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Messages - Ava Glass

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51
It worked. The artist was friendly and removed the pic from the licensing program.

52
I started by PMing the Pixels artist. I don't think any licenses have sold over there yet.

This might be a case of the artist enabling licensing for his entire port, and forgetting that some of his work shouldn't be offered.

53
But I wasn't talking about the PoD part of FAA/Pixels. There are a few EL's that allow for PoD.

I was talking about the commercial licensing.

54
My head tilted a full ninety degrees, and I went to look at FT's EL agreement. Then I realized you were probably joking.

55
http://licensing.pixels.com/featured/tango-in-paris-erik-brede.html

Someone who is probably not Konrad Bak is licensing[ ETA: for commercial stock] an image using one of Bak's most popular stock photos.

http://www.dreamstime.com/royalty-free-stock-photos-beautiful-young-lady-image16542488

People here should probably look for their images at Pixels.

56
Symbiostock - General / Re: Symbiostock Co-op Launched
« on: April 28, 2014, 14:19 »
KimsCreativeHub.com is part of the co-op, I believe. Her page opens as "http://kimscreativehub.symbiostock-network.com."


57
General Stock Discussion / Re: gallery needs & wish list
« on: April 22, 2014, 16:44 »

I guess that could be done as part of a gallery -- but you could also do it by putting a 'sold'  watermark on the original and re-uploading the image? 


But uploading is all manual and stuff. I think we got Woo Commerce to automate it ("sold" was either on or next to the thumbnail). Still, the icon itself wasn't as important as preventing others from purchasing a license right after someone else.

Anyway, I decided a while ago that I don't want to run my own site right now, so it doesn't matter that much to me. I'm just throwing the idea out there because of my experience in the self-publishing world.

Premade book cover designers only sell a design once. There is also a demand among authors for exclusive photos and art that doesn't cost thousands of dollars. I know one site that offers exclusive stock photos for $300 each, but they work though email, which is what a lot of the premade book cover designers do too. There might be a niche in automating that process, but it could be too tiny.


58
General Stock Discussion / Re: gallery needs & wish list
« on: April 21, 2014, 20:20 »
I don't do photos, but about a year ago, I looked for a site that would let me license an image to one person only, and then display a "sold" icon on the image thumbnail thereafter. Photodeck and Photoshelter didn't have that capability when I looked. Some shopping cart apps have that capability, but it's not quite the same.

Artists and premade book cover designers would find it useful.  I myself gave up on the idea when I decided I didn't want to handle customers' personal info, troubleshoot download issues, or deal with chargeback scams.

59

   The PNG issue is a little different. Where are you going to sell PNGs?   Dreamstime, PNGStock (a new start-up), or your own website are the only three places I know of.


Solid Stock Art sells PNGs. I don't know how well they sell.

http://www.solidstockart.com/power-of-the-png

60
Not at the moment. I've made stock art using LuxRender with aimed at book covers. I've also made premade book covers using a combo of Depositphotos stock and my renders, but I want to make sure the stock licensing for my covers is all good. Unfortunately, the agencies haven't caught up with self-publishing and haven't made the license terms clear enough, so we have to ask and rely on what a rep tells us.

61
Edit: After being in contact with Depositphotos again, we have received a different response. After reviewing some examples of covers that we sent them, the management/CEO has informed us that this is not an approved use according to their license terms. Photos from Depositphotos can not be used on erotica.
I am glad that all micro stock agencies share this view, they just need to be better informing the buyers about this now.



Aw, I wish you had made a new post to bump this thread up. That way, we could have seen the new info.

I'm not surprised you got a a different answer. This came up about DP on a self-pub author forum recently:

Quote
I just checked, being clear on the 1 cover, 1 buyer, sold 1x aspect. I was told that because it was made in advance of the client, it qualified as a template (in the "preset format for a document or file" sense1) and therefore would need the Extended License.


I went back and asked DP again and got this:

Quote
"If you sell one book cover to more than one client, it is considered to be a template. If you sell one book cover to one customer only, the standard license will cover that use."



So confusing dealing with the agencies. I'm kinda done. I think I'll focus on my LuxRender.



62
General Stock Discussion / Re: Solid Stock Art
« on: February 13, 2014, 16:09 »
I received an email today from Solid Stock Art. They say they've had their best month to date, but admit the types of sales haven't been that diverse.


Quote
We hope you are seeing and sharing in our growth. Also, by no means is this the best it is going to get. This is but a small taste of what is to come. Wed like to thank all of you for allowing us to distribute your amazing artwork!

We know not all of our artists are seeing the fruits of our combined labor so wed like to share what is currently selling. As we bring on more customers we should see the sales be more diverse than they are now.

