk/types/copy/c-about/c-auto.htm
US: http://www.copyright.gov/circs/circ03.pdf
Australia: http://www.copyright.org.au/admin/cms-acc1/_images/3525355584d00168563bdf.pdf


The sarcasm comes from the fact that even now, even after you link to three documents all supporting exactly what I've said from the beginning i.e. 1. They are not breaking the law because there's no legal requirement to put a copyright notice. & 2. That the purpose of the text entered after is to identify the copyright holder and that it's doesn't by law have to be the copyright holders name, and that by having Thinkstock under your images on their site, they are not doing anything illegal. Even now you still don't seem to get it.

And please note I have never said that I think it is better than having my name, I have only ever said that it's not illegal. In fact on two occassions (quite clearly I thought) I have stated that I would personally prefer to have my details.

Try and look at this from a different perspective. Do you understand what the purpose of a copyright notice is? It is not there to serve as a way to advertise the holders portfolio, neither is it there to give you a buzz when you see your name in print, the whole purpose is to aid the protection of the copyright:

The is an internationally agreed symbol for 'Copyright', when displayed on/in/against any legible piece of work there can be no legal defense for an infringer to claim they weren't aware the work was copyright protected, or as gets banded about a lot nowadays, that is was public domain work.
The purpose of text after the is to identify the copyright holder - or in other words something from which the copyright holder can be identified, their name, initials, psuedonym or agent all satisfy this purpose, obviously from a protection point of view the clearer the better.
The date is obvious.

However I do have one final thing to say over this whole thing, and that is I've made a huge mistake - the mistake, always check the validity of the statement.

cclapper - Yes. Anyway, isn't it illegal for distributing agency to place/require just " agency name" for whatever images contributors hold copyrights to?  Or, when contributors do business with agency despite it, does it give some sort of implicit consent to hijack copyright notice?


I've just checked one of my images on the Thinkstock site, there's no copyright notice on it anywhere, in fact all they're doing is saying the images are from the iStockphoto collection which has absolutely nothing to do with copyright whatsoever. And as you (holgs) pointed out earlier the licensing agreement is encouraging buyers to to include a copyright notice identifying the photographer, which goes beyond what they have to do anyway.

Geez what a complete waste of time this thread is  >:(

271
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 05, 2011, 15:53 »
Oh @cclapper - As Lisa later pointed out, Ann's question was to Lisa about me not to me, but I suggest in the future you never assume, I had answered Ann's question in a PM to her, you can check if you want.

Well, first of all I didn't ASS-U-ME anything. I asked a question. To which I don't see where you have actually answered straight up. You keep talking legalese, as though you were or are an attorney. If you are, good for you. If you're not, it doesn't make a bit of difference to me. I don't really care if the question was addressed to Lisa or to you, I was asking the question TO YOU also.

Please explain how I can check a PM.  ??? I could ask Ann, but why would I ask her when I asked you?

But no matter that you haven't answered directly because I already handled the whole issue myself by NOT contributing anymore at all to istock or stinkstock.

Quote
I think people have got too hung up over this particular issue and I imagine a lot of it is because they are being forced to have their work included in Thinkstock against their wishes, looking at the bigger picture Getty as a company is world renowned for aggressively pursuing copyright infringers, to me that's the most important factor.

For me, it doesn't have anything to do with being forced into Thinkstock, since I am not. It has to do with what's right and what's wrong. Not legally, ethically. And Getty might be world renowned for aggressively pursuing copyright infringers, but istock and thinkstock most certainly are NOT. And to me that's the most important factor.

But thank you for speaking to me like I'm a child, Mike. Let me hang my head and cower into the corner because a man has admonished me.   :-*  

 ::)

PS Here's what I wrote the first time around, guess you didn't actually read it:

Quote
RT didn't answer Ann's question...are you a copyright attorney? If so, then I totally defer to what you say about copyrights. But just being an attorney doesn't necessarily mean you know everything about copyrights. If you are a family law attorney, for instance, you may have touched upon copyrights at some point in your studies/career. But typically if one asks a family law attorney about copyrights, the family law attorney would refer you to a copyright attorney.

"Well, first of all I didn't ASS-U-ME anything."

"RT didn't answer Ann's question...."

Yes I had answered it, as I had said in a PM, so therefore you did ASS-U-ME something, and you assumed it wrongly.

If it makes you really happy no I'm not a copyright attorney, I'm a full time photographer, but I was an IP attorney before that. Are you happy now - probably not but I don't really care, this whole pathetic argument started over me replying to Ann's initial comment about them putting Thinkstock after the and pointing out not it wasn't illegal, sorry for trying to help.

Oh and my name isn't Mike and I had no idea you're a woman, so I don't know why you felt the need to write "Let me hang my head and cower into the corner because a man has admonished me." I admonished you because you assumed I hadn't done something, which I had, I wasn't aware of using any gender specific terminology or undertones in my reply to you.

@ holgs - You're right I made it all up off the top of my head, please accept my appologies, I suggest in the future everyone listens to an ex employment lawyer, such as yourself, who seems to understand IP law so well.

 
 

272
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 05, 2011, 08:45 »
Well as you're so well educated in the subject maybe you'd like to actually show where it says "the copyright symbol does mean the owner of IP"
I'm not educated in those matters at all. I just repeat what our legal counsel (I'm connected with a media agency since a year) said on the occasion for the situation in Belgium (alone). Hence my statement ("most countries") was probably much too bold.

