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Messages - Jo Ann Snover

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2651
Shutterstock.com / Re: New Contributor TOS at Shutterstock
« on: June 30, 2015, 12:12 »
This is a change to forum guidelines - they don't talk about banning you from the forums, just closing your account if you don't follow the forum guidelines - and I assume that means you contributor account.

"Forum Guidelines

You agree to follow Shutterstock's Forum Guidelines. Any activity by you on Shutterstock's forum (please see "Forum for Contributors") which does not adhere to Shutterstock's Forum Guidelines may result in the termination of your Shutterstock account. The terms of Shutterstock's Forum Guidelines are deemed incorporated into and made a part of the TOS by this reference."

It used to say something that talked about forum bans with a possibility of losing your account - which seemed less heavy handed:

"15. b. You agree not to post any material that is abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or that may violate any applicable laws. Violating these terms of use shall be deemed a material breach of the TOS and may lead to you being immediately and permanently banned from the forums and your service provider being informed. Shutterstock may also terminate your Contributor Account.?

On the copyright infringement claims clause, I'm not thrilled with the idea that if Shutterstock decides to do nothing, we would have to get their permission do pursue the case on our own. And as independents, we might have to contact a potential infringer up front to find out where the downloaded the content from - in the past, SS is always quick to point out that the license might not have come from them.

It seems to me that if SS chooses to do nothing, we should be able to go ahead on our own. If a very large customer of theirs were involved in something inappropriate, I can imagine they'd rather keep the customer happy and leave us out of the picture. Seems a bit dog in the manger to me if they aren't interested in taking action that we're unable to do so without risking our account getting closed by them.

"13. Copyright Infringement Claims

You hereby grant Shutterstock the right and authority to take such steps as Shutterstock deems commercially reasonable to protect Shutterstock's rights in the Content.

In the event that you believe Content has been misused, you shall take no action without providing notice of such misuse to Shutterstock and receiving Shutterstock's prior written consent to such action.
While Shutterstock takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, Shutterstock has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content."

In section 17, Miscellaneous, there is a new clause that talks about violating this "or any other" agreement with SS - and your account can be terminated. What other agreement?

"e. In the event that you breach any of the terms of this or any other agreement with Shutterstock, Shutterstock shall have the right to terminate your account without further notice, in addition to Shutterstock's other rights at law and/or equity."

And the May 29 date suggests they delayed putting this out but forgot to edit their draft. The document says an announcement on our login page is how we get notice of changes. And I don't think we get prior notice at SS.

2652
Canva / Re: Canva
« on: June 30, 2015, 09:49 »
If you have images removed, it might not be due to active removal by Canva, it might be due to that you have uploaded images with the same image names...

That's not the case for me. I don't think I have any duplicate names in my portfolio, and though it's possible I might have messed up and uploaded an image twice, the deletions have happened when there weren't any uploads happening - and I've been holding off any more uploading for a few weeks, waiting for these mystery deletions to stop.

I've been holding at the same portfolio size for about a week though (I only have 430 uploaded, only a small portion of my portfolio).

Edited Sun July 5th:
At the end of last week I lost one (429) and I just checked (Sunday afternoon) and I lost another 3.

I completely understand that they set the criteria for acceptance. What I don't understand is the lack of any contributor communication about what they don't want. They did earlier say no images with text in them, but I don't have any of those, so I know it's not that.

I don't want to waste their time (or mine) uploading work that isn't what they're looking for, but it would help a lot if they'd talk to contributors about what sorts of things they're deleting.

Mon July 6th: Just lost another 2

2653
Shutterstock.com / Re: New Contributor TOS at Shutterstock
« on: June 29, 2015, 16:23 »
As I see the site, the full terms of service are still the Sept 17 2013 version (and I cleared Chrome's browser data to be sure). So the "see the full terms of service" from the blog doesn't really mean much yet.

I don't see anything bad there with two possible exceptions.

1. If the lowered payout is indicating that some big change in earnings (i.e. the BigStock royalty schedule) is coming soon. I think that's unlikely and that it's more likely that new contributors are discouraged and walk away and they're clearly looking to boost their contributor base. I suspect that's an insurance policy for them if they p*ss off existing contributors.

2. Using editorial as commercial with no additional liability to the photographer. If they promise to defend any lawsuit filed against us, then it's good, but saying we're not incurring any new liability doesn't stop someone from suing us and then we have to defend ourselves if SS doesn't step in (the way an insurer would). I would look at the details of the Terms of Service except that they haven't posted them.

