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Messages - Jo Ann Snover
4701
« on: January 12, 2013, 14:59 »
I just sent a tweet to Jon Oringer pointing to this thread: @jonoringer You see the furor over Getty's deal with GoogleDrive for free stock? Bad news IMO http://bit.ly/W0AhD4 I think they might take the wrong route and try to do the same as Getty, but it's not as if info about this fiasco is currently private, so if he were so inclined he'd figure this out on his own anyway. We need some sort of heavyweight to help fight back.
4702
« on: January 12, 2013, 14:22 »
You're invited to leave your comments here: http://googledrive.blogspot.ca/2012/12/5000-new-stock-images-in-google-drive.html
I added my comments: "This cozy little deal between Getty and Google may well not hold up as none of the copyright holders agreed to this virtual giveaway of their work.
Users of Google Drive want to think very carefully about whether they want to risk using these images commercially. Getty can blather all they want about how they think they have the right to enrich themselves with an invalid contract with Google - "Don't be evil"?? Really? - but that doesn't make it the case.
Copyright owners are not going to allow theft to be reclassified as a valid licensing deal - Google Drive end users really wouldn't want to get caught up in this legal wrangling, especially when there are plenty of legally safe ways to license stock images."
4703
« on: January 12, 2013, 14:07 »
http://www.istockphoto.com/forum_messages.php?threadid=350491&page=1
'Mr Erin': "There have been copyright concerns raised specifically around the right click functionality and lack of embedded metadata within the Google platform, although not ideal from some perspectives this is fairly standard practice for this type of product placement. " So in a huge deal of this sort, Getty couldn't have made some demands in return for such a selling of the family silver? I don't believe that for one minute. They probably didn't even think of it until it came up on the forum.
Someone in the iStock thread pointed out that the DMCA makes it a separate and specific violation to remove the copyright information from an image and provided a link to a lawyer's web site talking about this So I don't know why Mr. Erin thinks it's standard, but it isn't. I do believe that some agencies (123rf, I think) strip all the metadata from the images as part of trying to compress them as much as possible. I know they used to - when I signed up in 2005 I was concerned about how small the JPEGs were and asked for a sample to look at. They provided me with 5 of my images and from a quality point of view they looked reasonable. I'm not sending current work to iStock anyway - not wanting to give Thinkstock current files to ensure that SS and other sites got first crack at them. Holding off a while longer doesn't hurt me and I will. In mulling over the longer term, I considered waiting until the first of my images shows up in one of these deals and then deleting my portfolio entirely. The chances are I'd only lose control of one or two images that way and possibly with a DMCA takedown notice might be able to salvage those. I wonder what the threat to SS is from Google making images free - Getty's idea might be that this is a better way to beat SS than by making their own subscription site to compete with them. Businesses stop buying subscriptions because they get free images with Google Docs/Drive - and businesses pay Google for the use of that even though it's free to end users. Given that thought about what Getty's up to, it makes the threat to our business outside of iStock more pressing - render it hard for other places to sell image subscriptions and through their control of supply, "force" contributors to accept a tiny share of the money Getty is making when it licenses these deals. I can personally consider the option of foregoing the income by leaving iStock as I'm not dependent on my stock earnings to eat. I just need to think about whether that move will make any difference before cutting off so much of my income...
4704
« on: January 12, 2013, 01:45 »
I think this started today, but I only see posts from today on the home page. Before I would see a page-worth of links, including yesterday's threads in many cases. I really preferred that - I don't always get here every day and now I can't really see what I might have missed (beyond the few trending threads in the daily e-mail).
Is there some option I have inadvertently turned on that made the Yesterday and earlier posts vanish from the home page? If it was a deliberate site change, I'd like to comment that I really don't like it and would prefer the old home page back
4705
« on: January 11, 2013, 20:59 »
... I'm deactivating as fast as I can. Luckily I don't have a large portfolio, and things have been so crappy for the last few months that I'm not really giving up much $$$.
I have to stay that's very tempting, but I need to calm down before making such a huge (financial) decision. I'd be dropping a huge chunk of my monthly income (when you include PP + istock) so I need to think my options through. I notice that there's been no response from the admin who posted the update - a Friday night dump and run as rimglow said it would be.