What is selling:

    Beauty and health photos
    Infographic illustrations
    Dental related illustrations and photos
    Medical related photos
    Travel photos
    Business conceptual based photos and illustrations
    Retro and filtered photos and illustrations
    Sport photos

   
What are customers requesting this month?

    Golf photos involving children and seniors
    Ballroom dancing with all age groups
    Curling (that sport involving ice and a broom)
    Isolated dogs and cats

63
General Stock Discussion / Re: Solid Stock Art
« on: February 13, 2014, 01:05 »
I recently saw a popular photomanip artist get caught selling PoD prints incorporating Standard License images.

64
Symbiostock - General / Re: Symbiostock Co-op Launched
« on: February 11, 2014, 20:24 »
Will you accept transparent PNGs?

ETA: Oh wait, these are separate websites?

ETA2: So who handles the payment and customer support stuff?

65

My experience is that authors are actually very helpful when they are informed about the issue, and every time I have contacted with one, they have been helpful and understanding and replaced the cover. (Which is really easy to do with e-books compared to printed copys of course) 100 % of them have said they were not aware of restrictions for using stock images.


Yup. Authors are generally decent human beings.  :)

66
I totally agree. Every time I have contacted an author,  escort agency, sex dating site or whoever have misused images, they all said that they have acted in good faith.

I disagree with your grouping of erotic fiction authors with escort and dating websites. The wording of many license agreements specifically prohibits escort and dating website use. I've yet to see a license that mentions erotic fiction by name.

They have been under the impression that they can use stock photos however they want as long as print run is not exeeded. That seems to be the general understanding. Most of them havent even seen or read the licence terms.

My experience with authors and book cover artists is that many of them focus too much on this section:

Quote
In print media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile "apps"), and opt-in e-mail marketing, provided that no Image is reproduced more than two hundred fifty thousand (250,000) times in the aggregate, and that the Images cannot be readily unincorporated from such digital media or software;

I once saw a respected book cover artist quote this to justify her sale of PoD art prints that incorporated stock images. Obviously, she later learned she was wrong.

Can't really say that the agencies are very helpful in these matters either. Their main focus is selling images and make profit, not going after "tiny" issues like this. If you are lucky you get a reply that they will look into it, and then nothing happens. It pretty much up to the photographer to deal with it and thats both time consuming and difficult.

I don't think it's a good idea to leave the agencies completely out of these situations. What if a photographer sees his or her pic on the cover of an erotic romance novel, jumps to conclusions, thinks it's for sure a prohibited use, and gets Amazon to take the book down. Then the author gets the stock agency involved and the agency sides with the author. I'm not a lawyer, but couldn't the author potentially sue the photographer for loss of income due to a bogus violation claim?

Isn't it better to check with the agency first?


Overall, I think the best solution is to pressure the agencies to look into erotic fiction so they can come up with easily-understood terms of what is allowed and what is prohibited.

Because there aren't just a handful of these books. This isn't just a few isolated incidents. There are hundreds of thousands of erotica and erotic romance books on Amazon alone. The vast majority of these books use microstock for their covers. This is a big deal.

67
Most of them havent even seen or read the licence terms.

[OT] So imagine how many ELs we're losing.  >:( :'(


Oh man, you don't want to know about premade book covers then.

Okay, maybe you do:

http://www.kboards.com/index.php?topic=155206.0

It's another issue where buyers have to go and ask each agency how the use falls under their license--in this case whether or not the use is seen as merchandise for resale. It's not spelled out, and it's frustrating.

I did an ask-around similar to what the OP did with erotica, and it turns out that many photogs might be missing out on ELs.

BTW, Depositphotos allows this use with a SL as long as only one cover is sold to one client. They are the only agency I use when I'm using microstock for a premade and not something from places like DAZ or Renderosity (totally different kind of licensing).


68

There should be a separate model release that a model who is OK with this can sign, and these images could be made available at a premium price.
SS has a version of this, but they have a frankly ridiculous model where either all your photos have to be 'in' or all out.


I agree that a separate release and designation is a good idea. However, it has to be spelled out clearly, and not given a vague term like "sensitive use." My experience with authors and cover artists is that they don't understand these licenses.

69
Why should we have to ask whether an agency considers premade book covers SL or EL, or whether erotic fiction is porn or not? It should be spelled out clearly in the license agreements.
Usually it is, with 'sensitive use' often the term used, rather than porn.
It's the buyer's duty to check the terms of use and adhere to them.

I disagree that this is a clear spelling out, since the OP has found that some agencies interpret erotica differently than others.

But I do agree that buyers need to ask agencies. However, so much would be prevented with a chart listing different possible uses and whether they are permitted or not. The agencies caught up with PoD, why not publishing?

