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General Stock Discussion / Re: Selling someone else's vintage images
« on: December 27, 2016, 02:53 »
if you don't ask, you definitely won't get permission.
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General Stock Discussion / Re: Selling someone else's vintage images« on: December 27, 2016, 02:53 »
if you don't ask, you definitely won't get permission.
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General Stock Discussion / Re: National parks and filming permits« on: December 27, 2016, 02:43 »
deleted
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General Stock Discussion / Re: Question about release for artwork« on: December 27, 2016, 02:30 »
the example you give show how clueless the stock agencies are in regards to releases. you do not legally need a property release, it is just something the stock agencies invented because they do not understand copyright law.
your property release, in this case, is essentially a form releasing rights to yourself. it makes no sense and would not be taken seriously by a court, it has no legal bearing. in addition, if someone contests your ownership, they would have to prove it is their work, meaning they would have to possess the original hardcopy or legal documentation for, which they don't. property releases in the case you describe are an example of stock agencies not understanding copyright laws. the only legal evidence that you own the original work is a filing with the US copyright office. stock agencies should be asking for that as proof, but they don't because they don't even understand what copyright filings are. the copyright upon creation laws has now prevented people from filing copyrights. perhaps it would help if you sign your work, by hand, beneath the work, so buyers can remove it if they want? I had copyrights filed with the US government, with certificates, and a stock agency told me it wasn't proof enough because stock agencies don't understand copyrights. 354
General Stock Discussion / Re: Question regarding uses of images« on: December 27, 2016, 02:24 »
licenses whereby media content is resold on a per unit basis is known as "mechanical licensing", and usually, a portion of each sale goes to the owner of the media used.
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General Stock Discussion / Re: Property release pain« on: December 27, 2016, 01:56 »
All buildings in the US built before 1990 cannot be copyprotected. Neither can architecture such as doorways or windows. neither can boats, cruise ships, signs, etc.
https://www.copyright.gov/circs/circ41.pdf The problem is that stock media agencies do not understand the laws. The empire state building is NOT copyrighted. neither is the hollywood sign. the laws are clear and the agencies spread misinformation. 356
General Stock Discussion / Re: Copyright and MR problem« on: December 27, 2016, 01:48 »
copyright law does not take into account the method by which the photo is taken. the method falls under patent law.
so if you use a timer, or hire a photographer to click the release, ultimately you own the copyright because you ultimately **produce** the work. copyright owner goes to the producer, not the photographer, and the method is not taken into account. when a big network like NBC films a TV show, NBC owns the media, not the camera operator, and at no time does the camera operator have any rights to the work because it is a work for hire, and copyright ownership transfers immediately to the producer under a work for hire arrangement. if you pose for a photo, and your friend clicks the shutter release, that does not mean your friend owns the copyright. the person who owns it is the person who produced it, which means the person who paid for the work and used his creative insight to create the work. if you planned the shoot, did the creative direction, paid for everything, and directed your wife on what to do, you own the copyright to the final product (see 'work for hire' in US copyright law), even if she clicked the shutter release. copyrights are for creativity, not for methods. 357
General Stock Discussion / Re: Sony FDR-AX53 For 4k« on: December 27, 2016, 01:43 »
I used the HD version and it was a wonderful camera because of the stabilizer. however the AX53 does have a small sensor so you won't get ideal lighting as you would with a better sensor.
the camera is good enough you can take video without a tripod (zoomed out) and people won't notice. I bet the photo quality for stills will pass for many sites. 358
General Stock Discussion / Re: Have you seen your footage on tv?« on: December 27, 2016, 01:40 »
I used to make TV commercials, so I have filmed video and saw my work on TV.
I saw one of my videos in a tv commercial (a guy kitesurfing). I also saw a video I bought in another company's tv commercial (kid raising hand in classroom). 359
General Stock Discussion / Re: Your Single Best Day Ever« on: December 27, 2016, 01:37 »
I did $600 (3 similar videos for $200 each) plus perhaps a handful more from other sites.
a few times I sold 30 or so videos in 1 day (sports videos). 360
Selling Stock Direct / Re: Best platform to sell direct?« on: December 27, 2016, 01:35 »
you can sell your videos as downloads on Youtube (with a minimum 1000 subscribers) and Vimeo (pay service)
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Selling Stock Direct / Re: how to submit images to istockphoto through ftp« on: December 27, 2016, 01:33 »
send your content to dropbox, and you can import to istock. I go from my ftp server to dropbox then to istock.