4706
« on: January 11, 2013, 19:40 »
You know the deal that Google did with music and video copyright owners over YouTube videos? I think Getty wants to do that with images - no more pay for the license to use the image, just big deals between the big companies and pass a small fixed fee on to the the copyright holders. See more here and hereThis sort of approach could make a 20% cut of the sale generous!
4707
« on: January 11, 2013, 19:30 »
It appears not to be locked but no one's commenting.
I can't understand the silence.
He has explained details of the deal that should have taken a few hours to put together yesterday (and the images were obtained at the end of October last year, so this isn't just happening). He hasn't explained anything about the tough issues. There's nowhere that I see the license terms as a user of Google Drive. I can and have downloaded some images to my computer - I'm not going to do anything with them but real users might. Other than some general words saying you have to be sure you have the rights to do the things you plan to do with them, how has Google alerted the end user that these images are copyrighted?
And then there's the compensation? $12 royalty for giving up a huge portion of the value of an image?
And how long is this time limited deal for - nothing on that
As I see it Getty wants to make nice with Google and as they consider microstock contributors insignificant, it seemed like a no brainer to curry favor with Google by tossing in iStock files.
No promises that they won't do this sort of thing again. They think they can do this and contributors don't even have to be asked about this "bespoke" deal.
4708
« on: January 11, 2013, 19:21 »
I copied and pasted into Word and did a search for my name For windows users, you can just press ctrl+f to search the web page. Not sure for Mac.
It's Command-f on the Mac
4709
« on: January 11, 2013, 19:19 »
...Let's not forget that they are owned by another in a succession of vulture venture capital firms whose only intention is to pump and dump them. Long term planning is not part of the equation anymore.
I would in general not lump venture capital in with private equity. Most of the time, venture capitalists are investing in new businesses and getting out when the company goes public. Most of the time they're investing to build the company - that's how the company can raise funds to grow. In general I see venture capital as on balance good. Private equity is almost always parasitic and not about growing anything. They try to suck money out of troubled businesses and couldn't care less what state they're in after they leave. They don't invest for the future because they don't want to cut into their profits and they aim for 3 years and out. H&F and Carlyle - and Bain Capital - are private equity companies. Insight Venture Partners does both - they own 21% of Shutterstock. Here's an article about the difference. I like a quote from this article: "Private equity firms buy companies, and through financial engineering and a dose of operational and management restructuring make investor profits.
There is a real debate over whether private equity firms even create value. It may be that private equity makes money by operating companies more efficiently, but some instead argue that private equitys success is attributable to the ability to borrow heavily and reap value through leverage and tax deductions. Regardless, private equity is commonly viewed as the world of New York finance.
Venture capital is adamantly not about financial engineering. It is about ideas and creativity, where people build next-generation companies. Sure, venture capital firms are good at finance, but the community is really about creating value from the new new thing, as Michael Lewis put it."
4710
« on: January 11, 2013, 19:00 »
I wouldn't call anything about their stats page OK, but it is back to it's usual state of semi-operational  I thought I'd cut and paste the January downloads pages into a spreadsheet to add them up and see if matched what the earnings page was telling me. They don't agree on number of downloads or $$ (but the amounts are small). I checked today's sales and have three different quantities of downloads for today! Three! On the earnings page I see one number; if I go to page 2 of my downloads list, that shows one fewer than the earnings page. If I use the drop down lists on the downloads page to select today's date, it shows me two fewer. I'm sure I'm just supposed to trust that eventually these will all line up and show the same amount, but my supply of trust is on the low side following my cut in royalties and a parade of earnings errors. Support did reply to my ticket this morning apologizing for the inconvenience and saying that the problem had been fixed.
4711
« on: January 11, 2013, 18:35 »
I just searched for Luis Santos and counted 80...and I still had many pages to go.
I only see 10 of Luis Santos' images in Sean's list - is there perhaps something repeated in what you pasted?
4712
« on: January 11, 2013, 17:06 »
CMicare can say what she thinks - false or true, agreement upheld or broken - but that doesn't make it so.
Lawsuits are frequently about two different interpretations of the same words or set of facts. Photographer says Getty had no right to sell a license to redistribute, making the deal with Google void. Getty argues their view that the weasel words in their ASA permit such a deal - no notification or permission required. Money spent, judge says what things mean, parties return to trying to do business.
