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Messages - iStop
51
« on: December 14, 2013, 16:47 »
If the risk is that small to begin with then iStock wouldn't be planning to pull down over half a million photos, many of which are excellent sellers.
Well let's hope everyone's right and I am wrong and that a PR signed between a photographer and an owner (who may no longer own the property and can no longer offer any warrants) is enough to alleviate what iStock sees now as a very big risk.
Also, if there is a law suit it would probably be the current homeowner suing the photo buyer. Then the photo buyer would probably be the one to sue iStock later. So the photo buyer here really is taking the biggest risk I think.
52
« on: December 14, 2013, 16:21 »
So based on the above, I'm back to my original point. Don't offer any rights warrants with the photo since you can't guarantee those warrants for infinitude. Better to let the buyer know there are no warrants on the photo at all and let them assess the risk for themselves and decide whether or not they are willing to take that risk and buy the photo or not. A far better solution than giving them a potentially invalid warrant I assure you.
53
« on: December 14, 2013, 16:15 »
I am sorry, but I think everyone is losing grasp of the purpose of the PR. It is a document to guarantee the photo buyer that there is a right to use the photo of someone's property for commercial purposes. If the current owner of the property hasn't consented to the property release then it becomes a useless false promise to the photo buyer. I certainly wouldn't want to be a photo buyer who buys a photo thinking it still has a valid release and goes ahead and uses that photo for an international ad campaign only to find themselves with a huge lawsuit on their hands from a property owner who is able to prove in court they never consented to use of the photo of their property. At least if you don't give the photo buyer a potentially invalid release they can asses their risk going into the situation and not be completely blindsided later by a possible lawsuit. With the PR you are perhaps giving the photo buyer a false sense of security and I assure you that iStock won't be standing behind the model release in court if push comes to shove.
54
« on: December 14, 2013, 16:06 »
I also don't see how notarizing it would make it binding on the next buyer unless it was registered and attached to the deed. The notary will only validate the current owner's signature. It isn't a guarantee of future performance.
55
« on: December 14, 2013, 16:04 »
And no, it's not a step forward, it's a step backward because now you are promising a photo buyer that there is existence of a valid PR which still remains in effect forever when in fact you are not able to make that promise. Not making any warrants at all is far better for everyone in a situation like this where you can't control the future validity of the agreement made between the photographer and current property owner. The only thing you can guarantee the photo buyer is that there was an enforceable PR signed at some point and it was valid at one time. But continued validity can't be guaranteed regardless of whatever warrants the current owner might like to try to offer the photographer.
56
« on: December 14, 2013, 15:50 »
Bottom line, unless the property release is registered against the property in a legal fashion or the new buyer signs a legal acknowledgment and acceptance of the existing PR when they buy the property, then nothing is binding on the new buyer and your PR becomes worthless as soon as that property changes hands, regardless of what the previous owner might have agreed to in an informal unregistered agreement with a photographer. In a legal dispute all the new owner would have to say is they were never made aware of the agreement nor did they accept the liability of the PR against the property and they have won the battle.
57
« on: December 14, 2013, 15:40 »
For a property release to remain binding on the new owner after the property is sold it would need to be registered against the deed like a lien. Otherwise it isn't a legal liability against the house as it is not something the new buyer agreed to or was made legally aware of.
If there is a renter living in the house it is a different story. Then the lease is binding against the new owner and should also be registered with the land office in order to secure the renter's future permission. In some cases though even leases can become invalid if there is a sale of property. It depends a lot on local law. So to make a blanket statement that in every city and country of the world some menial property release signed by the previous owner for a photograph is binding on the property forever is completely REDONCULOUS.
So something as nominal and menial as a property release won't remain attached to the property unless it is formally registered and it should also state in the release that it remains binding on the property for infinitude or it's just worthless paper.
58
« on: December 14, 2013, 15:14 »
Since property releases are technically only binding on the current property owner then how is iStock going to feasibly ensure that each property release on file for a house is still up to date at all times?
I don't see how they can and it will become nearly impossible for iStock to guarantee photo buyers in the future that a release is up to date and binding on the property owner at all times.
