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Messages - cobalt

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4626
ms makes these files freely available to anyone on the internet. you do not have to register, sign up or otherwise prove you have ms office:


http://office.microsoft.com/en-us/images/results.aspx?qu=telephone&ex=1#ai:MP900438702%7C

all you have to do is click the download button.

my files were downloaded over 1.3 million times.

there is no copyright name, there is no visible user lkicense. the original announcement on istock was that promotional use of this kind would be limited to personal use only, they would only chose companies who would strictly oversee usage and all files would have names and backlinks to our portfolios.

4627
What is really sad is that people are discussing which files to deactivate on the istock forums and no admin gets in there to just say "please wait everyone, we have another update coming on Monday(Tuesday)".

 :(

4628
@sue,

istock promptly had two files removed when somebody uploaded them as their own content on different agencies as sellable stock. They were gone in less than 24hours.

And last year I found content from istock and getty being presented as personal content on flickr and available in large sizes and they got taken down very fast as well.

So yes, I have had very positive experiences with istock support for CE.

I really am a big fan of exclusivity, to me the offset in profits can easily be balanced by less legal costs.

Obviously this was before MS received my "promotional images" and spread them to UNREGISTERED buyers around the globe over 1.3 million times. I mean, did I even mention this before...and I am prepared to mention this over a million times until istock finally gives me a full list of files they have in the Microsoft deal.

It is completely unprofessional that it was contributors that alerted me to the free distribution and not my agent distributor. And it is totally unacceptable that they havent provided the affected artist with a full list of their files IMMEDIATLY when asked for. They should have told us years ago, when the deal went wrong and they realized they couldnt stop what happened.

4629
There are very good reasons to be exclusive or to have images exclusive to certain agencies. I posted the following in the obvious Facebook group:


exclusivity has one very large advantage (both imnage and artist exclusivity). it is much better to protect your IP if you know the file could have only been bought at agency xyz. I know I cant police the whole internet, but there is a certain amount of protection if you know that an image can only be licensed to registered buyers from a certain agency. which makes the current disaster so painful. the true usp to go istock exclusive, seems to have disappeared if the agency does not protect my ip, gives my files away for free, does not even inform me themselves if there is a problem and so far refuses to even tell me which of my files has been set free on the internet.

---

I firmly believe there are good arguments for agencies who have exclusive content and they can build a good following of customers who appreciate this.

4630
Unfortunatly, istock has not yet given me a list of files that are in the Microsoft deal. And without Sean and his hard work (again thank you), we wouldnt know if we are affected by the new Google free redistribution deal.

I have tried to find as many images as possible from the MS site, so here is a lightbox with my files. There seems to be a bug with displaying light boxes (yup another istock bug), so feel free to take a screenshot if you do get the files to load.

I have counted so far 1.3 Million downloads from Microsoft. One of these images, the red bauble with German text has over 655 000 free downloads, but ZERO sales on istock. Basically, these files and their downloads give you real life statistical data of how it affects sales on istock. Obviously - it does not improve them.

1.3 Million downloads is a large enough sample, even if you just have 25 files.

http://www.istockphoto.com/search/lightbox/13103721

Again, there may be more files, I am still waiting for my business partner to give me a full list. especially since the official company lawyer has said that I as a photographer have to watch the internet for a potential abuse of my files.

And for the supposed theoretical new "digital super software" they claim to be developing for following our files for infringement claims - they cannot even get the site to work properly, there are bugs everywhere.

So how are they going to make me believe they have the technological expertise to handle new untested software?



4631
How will the customers, the designers react?

Imagine designing a brochure, giving it to your client who then looks at you in disbelief and says - but why did you use Google Clip Art?

Wouldntthe customers need a clear labeling of the content that has been included in redistribution deals?

I mean, it somehow negates the whole reason for exclusive content if hundreds of millions of people are using it.

In the istock forums is a new thread about the risk to models and our liability as photographers. I usually dont work with models but have an interesting shot coming up with a friend in 2 weeks. I am very unsure how to proceed. people images and localized content is what the agency has been asking for. And I still have huge amount of files from my last trip to Switzerland (lenklypse) that need processing and uploading.

But I would really appreciate if someone with better legal background could explain to me my risk if models find themselves in a sensitive use situation and the file came from google docs.

My 24 images in the MS Deal have over 1.3 Million downloads by unregistered users. To me it feels like they have been transferred into the public domain.

So I have good personal reason to be scared of the new google deal.

4632
There was a deal in 2006 were a few files were chosen and a small amount was paif for an extended license. But the new deal is all without payment:

To quote the lawyer:

"All of the contributors whose content was licensed to Microsoft were opted in for promotional use. Promotional use includes not only promotional use for a particular contributor but also the istock business, site and files.

A total of approximately 6,000 small and medium files from exclusive contributors were delivered to Microsoft under the Agreement. No content has been provided to Microsoft since early 2010. "

If you are exclusive, you can no longer opt out of this kind of "promotional deal".

4633
jm, Microsoft hasnt paid us anything. Zero. Null. Nada.

istock has declared that this is all "promotional use".

ETA: just saw that the lawyer now has a moderator badge.

4634
I guess most exclusives already know this, in case you havent, please check out these two threads.

http://www.istockphoto.com/forum_messages.php?threadid=350291&page=1

And the reply from the istock lawyer today:

http://www.istockphoto.com/forum_messages.php?threadid=350397&page=1

If you are an istock exclusive, you cannot opt out of this kind of "promotional use". istock also shifts all responsibility in case of image abuse to the artists and we still havent been provided with a list of files that are in this "program".

