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Messages - yingyang0
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551
« on: April 16, 2007, 17:41 »
Stokfoto I'd be very careful with 17th Street Photo! This is the actual location of that 'company'. http://donwiss.com/pictures/ManhattanStores/h0028.htmI've heard very bad things about that outfit. I would suggest buying from only B&H photo or Adorama if you're going to order from a US online company. Remember that the lowest prices online for photography gear are almost always scams.
552
« on: April 15, 2007, 00:12 »
1) does that mean the witness has to be present during the shootings? or can it be someone who signs on it but not being in the shootings?
2)after signing the MR, the model may not sell the photos? but can only use it for his/her personal port folio?
1) The witness must see the model and the photographer sign the release. That is the whole point of the witness signing the contract. 2) The model can never sell the photos, with or without a release. However, if you want to give the model prints for their personal pertfolio that is ok (it is a normal practice). I hope this translates well.
553
« on: April 14, 2007, 15:33 »
From what I hear it is quite a feat to get into SS now-a-days, so congrats!
554
« on: April 14, 2007, 12:37 »
Your tag for instance "yingyang" yes, we all know the symbol, but also it was once used colloqually for a male appendage. Should that word be banned because it was once slang and meant something else?
And, as a PS, if a particular group, I guess you're referring to the Rutgers team is the only one offended, Why is everybody else getting in on the action? $$$$ for AS and JJ
Well first off, only one of those songs that you tried to link too actually contains the worry nappy, and in that one the name of the group is Nappy Roots. No one is actually saying nappy in relation to a person. Second, where did I say "group" or refer to the Rutgers team. The team members weren't the only ones offended. Third, are you saying that it is ok if "nappy-headed hos" is used as a colloqual term for black woman? If not, then the analogy to the term yingyang doesn't make sense. I just don't understand how anyone could be trying to justify or defend such language. This wasn't the artistic critizism that you were earlier trying to compare it to. It was a racist and sexist remark from a "good-old boy".
555
« on: April 12, 2007, 21:46 »
Look at Imus, although not a fan, I heard him say a couple words which he obviously learned from the rap vernacular. Wrong? Absolutely. But, we have heard these words thousands of times on the news following the incident. All top ten songs by rap artists have one or all of these words. The difference is, he has sponsors that will feel the heat. Al Sharpton has a constituency that needs to hear that he's doing something, and Jesse Jackson, well, Jesse Jackson, he needs the donations, voluntary or extorted.
What rap song(s) are you referring to where they use the term "nappy-headed"? They don't. The fact is that this wasn't a case of someone exercising their first amendment right to free speech. This was defamatory language (not protected) that has no place in society. What's wrong is wrong. Whether or not Jackson and Sharpton are capitalizing on the situation is irrelevant. Oh, and the difference between rap and Imus is that Imus was calling specific people "nappy-headed hos."
556
« on: April 10, 2007, 18:31 »
Moreover I reject the notion that only because the witness is my husband he is unable to make a legal and professional decision.
You gave the impression that your husband "pre"-signs a bunch of releases as the witness that are then later signed by your models. If that's the case, not only would it not help you in court but the likely result would be that it would hurt you. That's all that I was saying. If that's not the case, then it doesn't apply to you. I didn't say your husband was unable to make a legal and professional decision, only that if he is signing as a witness and not actually witnessing the signature of the model at the time the model signs then he's not make a legal and professional decision.
557
« on: April 09, 2007, 22:59 »
I guess I musta missed it, but shutterstock now wants a witness for model releases. I don't get a chance to log on very often, and hadn't seen it on this site or SS, but it probably was.
I can understand the need for model releases, but a witness? If somebody is faking a model release, what would stop them from faking the witness.
What's next? photo id's, photo's of the person signing, or holding the release in a picture that's date marked, or even notarized?