There is a service that allows you to do ftp to dropbox and then to istock. I forgot the name. it is a service where you can take any input (ftp, www, http, dropbox, google drive, etc) and swap everything between each format. I forgot the name. it is expensive because you pay for data size, you save money if you have tens of thousands of transactions. I tried it and didn't like it. forgot the name. the service is all icon driven. you drag the icons and put commands between the 2. so you drag an FTP icon and dropbox icon, link them, and type in a command, and it processes the command on all of your files. it is a web based service. 362
General Stock Discussion / Re: Selling someone else's vintage images« on: December 27, 2016, 01:27 »
In addition to the copyright transfer agreement, get the property release forms from each stock agency, and contact the UK dept of transportation, and ask them to sign the release, and be very specific that the release covers photos taken by your relative, and they will sign the forms if you ask the right person (probably in the media department).
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General Stock Discussion / Re: Huge copyright infringement... what would You do?« on: December 27, 2016, 01:20 »
copyrights are at the country level. there is no international copyright.
there are 2 major international laws concerning international copyrights, one is the Bern Convention and the other is WIPO. if the country you are referring to is not a signatory to either of those treaties, then you have no rights, and you have to abide by THEIR laws (which may be non-existent), and the laws of the country you live in, including copyright protection, will mean nothing. if they are a signatory to one of the 2 above treaties, you may have a case if you paid the filing fees to the international body, which you probably didn't. so check those 2 treaties and that will tell you if you have a case or not. you always have to abide by the laws of the foreign country. the US has a big media industry (magazines, Hollywood, TV). most countries don't, so they don't have or need copyright laws because they don't produce anything, and they consider everything to be free to use. 364
Selling Stock Direct / Re: Creating your own stock agency - software question« on: December 27, 2016, 01:15 »
I own cmsaccount and there is also ktools.
cmsaccount will do the job for you but it is not perfect. some of them will allow you to search your portfolio on sites like shutterstock. 365
Shutterstock.com / Re: How to increase sales on Shutterstock« on: December 27, 2016, 01:13 »
if you have an icon and it sells well, make more variations on that icon and you will have found a niche.
when you know what sells, make more of that. it works. make sure your keywords are accurate and unique. 366
Newbie Discussion / Re: wallpaper copyright« on: December 27, 2016, 01:05 »
the only way to determine if the wallpaper is public domain is to use the image search feature to search for all instances of the image, and see if he can track down the original author and see if the original author has declared it as public domain.
every country has different copyright laws. in many if not most countries, you can use almost any work because there is no copyright protection. if your country is not a signatory to the Bern convention or WIPO Copyright Treaty, you can do whatever you want with other people's copyrighted works. and being a member of an international treaty doesn't automatically grant you copyright protection, it just guarantees you copyright protection if you file in a member country and pay the fee. technically, if you live in the US, your work is ONLY copyrighted in the US unless you file the copyright and pay the WIPO fee, which only makes it protected in the WIPO signatory nations, which is a fraction of the world. 367
Newbie Discussion / Re: Shutterstock doesnt accept my car-related (Classic, pre 1980) photos.« on: December 27, 2016, 00:56 »
you can legally sell almost anything you take a photo of.
a photo you take of a car is your creative work. you can legally sell it. copyrights protect creative works, and your creative work in deciding the lighting, framing, angle, etc of the object, including cars, is 100% owned by you. the copyright of a car only protects the manufacturer by preventing other car companies from manufacturing duplicate designs of the car. the copyright of a car does not transfer to photographs of a car. this is known as "fair use" and is explained on the US copyright web site. logos **CANNOT** be copyrighted. logos are trademarks and protect sources. no logo can ever ever be copyrighted or copy protected. this has been upheld in court (Daniel Moore vs U of Alabama) where teh court determined that the photographer can take photos of logos (of the university football team) and sell them as he wishes. The US government has stated that logos cannot be copyrighted. a simple search on google will affirm that logos **CANNOT** be copyrighted. you can only infringe on the rights of a logo if you claim to be that company (put their logo on your own products and sell those products). selling paintings of logos, taking photos of logos, and filming logos is perfectly legal and you are free to profit from doing so. you can legally take photos of any logo and sell them (upheld by Daniel Moore vs University of Alabama). Andy Warhol famously painted pictures of famous logos without lawsuit, because it is legal. 368
Newbie Discussion / Re: wallpaper copyright« on: December 27, 2016, 00:48 »
in order for you to be able to use the wallpaper as your own:
- the original author must have declared it 'public domain' (free for anyone to use, any way they wish, including for profit) - or it has to have been created long enough ago such that the copyright expired (75 years?) - or no one in the world must be claiming any rights to the work (which makes it default public domain), which is very difficult to prove 369
Newbie Discussion / Re: Which areas need a property release?« on: December 27, 2016, 00:44 »
Just to clarify, if you have a light show, and you copyright your light show, your copyright protects you from having other light shows duplicate your light show, which prevents you from earning revenue, because people will attend the other light show instead of yours.