70

The problem is that there isn't a publisher to contact. Often the author is the publisher and it is impossible to reach him/her. No contact info and often a pseudonym. Amazon is the only place that has the contact info. You cannot find out where the image has been licensed unless you contact Amazon. Misuse of an image is a kind of copyright infringement, but you should of course explain the situation and not claim that the image is stolen.

Or claim a license violation right away. Photographers should get the contact info from Amazon citing a "possible violation," and then (providing the author is forthcoming with license info) confirm with the stock agency.

My question to the agencies were simple. "Can i purhase an image and put it on a cover of a e-book in the erotica genre?
I did not say porn, i only asked about erotica. The answer was crystal clear from most of the agencies. No, that is not allowed. Depositphotos and Alamy were the only agencies that allowed it.

That's really interesting, because "erotica genre" includes many classy books put out by big publishers. There's also "erotic romance," which is the genre term for the "romance with an erotic twist" you mentioned in your OP.  Those books can also be interpreted as "erotica" by someone who doesn't know the difference.

Really, this is just another example of stock agencies not keeping up with the changes in publishing. Why should we have to ask whether an agency considers premade book covers SL or EL, or whether erotic fiction is porn or not? It should be spelled out clearly in the license agreements.

71

After been contacting a few authors about this I got the feeling that some of them where convinced that this would be an ok usage. I got curious and
sent an e-mail to all micro stock agencies asking about their view about this. I did not say that I was a contributor. I wanted to hear what they would say to an image buyer. I just asked if it would be ok to use a stock photo from their agency on an erotica book.

Shutterstock, Fotolia, dreamstime, envato and 123rf all replied that this was not an allowed usage according to their license terms.

Depositphotos, however said that it was totally ok with them, that they did not consider erotica books to be pornography.

So you might want to reconsider putting RF people images for sale on Depositphotos.

Can I ask how you exactly phrased the question? I've learned this is important when asking agencies questions. Did you perhaps provide links to example books on Amazon? This would probably be the best way to ask if a usage is permitted.

I ask because 123rf doesn't allow ebook covers under their SLs at all, and I read that the Fifty Shades of Grey tie was from Dreamstime. Also, lots of authors have asked agencies about erotica, and reported different answers.

Basically, the term someone wants to use is "erotic novels" and not "porn" because they're not the same.

72
Written erotic fiction isn't the same as a visual porn magazine or website, which is why many agencies don't see erotica as porn.

On author forums and websites, I've seen agency responses reported as basically, "don't make it look like the model on the cover is anything but an illustrative image." I guess it would help authors if they put a disclaimer to that effect. However, most people have common sense and know the model on the book cover isn't actually being taken by dinosaurs for sexytimes:

http://nymag.com/thecut/2013/10/qa-the-women-who-write-dinosaur-erotica.html

http://www.cracked.com/quick-fixes/10-real-book-covers-from-dinosaur-on-human-sex-novels/

These books were all over the American news a few months ago. Notice how these are just swimsuit shots. I did warn in a thread months ago that authors are now choosing less raunchy photos so their books will show up in basic search results. (Raunchy book covers will only show up in a specific kindle search.) So, yeah a model posing for a business or glam shot might show up on dino porn. Photographers need to perhaps hire models who understand this.

And photographers, please don't assume a picture on Amazon is automatically in violation of a license agreement, and then go straight to Amazon claiming copyright violation. I've seen many reports of this on author forums, and frankly, I don't think the practice is ethical.

In the cases I've seen, Amazon assumes the copyright claim means the picture was stolen (this is the unethical part because the photographer is claiming something that isn't true), and takes it down. The author then has to prove the picture was indeed licensed, losing income and book rank in the process. Once Amazon gets proof that a license was purchased, it puts the book back. The most a photographer can gain from this is that maybe the author will change the cover anyway (which I have seen).

If you see an image use you don't like, do the honest thing, and find out which agency the image was bought from, and then report it to that agency.  As we've seen in this thread, different agencies have different ideas about what is allowed. Don't assume.

73
General Stock Discussion / Re: new PNG stock bank
« on: January 15, 2014, 17:31 »
Some of my sales were subs. Why didn't the buyers get the transparent additional format? I assumed because it wasn't available to them.

Is the ability to get PNGs with subs a new-ish thing?

74
General Stock Discussion / Re: new PNG stock bank
« on: January 15, 2014, 17:12 »
I used to have a few transparent PNGs on Dreamstime, but people bought the white JPEG versions anyway. I guess they didn't want to pay extra.

75

Some people have been known to create profiles under which they upload content which they do not own. Shocking, I know !




I remember this thread:

http://www.microstockgroup.com/general-stock-discussion/istock-exclusive-images-in-shutterstock-portfolio/

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