I know someone that is faking releases would fake the witness signature, but that's not the real point of the witness signature. The main point is to avoid models being able to clam that they didn't know what they were signing, or they were drunk when they signed it, etc. What bbettina is doing defeats the whole purpose of the witness signature and would probably do more harm than good if the release was ever challenged. As for photo id's, if you can't tell easily what the age of the model is then you should get a photograph of their id to prove that you checked. Just because they told you they were 18 won't legitimize the release. If it is good enough for the porn industry it is good enough for you
558
« on: April 09, 2007, 18:42 »
It's a holiday here in Canada as well. Unfortunate Americans have much fewer public holidays.
We have a lot of public holidays, but only the postal service gets them off.
559
« on: April 05, 2007, 13:00 »
Any increase will put pressure on IS and DT.
Umm..not on IS. IS was the one that raised prices first and that increased commissions per download a lot more than any commission increase SS is considering. It is IS's actions that allowed SS to raise prices, not the other way around.
560
« on: April 05, 2007, 12:54 »
My sales peeked in Nov. and have been falling ever since, while my uploads have gone up. Not a good sign. My approval rate for new uploads has remained high.
561
« on: April 02, 2007, 15:06 »
edited
562
« on: April 02, 2007, 15:04 »
Essentially, that's what your doing. You're leasing the image on an exclusive basis for a certain period of time.
I wouldn't use Alamy as a refrence because he's not doing it for a "certian period of time". The company wanted the indefinite exclusive rights to the photo (at least that's what his posts to mean).
563
« on: April 02, 2007, 06:54 »
So they asked me for a quote (proposal?) about creating one or more new images in the same style (it's an illustration, not a photograph) that would be exclusive to them...
Any advice on what terms I SHOULD include in the contract for such a sale, apart from clearly indicating that I remain the copyright holder and limiting the use of the image ?
Why would you insist on remaining the copyright holder and limiting the use of the image. They want exclusive rights to use the image, so unless you're setting a specific time frame for the exclusivity (which I'm willing to venture they don't want to do) their is no point in retaining or limiting anything. They're looking for a work-for-hire arrangement and you should give it to them, charge them appropriately but still give it to them.
564
« on: April 01, 2007, 19:38 »
And... I'm happy to say that my first batch is selling already. What's the deal on the 5 camera review thing? What is it, why is it and who does it? -tom
The camera thing is for rating other people's photos. The rating use to be considered as part of the best match algorithm so it was important for other people to rate your photos. Currently the Best Match search doesn't depend on the ratings so it is not important, however who knows if it will tommorow. After all, they seem to make a major change to the algorithm once a month.
565
« on: March 30, 2007, 13:51 »
I now own all the negitives (and digital files) for the photos of my wedding, there are some great shots which would make excellent stock, I'm just wondering if I can legally upload them as I didn't take them. Anyone have any ideas about this.
Short answer = No, you can't legally upload them because you don't own the copyright to them. Long answer = same as first but explains why not a work-for-hire, etc.
566
« on: March 29, 2007, 17:38 »
The best match changed again this month. it appears that ratings no longer form such an important part, if at all.
Darn, and after we had all gotten together with the CN thing. I guess people will have to focus on quality over getting other people to rate their images.
567
« on: March 29, 2007, 09:15 »
My sales have fallen a lot since they changed the Best Match search...This is still my best month with istock but the last 10 days have been disappointing.
Do you know how crazy this sounds. "Sales have fallen, but this is my best month ever". They changed the Best Match months ago so it seems your statements contradict each other.
568
« on: March 28, 2007, 19:21 »
4 downloads today on istock for a grand total of 86 cents! I ll be laughing all the way to the bank.
I had two sales today for a total of $2.52. For some reason most of my sales on iStock are for Large size (72%) and the rest are evenly split between medium and small.
569
« on: March 26, 2007, 15:37 »
To be frank, I was shocked when I first signed up at the "big six" that they accepted images of cellphones and other easily identifiable electronics.