2654
Canva / Re: Canva
« on: June 29, 2015, 12:52 »
...Are your files still being deleted? My port is shrinking at a rate of approx 1 image a day.
The positive side is that sales are on the up and June is my BME there :)

My portfolio is holding steady since last Tuesday, and yes, June is a BME which is very promising. If I go a few weeks without more deletions, I'll start uploading again (assuming FTP starts working that is)

2655
Software / Re: visual image browsing
« on: June 29, 2015, 12:49 »
I think the idea is extremely interesting, however I found the site currently very confusing (and I did watch the video first, but that didn't really explain enough, for me anyway, of what was going on).

I did a search for picnic basket and although I did get some picnic baskets in the center area, I had models posing lower left, bottles of milk, nesting russian dolls, grass, statues of elephants and all sorts of seemingly unrelated items.

As best I can figure out, the window on the left lets me seed the display if I click on the thumbs underneath. I don't really understand how the star map larger part of the window helps me navigate - what clues do I have other than getting a thumbnail if I hover what sorts of things are where?

I have no idea what to do with the layered pyramid with the top cut off on lower right - it doesn't let me click on a different layer.

I think if your video had some explanations of what was going on it might be easier to follow - there are many areas to look at and I think that while I'm watching one part of the screen in the video, you're doing something elsewhere that actually I should be looking at instead.

2656
Photography Equipment / Re: Apple's new dual-lens camera
« on: June 28, 2015, 14:02 »
I currently have an iPhone 5s (I've had iPhones since an iPhone 3G in 2008) and for the first time am considering that my next phone might be something else. A photographer friend recent got the LG-G4 which has been getting great reviews for its camera.

I use a mac and have been increasingly frustrated with Apple's software on that and on my iPhone. The TouchID on my phone is a lovely idea but it just doesn't work for me - who knows what's wrong with my thumbs? Possibly their new camera will be breathtaking, but given the mounting frustrations over various Apple products, color me skeptical.

2657
I recently discovered my images being sold as $100 posters on art.com etc - they said they had 'licensed' them from bigstock.  BS says this is ok, as they just sell one print at a time, even though bigstock's licensing specifically says images cannot be resold as prints, posters, etc

They used to have an opt out (and I opted out as soon as I saw what royalty I received for one of these print sales). The real issue for me was that I sell  via FAA and make much more than the pittance BigStock was paying, so why undercut myself?

I left BigStock when they wouldn't let us opt out of their lowball subscription scheme, so my information may no longer be current. I think anyone who sells via any print on demand site directly would want to insist on an opt out from these deals.

2658
Adobe Stock / Re: Introducing Adobe Stock!
« on: June 25, 2015, 17:50 »
Thanks for posting that. Some exclusives had mentioned that but I hadn't seen the whole text.

I just received e-mail about the Ambassador Program which sounds (me summarizing) like an effort to have contributors help market iStock. I assume that's because they're either not spending on marketing as much/any more or it isn't working well.

"With your social media participation, together we can spread the message, build our brands, and ultimately attract many more people to the amazing content youve created for iStock and Getty Images licensing."

Possibly I received the e-mail because I used to be exclusive? Not sure if this is open to indie contributors or not.

Regarding the message to exclusives, I think the issue is that they conflate superior content and exclusive content (and some exclusive content is spectacular; some is just the same as other content but from a different artist).

I believe Adobe Stock has issues in comparison to Shutterstock - because there is so much more choice at Shutterstock and the WebDAM approach to managing assets is broader (they'll manage any digital asset, not just the subset Adobe will put into the Creative Cloud Library). I'm not sure iStock/Getty even competes in the same arena (do they offer some sort of digital asset management solution?) and their library is smaller if the numbers in recent articles about Adobe Stock are correct (they were saying about 25 million images on iStock.

Getty has a lot of other images at much higher prices (the 100 million number includes editorial and lots of RM stuff) and so isn't really a useful comparison vis-a-vis Adobe Stock. Not to mention quite a number of people are no longer exclusive so it's hit or miss whether their content will draw them to iStock

The argument about Adobe not having photographer's interests at heart is true, but it's also true for iStock, Getty, SS and the rest of the agencies. (Stocksy's a cooperative so that's an exception). I won't rehash all the anti-contributor moves Getty has made, or Jonathan Klein's remarks that Getty wasn't photographer cuddly but was photographer friendly.

if iStock wants to push the superior content message, they have to actually walk the walk. That means dumping the underexposed fruit slices and all that other imported dreck at premium prices (or at least pricing them at the lowest level).