Photographers can allege that Google has no right to the images via the takedown notice. Getty might disagree, but in the meantime Google will probably take it down, at least for a while. Even if the images ended up going back after some time, it's still a win for the time being.
On the other hand, if Getty wants to play dirty, don't they have clauses that say we agree to pay any legal expenses of theirs and that they can withhold earnings for any charges against our account? My guess is you'd put all your earnings on the line if you fight with them.
So first they were going to get an answer yesterday. Then they needed more time till today. Then they're whining that today's not over yet so why are we so impatient...
4713
« on: January 11, 2013, 15:53 »
I would encourage anyone who recognizes names on Sean's list to let those people know what is going on if they don't already know.
Funnily enough I've been doing just that. More angry contributors perhaps means some/more action from the wretches who dreamed this up.
4714
« on: January 11, 2013, 15:41 »
I think the 'Grill Family' are this week's lucky winners. Jamie Grill especially but also some from Daniel and Tom himself. They won't be best pleased.
Wow- they are well represented  101 search hits but I didn't count duplicates per file. Seems like a company similar to Monkey Business Images from looking at their web site. An aside; I didn't realize that I can use the image number if I have it - as in from Sean's text file - to search in the Google Drive dialog to locate the images.
4715
« on: January 11, 2013, 15:11 »
So far I found 2 from Thinkstock, 6 from Tetra collection, 1 Photographer's Choice. 9 in total.
Not exactly a contest you want to win though, sadly. I guess you're currently the bronze silver medalist  It'd be nice if Tetra was able to kick up a stink with Getty, but they may be like so many others - ill able to afford losing Getty's business and thus unwilling to do more than complain politely. Modified as I did a couple of checks for names I know and Andrew Rich - RichVintage has 11, so he's "beating" Yuri in this horrible sweepstakes
4716
« on: January 11, 2013, 14:50 »
"If you see photos or videos that youve created in another members photostream, don't panic. This is probably just a misunderstanding and not malicious. A good first step is to contact them via FlickrMail and politely ask them to remove it. If that doesn't work, please file a Notice of Infringement with the Yahoo! Copyright Team who will take it from there."
I think this would apply to non-commercial images that were on flickr that someone else lifted and in that case I would just contact the person. When you pay for access to an image, there's no "misunderstanding" involved from my point of view, and no reason to wait while the person takes whatever time they take to respond. The seller of licenses is harmed for as long as the image is available for free download, so inadvertent or not, I want it down as soon as I find out about it
4717
« on: January 11, 2013, 14:46 »
I only found six of mine - the copyright info is missing on a few. If you were adding up all the times my name showed up, that would be why you got ten.
I already fixed my post as I realized that mistake  It's lunchtime at HQ and still nothing from them. Did you ever find the $72 in Premium Access Licenses from your GI statements?
4718
« on: January 11, 2013, 14:34 »
Sean - thank you for your effort on this. As someone else noted, iStock should be ashamed that you are doing this work and not them.
I was able to verify that none of my images are there, which is a partial relief, but Getty's high handed giveaway sets a new low water mark for bad behavior.
I saw Sean had 6 images given away and Yuri (Jacob Wackerhausen is on some of the images, Yuri Arcurs on others) 10. Lise Gagne only 2, Monkey Business Images 4.
Did anyone do better/worse than 10?
4719
« on: January 11, 2013, 12:16 »
I don't deal with the uploader with Flickr violations. If it's just one image and it's an oversight or they didn't understand the rules, they won't lose their account or suffer in any way and the fastest route to removing the image is sending the DMCA takedown notice to Yahoo.
If it's someone who has uploaded a ton of stuff (in the past I found my images among a large group of iStock images in someone's photostream) they deserve to be handled severely so they don't repeat the offense. In that case I contacted iStock's compliance enforcement (although now, I'm not sure it would do any good as I think lots of things have changed in the interim; I hear lots of reports that nothing gets done - including the istockreseller site still being there months after they got the information on it)
4720
« on: January 11, 2013, 12:01 »
Nothing in the last month - I think there was one in November, but not for a sub.