Even without the names/logos, all modern electronics still have design patents and the companies haved copyrighted of the "look", aka the basic shapes, of the electronics. It's all about weighting the cost of litigation/judgments versus the profits they get from selling the images. That's why most of them won't touch photos of ipods with a ten foot pole, apple is just too litigious to make it worth it. There's no difference between ipods and the unique modern phones that you see in terms of legal protection. The only difference is that Apple is more likely to sue than Nokia (at least in their minds).
As a photographer, I would never upload a photo of modern electronics because of cost benieft analysis. I'd rather upload a photo of some not widely known artist's painting (a clear copyright violation) rather than upload a photo of the Razor phone (not so clear cut violation). Do the math. A simple (not completely accurate or complete) expected value (EV) calculation. Is the likely profit from the photo greater than the cost of litigation times the probability of being discovered and sued.
For artist's painting: profit from photo: low to medium (1-25) chance of being discovered and sued: almost nil cost of the law suit: 3 to 5 digits
For ipod: profit from photo: medium to high (25+) chance of discovery and being sued: low-med cost of law suit: 6+ digits
If I owned a stock agency I'd have the same rule as 123RF. The risk is greater than the reward, in my opinion. You should also note that the photographer is the one on the hook for the litigation costs as most if not all microstock agencies. So 123rf is also taking into consideration the possiblity that the photographer wouldn't be able to cover the costs of litigation.
570
« on: March 25, 2007, 20:35 »
Correction. He has the Image of the Week (IOTW), he is not the Photographer of the Week (POTW). Still, an awsome photo.
571
« on: March 14, 2007, 16:24 »
This is true apart from Dreamstime , so for 1 picture I have 3 MR: 1 IS 1 IS without logo and ref. and 1 DT.....jean
You had a rejection on Dreamstime using the IS model release? Did you remove both the logo at the top and the copyright notice at the bottom? I ask because it seems strange that Dreamstime would be upset about the use of a better release than the one they use. You'll notice that there is no copyright notice on the bottom of Dreamstime's model release. That is because they use a generic one available to any lawyer that uses Westlaw.
572
« on: March 14, 2007, 16:17 »
I would use the Istock release, but there are two problems from a professional's point of view. First, I'm not exclusive with Istock, and many other agencies recognize and refuse to accept the Istock release (I tried it).
I haven't had any problems using a generic version of the IS release. I use almost the exact wording they use, but I have it in a word document. Other people just remove the logo at the time and (most importantly) the copyright notice at the bottom. It's worked for me at IS, SS, Dreamstime, and Fotolia.
573
« on: March 14, 2007, 07:54 »
Vicu - I think what the prof is trying to say is that a model release is there for legal reasons. If those legal reasons are met, why does it matter what form it is in.
Prof - I think what Vicu is trying to say is that reviewers aren't lawyers and cant be expected to review your release to ensure it covers all areas legally when they have already paid lawyers to review their one.
iStock is a Canadian company so all model releases must conform with Canadian law which is general much more strict on protection of rights, including the right to plublicity. People have this notion that laws are uniform. Laws aren't uniform from state to state, let alone country to country.
574
« on: March 13, 2007, 22:05 »
Although nice to have the $10, it is somewhat galling that someone now has the right to print 500,000 copies of my picture and all I get for my hard work is a measly $10.
You do realize that the standard license is 500,000 copies.
575
« on: March 13, 2007, 21:43 »
I live by the credo that everyone gets to screw up once. Istock has exceeded that quota, many times over. They are now rejecting images using model releases that they accepted just two weeks ago. Now, they are requiring a photographer's signature and information. I'm using forms devised by a copyright lawyer, for pity's sake, and Istock refuses to accept them.
My life is too short for this crap. I just modified the form by pasting information from another release.
Is this really worth it?
Canadian Law is different than US law (as I recall you live in Colorado?). Please tell me that the release the copyright lawyer gave you at least has both a witness signing section and a section that says somthing about consideration.
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