They would be better off keeping things as they are now and selling photos without releases because selling a photo license with an invalid release has to be much worse then licensing a photo without one at all.
By providing a release you are making a legal promise to the buyer whereas without offering a property release you aren't making a promise.
Common sense says don't even open the door.
59
« on: December 14, 2013, 14:56 »
The way it is now if you remove a label and/or branding on something then it is ok to sell a trademarked or copyrighted design in one of your commercial photos. So is this going to change too? It seems like it should based on the whole house rationale. Thus, if we can't sell a generic photo of a house anymore then we shouldn't be able to sell a generic looking photo of an iPad where we've removed the buttons, logos, etc either.
I can see this becoming an endless can of worms because technically if Apple can distinguish that it is their iPad in a photo being used for commercial purposes then they technically have grounds for a lawsuit as much as the homeowner of the house does.
I now see how iStock can be backing themselves into a corner here on this issue that they won't be able to get out of so easily if other copyright and trademark owners realize there is now an open door here for a legal dispute.
60
« on: December 14, 2013, 12:43 »
It seems like the questions and complications with this issue will be endless. Plus there are gray areas which can never be absolutely sorted or made consistent.
In addition, what happens to images pulled from iStock that are on Getty? Do they stay on Getty or will Getty be pulling all their house snaps too?
Then what about images that have been deactivated. How will the contributor know which ones they are? Will the contributor be given a list or will they show on the site somewhere where the contributor can pull them up?
61
« on: October 10, 2013, 01:23 »
Simply applying common sense, why would site features on user profiles, which have been there nearly since site inception, slow it down now to begin with? They didn't slow it down before years ago when they were introduced. So why not suspect that the slowness of the site is coming from all the NEW features added in the last 2 years and not the old ones?
If you keep using band aids to try and patch potholes it's never going to hold. And they keep building on that old content management platform which was never designed for all the stuff they have added to it in recent years. It needs a full rebuild from the ground up. Removing a few low resource consuming features isn't going to fix anything. How much bandwidth could those static content profile pages be doing to eat up site resources anyway? Not very much I'm sure. The major tug on the site's foundation is probably its massive picture data base. File searches I'm sure is a much greater strain. I imagine profiles are accessed on such a small volume as compared to the file search engine returning search results from millions of files.
This is definitely another case of typical iStock window dressing as an excuse to take away more contributor features that give the site any sense of community.
I bet whoever came up with the story to feed to the contributors that they needed to remove these features to speed up the site got some Woo-Yays back at HQ. but does anybody ever believe any of the misdirection they try and feed us? Doesn't seem like it. Sheesh!
62
« on: September 19, 2013, 02:49 »
I know a lot of people aren't uploading much to iStock anymore, but I uploaded a bunch of stuff this month and I was amazed how most of the pictures I uploaded got inspected within just a couple of hours. On top of that, everything I uploaded was accepted, including some stuff that would have perhaps never passed inspection before.
From this I draw 2 conclusions; Inspectors don't have a lot of pictures to review these days (because uploads are down so much) such that when you upload something it gets inspected right away. Secondly, they have dropped their standards of quality tremendously to encourage people to start uploading again and that is why I have a 100% acceptance rate now. They also aren't nearly as concerned about duplicate images from a shoot as they were before.
The fact that they will pretty much accept anything though is a dangerous double edged sword. Sure, it makes life a lot easier for contributors. For one they don't have to work as hard as before to achieve a certain standard of picture to get something up on iStock and they can add to their portfolios faster by throwing up lower quality images which are easier to snap quickly. The bad thing though is that the buyers are not being offered the same standard of quality as before.
What always set iStock apart from other pixel peddlers was that they had a more discriminately curated, high quality collection and buyers recognized that. Now the standards of quality are all over the shop. This has to start hurting sales further at some point though when buyers can no longer tell the difference in quality between pictures on iStock and other sites. And if there is no difference in quality, then why will buyers pay more for pictures on iStock at all?