2659
Shutterstock.com / Re: sudden increase of $0.38 SODs
« on: June 25, 2015, 14:00 »
"P"ixart just got some in the last hour, maybe "S"helma will follow alphabetically?

But "S"nover has had 8 today after a long patch where there were very few of the 38 cent SODs (not one in May) - I I think "S"helma's real last name doesn't begin with S either :)

2660
An alternate opinion, which blames Getty itself for poor SEO and complicated purchasing:

http://www.thesempost.com/getty-images-blames-google-not-competitors/


Lovely :)

It isn't entirely fair in that the purchase example is an RM image - it would have easier (and more comparable to their competitors) if they picked an RF image. But the overall points are valid.

Getty's biggest problem is its private equity ownership and its own greedy+inept management of a once segment leading business.

2661
Ss has said many many times that they don't want to do exclusivity. Image exclusivity is easier than artist exclusivity (iStock does only the latter, DT and FT do both)

I was an iStock exclusive for a while (2008-2011) and it's not a trivial thing to leave and build things back up again. Given the rise and fall of empires, I don't think I'd ever do artist exclusive again - and given the agency behavior over the last couple of years, I don't trust any of them to have contributor interests in their sights.

Image exclusivity is something I'd consider depending on the agency (and the market they sell to) and the terms. If the agency can't move the exclusive items, you have higher theoretical earnings and zero actual cash.

2662
Are they images you have for sale on a stock site?  Could they have purchased an extended license?


If your images are for sale at some agencies (Fotolia is one) you wouldn't even have to buy an extended license - they allow API users to show works and then buy a license for each print sale (if and when they happen).

How could that ever be monitored?


I didn't like the deal when Fotolia first allowed it many years ago and a number of us argued with them about it, but clearly lost.

2663
iStock - and I thought SS had recently said effectively the same thing - says that if you have a reference image used for a vector, you need to provide the reference art and you need to own the copyright to it (or it's in the public domain).

If you're tracing a copyrighted map, I think you have a problem. If you can find something public domain to trace, you should be OK

2664
Are they images you have for sale on a stock site?  Could they have purchased an extended license?

If your images are for sale at some agencies (Fotolia is one) you wouldn't even have to buy an extended license - they allow API users to show works and then buy a license for each print sale (if and when they happen).

2665
And what's about Alamy? Is it same there too?

For Royalty Free yes - you can submit those images anywhere you want to. If you submit Rights Managed it's more complicated but you can't have a rights managed image one place that you sell royalty free elsewhere (because you'll have no idea who, where, how or how long the RF images are in use and thus can't provide many of the desired options to an RM buyer).

Some agencies - Fotolia and Dreamstime are two examples - let you submit exclusive images. If you take that option, then those particular images should not be submitted anywhere else.

2666
There is a fundamental difference between paying up front with no guarantee of sales or any refund if they're useless at marketing their images and someone who does sell your work taking a commission from the price.

You're not spending anything to sell on Shutterstock. You're not getting 100% of the sale, but for the fledgling agency, 100% of nothing is still nothing. The agency portion of a sale is not money we spend; the full sale is not our income with the agency commission an expense (Envato tried to make it that way, but that was them indulging in fiction).

Even if you assume good faith on the part of the agency, we have lots of examples of failed agencies - where they can't generate sales from known sale-capable portfolios. If they fail, you're out your time to upload plus $500. Getty was able to get photographers to pay to place their images with them because Getty had a track record (at the time) of generating sales. I doubt they could get many people to give them cash up front today.

If a new agency is after content, asking the contributor for money as a way to get it is, IMO, the equivalent of a contributor IQ test.


2667
Canva / Re: Canva
« on: June 23, 2015, 17:43 »
Thanks, I wouldn't have found that on my own... I don't know if any of mine have been deleted, but I have a baseline now.


Just tack your user name (the selling one) onto the site URL - for me www.canva.com/joannsnover - to see the total portfolio for sale. I've dropped another 3 since yesterday...

2668
So an agency with a spotty sales record for its existing product is introducing a standard stock agency offering and for a hefty annual fee ($500) is willing to let you keep any earnings for any purchases.

For them it's a great deal - instead of paying contributors to upload to a new site, have them pay you instead.