My images have been downloaded over 1.3 Million times. At least those that i have found.

they are freely available on the internet, you dont need to log in to Microsoft and register to download the file, my copyright name is nowhere visible, the backlink to my portfolio doesnt work and I was never paid anything for this kind of "free give away to anyone".

Worst of all there is no user agreement to click on before downloading these files.

And commercial use is apparently allowed by the Microsoft EULA (makes sense of course, Microsoft Office is a commercial product)

And going forward there is no opt out for istock exclusives. istock believes they are entitled to do this kind of "promotional use" whenever they like.

I have never heard for any agency in the market acting this way. Ever.


4635
Adobe Stock / Re: fotolia give away free XXL who pays?
« on: January 08, 2013, 11:12 »
.

4636
I think the problem is that the photographers dont sue. That is what the justice system does - it keeps everyone in the business cycle on their toes. If the car manufacturers werent suing so aggressively, we would all upload many pictures with cars in them, or any other copyrighted material.

The music industry has done a great job of getting people to pay for their content by buying it online. But they needed court cases to make it painful to go against the law.

The photographers will have to do the same if agencies abuse their images and dont resolve issues in a timely manner. They dont own our files, we do.

But court cases and lawyers are so expensive, it also takes up a great amount of your time.

4637
General - Stock Video / Re: Video sales on all sites
« on: January 06, 2013, 08:39 »
Here are my current results:

istock 144 dollars, 13 sales, average sales royalty: 11 USD

SS 132 dollars, 8 sales, average royalty: 16.5 USD

pond5 109 dollars, 5 sales, average royalty 22 USD

fotolia 7.35 credits (?), 3 sales, average royalty 2.45

No other sales from other sites. I am submitting to these three and also clipdealer and clipcanvas and am slowly starting to add revostock and 123rf.

What impresses me with pond5 is that you can set your own prices and if the quality is good customers will pay the 80 dollars I am asking for a file.

fotolia and ss have unbelievably fast review systems, fotolia sometimes inspects files in 30 minutes. However they reject a lot, much more than istock and Shutterstock. And the returns so far are very low.

SS has an excellent upload system, very good sales for such a tiny portfolio.

istock has an extremly slow and cumbersome upload sytem. Feels like the stone age. Months of inspection time. Sales should be much higher, considering that I have an active port with customers hitting my portfolio daily.

I have around 40-70 files on the different sites, so I am not uploading enough. But that I get sales at all with such a tiny portfolio is amazing. there must be a real need for video out there. Nobody would notice me if I only had 40 images online.

So I am very optimistic for my video future and also bought some expensive gear on photokina in September.


4638
My RCs went up by about 1000 overnight. And here I was thinking it was real ;)

I only had 350 credits missing anway.

4639
Off Topic / Re: Happy New Year
« on: December 31, 2012, 18:23 »
Happy New Year! :)

4641
LOL! Yes, why didnt we upload apocalyptic images...;)

4642
It is good for me, because I was about to drop to 30% which would have made me look for the express exit to independence once I got my website done, my files sorted etc...

I will still continue to build my site, but at least I can enjoy Christmas and New Year with family and friends.

My site will anyway drive the traffic to my istock lightboxes for the time being. But from next year on I will actively promote my site to build my brand. I have completly neglected that over the years. But the website can also be used to promote my workshops, or do events at my studio etc...it doesnt all have to be about stock.

And for many of us this means that they are still interested in keeping their exclusives.

At least for now.


4643
Off Topic / Re: Stephen Strathdee aka sharply_done RIP
« on: December 19, 2012, 08:57 »
What sad news! He will be very missed in the stock community. My condolences to his family and friends.

4644
iStockPhoto.com / Re: New look for iStock
« on: December 15, 2012, 15:32 »
Actually, no, they are not summoned. But as an admin you really live on the site and obviously you want to cheer the other members of the team with whatever it is they work on.

4645
Shutterstock.com / Re: SS one year on
« on: December 14, 2012, 09:44 »
If he does that he is in breach of contract and istock will delete his portfolio when they find out. istock has full "artist exclusivity" for all RF content.

However, it is possible to upload RM files to other sites and many people do.

4646
Selling Stock Direct / Re: Your Stock Site: Link Exchange
« on: December 14, 2012, 08:43 »
I just registered mine! I hope I can have enough RM content ready in time for your article!

4647
iStockPhoto.com / Re: The Fall Of An Empire
« on: December 13, 2012, 19:03 »
That looks great! Thank you very much. :)

4648
iStockPhoto.com / Re: The Fall Of An Empire
« on: December 13, 2012, 18:45 »
I have thought about Photoshelter but I dont know how many potential customers would know them in Europe. I could probably customize my website through them as well.

Thank you all. There is a lot to think about and learn.

It is good to know there are well tested options.

4649
iStockPhoto.com / Re: The Fall Of An Empire
« on: December 13, 2012, 16:05 »
Thank you! I will look into this with someone who is more computer literate than me. My humble website needs an overhaul anyway. Maybe we could include this.

I guess as an exclusive I really know nothing about the world out there, do I?


4650
iStockPhoto.com / Re: The Fall Of An Empire
« on: December 13, 2012, 15:34 »
For now I am video independent and looking at all my options carefully ;).

If I really want to move out, there is a lot of work to do. I have seen too many people drop the crown out of emotion with no proper planning what to do next.

Before Rebecca came into the forum and when I thought best match was truly broken, not intentionally working against us, I was very excited about E+ on Getty.

That excitement has cooled off considerably because it is obvious they can dial our content up and down, however it suits them.

The pessimistic attitude towards sales and growth speaks volumes of their intentions. I cannot base my life on whatever "secret expectations" they might have.

So yes, I am looking at options, like I suppose are most exclusives. Unfortunatly not everyone is as talented as Sean. I wish I could build something like accordstock.

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