The fact that there are no upload limits, combined with the fact that they will accept just about anything now, makes the whole situation much scarier.
63
« on: July 12, 2013, 23:54 »
I can get onto the main site page, but can't login or access the forums at the moment. I get a 503 error page. Anyone else experiencing the same? I don't see any announcement about it on their Twitter page either.
64
« on: May 24, 2013, 22:53 »
Posted By 2ndLookGraphics: This kind of makes the Exclusive Survey and accompanying retoric a big joke. There is obviously no committment to iStockphoto Exclusive contributors. Posted By Lobo: Sure there is. I appreciate your frustration but I think you might be thinking your content won't be Signature + worthy so it won't be offered a chance for mirroring. I would expect you would have selected E+ material for the E+ collection so everything should work out in the end. When we were talking about the prospect of some of the previous content not making it over due to Connector issues we decided it was better to get infront of this issue rather than wait until we found out from Dev. So we found out exactly what the plan was so we could inform everyone as soon as possible. I can assure you we would prefer that we could get everything in place immediately but unfortunately we are getting ready to make a huge change to the site. We expect the Collection changes will make these types of issues moot. We don't get any pleasure from disappointing our Exclusives or the Non-exclusives for that matter. However, we would prefer to be upfront about the realities of the incoming changes and how it will relate with the current Connector issues. The question has been asked a number of times so we went to see exactly how all that would work. Unfortunately it's not the answer we would have preferred. Have a good weekend, folks.
Posted By 2ndLookGraphics: When we selected the images for E+, E+ had completely different criteria than the new and improved E+ now Signature + which will have the same criteria as Vetta and Agency files included in it. At that time the selection was based on the contributor's belief that an image would sell at the higher price point. We were also told, AND ENCOURAGED to select additional E+ images with the promise that these would then have the opportunity to be mirrored on the Getty website. This was months and months ago and during that time we have been told over and over and over again that this migration would take place by the next afternoon or the next week or the next morning. This never materialized due to technical issues that are beyond belief. At the same time we are told that the entire iStock collection would be sent to be mirrored on Getty 360 which would take place in a couple of weeks. When you indicate that if any of our "left behind" images do not make it into the Signature plus, that it is our own fault for choosing inappropriate selections you are not keeping in mind the criteria by which the selections were made. At that time we were not considering that these images would have the same criteria as Vetta and Agency images. The fact remains that we were encouraged to move our images to E+ with the promise of having them mirrored at Getty. Anything less than fulfilling the promise would be unethical.
Above are a few other posts. The real reversal of things comes in where Lobo the admin says: I would expect you would have selected E+ material for the E+ collection so everything should work out in the end. Basically, no, that wasn't always the case. At one time people could use E+ as a vehicle to get some of their content that wasn't selling so well on iStock to be offered to a new set of buyers and at a higher price point on Getty by simply making those files E+. So I think 2ndLookGraphics first paragraph reply from above is the key to it all: When we selected the images for E+, E+ had completely different criteria than the new and improved E+ now Signature + which will have the same criteria as Vetta and Agency files included in it. At that time the selection was based on the contributor's belief that an image would sell at the higher price point. And then where 2ndLookGraphics further states the following which again covers the fact that contributors were using a different criteria before when selecting E+ files which they simply wanted mirrored on the Getty site: When you indicate that if any of our "left behind" images do not make it into the Signature plus, that it is our own fault for choosing inappropriate selections you are not keeping in mind the criteria by which the selections were made. At that time we were not considering that these images would have the same criteria as Vetta and Agency images. So basically iStock is now unfairly punishing people by not mirroring their E+ files onto Getty as previously promised unless those files now meet the new iStock criteria instead. Had the Connector been working properly all along, this point would be moot because the files would already be on Getty and iStock would not be able to shift gears on whether to mirror the content or not. Instead, what was promised before to contributors is again being taken away because there was a sudden change in policy. As a result, iStock is not willing to grandfather in the old files which should have been moved over already but weren't and weren't only because of iStock's failed technology. As usual the contributor gets unfairly and unjustly treated because the new policy is either better or easier for iStock to implement. What is even more ironic about the change in policy is that just 2 days ago Old Lady Bird had stated this: Hi All, just a quick update on the Connector. We are making great progress with the pulls and we should start to see the new files moving again next week. We are hopeful that will be early in the week. Missed files should still be in the queue and since they haven't been shared, should be still in the new category. Let's see what progress we make next week and take a closer look then.