Taking a photo of a light show is never copyright infringement. Your photo does not prevent the original copyright owner from earning money by putting on their light show. It falls under fair use because your photo of the light show is a new creative work, whereby you used your own judgement as to how to frame your photo and what it includes, at your direction. Also, events such as light shows (and sporting events) cannot be copyrighted (I asked the copyright office about events and they replied and told me that live events cannot be copyrighted). This has been upheld in court many times. 370
Newbie Discussion / Re: Which areas need a property release?« on: December 24, 2016, 07:36 »
"I believe the San Francisco Bay Bridge at night requires a release because of a copyright on the light show"
Copyrights of light shows do not transfer to derivative works such as photos. Almost any photo taken by a photographer is copyrighted by the photographer, unless you take a photo of another photo (or painting). 371
Newbie Discussion / Re: Which areas need a property release?« on: December 24, 2016, 07:34 »
"Then I learned that photos of the Golden Gate Bridge need a Property Release"
The above is not true. All structures and buildings in the US built before 1990 **CANNOT** have copyright protection. The Golden Gate Bridge was built before 1990. "The following building designs cannot be registered:" "Structures other than buildings, such as bridges" https://www.copyright.gov/circs/circ41.pdf Other buldings in the US that *DO NOT HAVE COPYRIGHT PROTECTION* - Chrysler Building - Empire State Building - all building built before 1990 372
iStockPhoto.com / Re: Prices for 4K and UHD« on: December 24, 2016, 07:27 »
when companies make certain behaviors:
- restricting the number of files you can upload - removing copyright notices - having the same pricing for multiple formats or sizes - etc it is a sign the stock footage company is going through financial hardship. istock has always been slow to adjust to changes in the marketplace. 373
Print on Demand Forum / Re: Apparently Copying News Photos is NOT legal« on: December 13, 2016, 18:13 »
you said: "I doubt a court would agree with you. It certainly didn't agree with Shepard Fairey over his famous Hope painting of Barack Obama. "
you are completely wrong and your statement is misleading. Fairey did not lose a copyright infringement case with the AP. they settled out of court because the AP never would have won in court, and Fairey doesn't now any better. He got into trouble for lying in court and destroying evidence, not for copyright infringement. http://artsbeat.blogs.nytimes.com/2012/09/07/shephard-fairey-is-fined-and-sentenced-to-probation-in-hope-poster-case/?_r=1 "When the case began in 2009, Mr. Fairey argued that his use of Associated Press imagery constituted fair use under copyright law. But the civil lawsuit was settled before that question was decided, and the two sides agreed to financial terms that were not disclosed.The parties also agreed to share the rights to make posters and merchandise bearing the Hope image." 374
VideoBlocks / Re: Higher Video Prices For "Guests" HD $79 / 4K $329« on: December 12, 2016, 13:32 »
re: "His other thread about getting 38 cents at SS when he just started selling two weeks ago makes me think troll, but I could be wrong."
yes, you are wrong. 531616312 Distraught Confused And Anxious Teen Girl - stock photo 1 $0.38 2016-12-07 531143005 Thirsty Girl Drinking Bottled Water - stock photo 1 $0.38 2016-12-07 531141118 Distraught Confused And Anxious Teen Girl - stock photo 1 $0.38 2016-12-07 531136849 Girl Using Cell Phone - stock photo 1 $0.38 2016-12-07 530422345 Female Teen Drinking Bottled Water - stock photo 1 $0.38 2016-12-06 529885867 Thirsty Girl Drinking Bottled Water - stock photo 1 $0.38 2016-12-05 375
VideoBlocks / Re: Higher Video Prices For "Guests" HD $79 / 4K $329« on: December 12, 2016, 13:31 »
re: "Is there a reason you're bumping these old threads?"
at the bottom of the forum they say "new" after them, so I thought they were recent threads, but I see that they are not, and the 'new' indicator is not accurate in regards to recency. |
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