Umm you've confused me, the copyright symbol is just that, a symbol in place of the word copyright/copyrighted, although legally you don't have to display it at all, all creative work is copyrighted automatically as soon as it's (excuse the pun) created. The advantage of displaying is that it rules out any possible confusion, the symbol itself doesn't mean 'owner' and I've never said that!

He also insisted several times that group releases are legally valid but since stock agencies ask an individual release, I have my own at the side.

He's absolutely right about group releases, a release is just a form of contract between you and a third party or parties, you can include whatever you want on them. Stock agencies have their own policies regarding releases, those policies should not always be taken as legal requirements, although from a practical point of view generally speaking the policies made by agencies serve to protect you.

He also told that removing copyright info from an image is an offense (but was not clear about the EXIF) and that it should have the form (c), author, year.
Well copyright info isn't always included in an image, that's reliant on the author (photographer) inputting that data in the first place, modern cameras allow you to set that up so that's it's included in every image, but when you buy a new camera it's doesn't guess your name  :D So no, common logic tells you that he's wrong on that, what I think you'll find he was talking about is "moral rights", go look that up I'm not typing all that, when you've read it go and read the t&c on any of the sites you sell on, you've agreed to waive your moral rights.

As for , author, year - read my reply above - how old is your counsel  :D


To be clear, I got this info from him a year or more ago, and I didn't ask it again before my post. Specific laws might be different in other countries and the counsel might be wrong too, but until proven wrong, I trust him.

I don't confess the know the laws of every single country in the world, but neither for that matter should he, nothing wrong with trusting him - sounds a bit out of touch to me though.

OK I'm done on this matter, anything else go look it up for yourselves.

Oh @cclapper - As Lisa later pointed out, Ann's question was to Lisa about me not to me, but I suggest in the future you never assume, I had answered Ann's question in a PM to her, you can check if you want.

@Lisa - Thanks a lot  :-*

273
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 05, 2011, 08:24 »
Alternatively they might note that the historical origin of the practice was a statutory requirement to enforce copyright in many jurisdictions, including the US prior to those countries adopting the Berne Convention, and that this practice dictated that the symbol be followed by the name of the copyright holder and the year the work was created. It was never just to provide a contact point - maybe you can provide some authority for that proposition?

No it's never historically had to be the "name of the copyright holder" , as I said earlier historically it had to be the copyright identity, which was legally defined as being either the name, pseudonym, publisher or agent of the copyright holder - or in other words something by which they can be identifiable, or to put it in layman's terms - 'a point of contact' - I wrote that so people weren't confused into thinking 'identity' meant their name.. (I presume you've sourced your info from a site that's fallen foul of the common misconception of the word identity)

Now for me it's a pointless waste of any more time discussing how historically things used to be, let's deal in the present shall we.

A "competent" lawyer might also note that this is a continuing requirement in jurisdictions that haven't adopted the convention, and provides a procedural advantage even in many of those countries that have, so the name of the actual copyright holder is absolutely relevant. The adoption of a pseudonym itself is also irrelevant seeing as copyright statutes themselves envisage this and allow for a different expiration period for copyright (ie. 70 years from the date of publication rather than 70 years from the date of the death of the copyright holder).  

A "competent" lawyer (or ex) wouldn't get mislead over common legal definitions.  ;)

Sorry but there are legal, ethical and moral reasons why this should be a concern for contributors.

Sorry but I disagree and have pointed out that there are no legal concerns over this issue, you may not like it but unfortunately the law on this matter is not subject to your personal agreement. And as someone else has pointed out earlier, Getty's legal team seem to agree with me.

As for ethical and moral reasons, please read my first statement, I'm in favour of having our name or pseudonym next to our work, although personally it's a minor issue and it's not something I'm going to lose sleep over, so they're using their name after the instead of mine - I'm pretty sure it's just a marketing strategy on their behalf.

I think people have got too hung up over this particular issue and I imagine a lot of it is because they are being forced to have their work included in Thinkstock against their wishes, looking at the bigger picture Getty as a company is world renowned for aggressively pursuing copyright infringers, to me that's the most important factor.

Having said all this, in the past companies such as Getty have bowed to contributor pressure so if people really feel the urge to battle over what appears after the then go ahead and contact them, just don't accuse them of breaking the law - that's my advice.

274
iStockPhoto.com / Re: Sales have tanked big time
« on: November 04, 2011, 17:37 »
Really, I would jump through hoops and deal with all sorts of inconveniences if it meant saving a lot of money of for the exact same image form the exact same artist.  I am sure I would get used to dealing with a little "less than optimal supplier" if the image is the same.  Who cares about which discounter I have to go to.   I have no advantage to buying at a higher price. 

Have you considered that not everyone has the same ideals as you, I expect many of iStocks buyers are buying there because that's where the company they work for has the account, they might not have the choice of shopping elsewhere and probably don't care.

Then there's buyers who have gone to iStock as the result of iStock's marketing campaign, last iStock add I saw never mentioned anything along the lines of "we're iStock but most of the same images are cheaper at site X"

You said 'as a buyer you wouldn't buy an independents images from iStock' which is a surprising statement, without the buyers buying independents work on a site you've elected to be exclusive on, you are in a round about way wishing the demise of the site you've chosen - no independent sales, no independents, no iStock

275
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 17:19 »
@ Ann - it's not a problem we all vent at some time or another, sent you a PM

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