I wouldn't touch that "deal" with a 10 foot pole

2669
Canva / Re: Canva
« on: June 23, 2015, 14:18 »
On Canva I often get two sales of the same image at the same time...

Canva is micro rights managed. Each design someone uses your work in requires a separate payment. They are introducing a RF license, but for the moment, if they need the image for brochure, web site and an annual report, that's three sales, not one.

2670
Alamy.com / Simple change to assist contributors
« on: June 23, 2015, 10:09 »
I have a portfolio at Alamy (although I'm not uploading there at the moment as sales seem to have slowed dramatically) but I find their sales and payment practices to be really unfriendly to contributors.

I found one of my images in use in the online Travel & Leisure magazine, credited to me/Alamy but there was no reported sale. The date on the article was June 3rd. I wrote to Alamy member services to ask about this (acknowledging it was possible the file had been licensed elsewhere).

They replied that "Weve a relevant download for your image CTC9F8 from travel and leisure." and saying that a delay in reporting usages is "normal" and that some customers take up to 3 months to report usages. If I didn't see the sale show up in 3 months then check back with them, they'd check the customer's downloads and invoice them.

And then the 45 day wait for a balance to clear begins

Given these massively generous cash floats the agency gives their customers, images should cost more at Alamy!

The suggestion that I think would really help contributors is that downloads of an image should be reported in real time - in a separate interface from the sales reports. Probably shouldn't include the name of the company which downloaded it (nice though that would be) so that contributors didn't pester customers. If nothing else, it'd give us a starting point to try and track down unreported sales.

Is there any reason this is a bad idea?

2671
Canva / Re: Canva
« on: June 22, 2015, 18:03 »
They're still trimming existing portfolios - some time in the last few days 2 items (no idea which ones) disappeared from my active portfolio (i.e. I'm not counting any of those items in the limbo of wait for cutout).

2673
I was always wondering how that works. How can "other" people upload songs of famous artists to Youtube and get away with that?

I once filmed a university graduation and when I wanted to publish it, Youtube refused it because during the closing ceremony they played a famous song in the background.

So I have no clue how all these different versions of famous songs were even possible to be uploaded to Youtube in the first place?

Does anyone know how this is possible?


http://techcrunch.com/2014/12/08/youtube-now-tells-you-how-copyrighted-music-will-affect-your-video-before-you-upload-it/

2674
Shutterstock.com / Re: Shutterstock and PMC Deal
« on: June 22, 2015, 01:51 »
But it's free (for occasional reads).

I found this quote from the PMC CEO most interesting. He "...saw a better opportunity in aligning the PMC brands with Shutterstock, which we believe to be the ascending platform for imagery and video. Also said they were worried about Gettys current financial condition.

Oringer was quoted as saying that an issue for SS was getting access to events, and this deal let them trade their large pool of customers and high volume of sales for PMC's existing spots on the red carpet. SS will sell their archive too.

http://variety.com/2015/biz/news/shutterstock-penske-photo-business-1201524128/

http://wwd.com/media-news/digital/wwd-pmc-penske-shutterstock-deal-10161065/

There's also a quote at the end of the Variety article about WebDAM being a part of this:

"PMC has chosen Shutterstocks digital asset management service, WebDAM, to support its editorial and creative teams needs to store, organize and manage visual content on a cloud-based platform."

And from the WWD article:

"In addition, Shutterstock will become the exclusive photographer at the more than 50 events, galas, summits and conferences PMC produces annually, including Fairchild Summits and Varietys numerous conversations with top film and TV talent at film festivals, premieres, award shows and executive conferences."

http://deadline.com/2015/06/pmc-shutterstock-entertainment-fashion-image-alliance-1201450397/

This article says that distribution will be through Rex: "Shutterstock initially will distribute images through its Rex Features news service and to Shutterstock Premier customers."

2675
Pond5 / Re: Anyone Having Luck Selling Photos ?
« on: June 21, 2015, 10:27 »
;D Testing with only a part of your images is NOT working !!!
If coca cola would sell in just one small city with just 20 bottles..
That`s not working.

It depends on whether you have a portfolio that's already established at other sites. If you do, then you know what sells and what doesn't (after the fact; I'm not saying I could ever know for sure up front).

A long time ago, another stock photographer shared the idea that for a new site, give them 300 of your known sellers. If they can't move those in a few months, then you know enough not to bother giving them more.

Clearly there are exceptions - primarily for specialty sites or new ideas (like Creative Market selling PSDs and more complex things).

Regarding the original question, Pond5 has a low payout and it's automatic once you get to the threshold, but I found the low (and not growing) photo sales and painful upload process a deterrent to further uploads.

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