If the sale was in 2012 then a sub royalty was 36 cents. Now it depends on your "level" - and I'm assuming you're now getting 45% as a leve 4? Refunds should be for the amount in effect at the time the sale was made.
And yes, it's odd to see something for a sub sale - perhaps a ticked off employee downloaded unneeded images to get back at a co-worker?
4721
« on: January 11, 2013, 11:26 »
I don't submit there because they are all about special deals and promises of special search placement. They contacted me about uploading. I said their prices and royalties were too low to consider it. They replied with an offer of an artificial bump to a higher royalty rate and special search placement.
The special placement (a) isn't in buyer's interests and (b) won't last beyond the next sucker they make the same promise too. Felt to me too much like being propositioned by a lecherous drunk in a bar - all sweet talk up front, but it's not a good deal in the long run
4722
« on: January 11, 2013, 11:17 »
I haven't checked Flickr in a while but found one of mine. I just sent a DMCA notice to Yahoo - in the past they've been very prompt in removing infringing images. None of the stock agency licenses (barring that wretched Getty deal with Google Drive) permit redistribution, which is what they're doing when they allow a download from their flickr account. In addition, my infringer was claiming copyright of the image!! Another infringement you sometimes see is they post at a huge size unmodified - the licenses permit use on web sites up to a certain size (used to be 800 pixels on the long edge but I think most agencies it's now about 1200 pixels) unless the image has been modified - such as text superimposed on the image. If you send in the takedown notice - there's a link on the bottom of each image page for Copyright/IP Policy - be sure to follow the language exactly in your e-mail. The first time I said I knew that the use violated xxxx and the instructions say to indicate that you have a good faith belief that xxxxx. Yahoo sent me back e-mail asking me to state that I had a good faith belief
4723
« on: January 11, 2013, 02:26 »
I think you're underestimating just how idiotic some companies can be.
I think it's most likely that they are increasingly desperate as things "aren't working" and continue to try new ways to try and wring more cash out of what used to be a healthy business.
The fact that this may hurt a lot of talented contributors is very sad, but this is private equity doing what it does best - grabbing the money and not worrying about the future of the business. It'd look better in the annual report if there was a happy ending, but they'll just blame it on the business, not their own actions, if it fails.
4724
« on: January 11, 2013, 02:22 »
I don't have any of my images in the Microsoft deal - not exclusive - and thankfully none in the Google deal as far as I can tell. I'm thanking iStock's manifest incompetence in being so slow in getting my images onto Thinkstock (I was opted out before the forced migration of indies and they were only dribbling in to the PP in the summer). I prefer that explanation to the one that no one liked my images  I appreciate the suggestion that I could be trusted with other people's cash, but as I don't have any standing in this matter, I don't think I can really participate. I loathe Getty and everything they stand for, but being a greedy miserable company is unfortunately not actionable in court  I don't see them being more than slightly inconvenienced by a lawsuit against them. What would probably get their attention is if contributors started suing Getty's customers claiming that they were using the images without a valid license. Customers would then turn on Getty to make the nuisance stop and that would be much more effective in worrying Getty about loss of revenue if customers felt they couldn't use their images without risking a lawsuit As I'm not sure anyone here has the time, money or energy to go make that happen, a simpler route is to send DMCA takedown notices for every image. For a chuckle it'd be nice for exclusives to send Getty Images a takedown notice for their Vetta, Agency and E+ images that are on the Getty web site and were given away to Google for a paltry $12. I don't think any lawyer will take this to make money - I don't think there's enough in it. Possibly there's a lawyer who's a contributor and who is fed up with being abused by Getty and might do it for expenses and the satisfaction.
4725
« on: January 11, 2013, 02:10 »
I have the same error - and I looked earlier today and things were correct then.
I sent a tart note to support. It is just pathetic that having caught iStock-itis (i.e. naked greed) they've also caught iStock's incompetence at software development too and have messed up the implementation in a way iStock would be proud of.
There's no RC counter with individual sales. There's no information about the royalty percentage used for each month. There's apparently no permanent connection between sales over the last 12 month and current royalties either.
Incompetent and greedy - such a lovely combination.
I took screen shots of what I see and I guess I'll have to check a bit more regularly on what they're doing - I was just looking for abnormally low royalty amounts to be sure these "mistakes" that have happened in the last month or two don't recur.
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