65
« on: May 14, 2013, 01:32 »
It seems hard to really assess from every angle whether this latest set of proposed changes is going to end up being a good thing or a bad thing and for who.
But if history is any indication of future performance, then I can categorically state that every time iStock has made a change in the way they operate the site that it has ALWAYS ended up in most contributors earning less money and it has ALWAYS ended up in the site having additional functionality problems.
And if we trace the most recent major changes they made to the site back in September of last year, I can truthfully state that I have personally made less and less each and every month ever since those changes were made.
So based on the above, without even studying in detail the latest round of forthcoming changes, I think it is safe to assume that these changes will end up resulting in the same negative outcome of reduced income for almost all contributors.
What is so ironic in all this is that every time iStock comes up with a plan to implement site changes that are supposed to earn contributors more money, I ALWAYS end up earning less. Funny that isn't it?
66
« on: March 26, 2013, 11:01 »
Even if Getty doesn't sell at list prices to buyers, it means they are selling at half of list price in order for me to have E+ sales on Getty that are earning $1. That doesn't sound right. There is still something fishy here unless there are some Getty partners reselling Getty content and getting 50% of the pie. But my understanding was/is that E+ content selling on Getty is only being sold directly to Getty buyers and not part of some partner deal. Getting a $1 from a Getty sale is hardly worth it and no better than putting your stuff into the PP program on iStock.
67
« on: March 26, 2013, 08:57 »
I don't get it. I just got my Getty bump for Feb and I had many sales where I was paid $1 to $2 in earnings only. How can this be? These are E+ files that on iStock even at an XS sized sale will earn quite a bit more than that. I realize on Getty we only get 20%, but the prices are much higher to start with for RF on Getty than IStock. This makes no mathematical sense. This means some of our E+ files are selling on Getty for $5 if $1 is 20% of the sale price. Can this be true? Are we getting hood winked here?
68
« on: March 25, 2013, 14:44 »
The total amount of content might be a bit light for a full on site launch though. They have just under 120 contributors and perhaps about 50,000 images online or less. That probably does not offer enough subject coverage yet to make it a worthwhile stop for designers yet. They will have to grow that a bit more first I think.
69
« on: March 25, 2013, 14:30 »
I do like the approach though with the real names and faces of the contributors and a page so you can see all the contributors at a glance. It gives it that home grown, organic feel, it says who the real people are behind it all, gives it an honest and approachable feel, and I think that will appeal to designers.
70
« on: March 25, 2013, 14:19 »
Main page freezes my browser on my iPhone for long periods while it loads batches of thumbnails. During that time I can't do anything except quit the browser. No scrolling, pinching, or anything. Oh well.
71
« on: March 25, 2013, 14:15 »
I clicked on the contributor page. A few names I recognized from iStock, but all artists are using real names so they all dropped their iStock names. Sean has about 1,200 images up so far.
72
« on: March 25, 2013, 14:00 »
Or maybe even "Artsie". Well at least I don't have to worry about them competing with my isolated on white coffee cups and apples
73
« on: March 25, 2013, 13:57 »
Darn pulled up stocksy.com and was re-directed to instagram 
I guess that retro, semi cross processed, faded, 1970's look is in... Again??
Come on it's really not that way, I know Instagram my girl-friend use it all the time and I hate it, and Stocksy is not like that!
I think they would probably like to be called "quirky" and "different". So I'll take back the retro comment. But I think I spotted an Instagram filter use once or thrice
74
« on: March 25, 2013, 13:28 »
Darn pulled up stocksy.com and was re-directed to instagram 
I guess that retro, semi cross processed, faded, 1970's look is in... Again??
75
« on: March 25, 2013, 13:25 »
That's still faster than iStock
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