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Messages - BaldricksTrousers
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626
« on: May 27, 2015, 02:55 »
For Fotolia to correct this within hours and without any explanation or resistance suggests to me that they are shyting themselves over being caught. (And they've done it right in the middle of the night in the US, too. How often does that happen? Could my mention of the FBI four hours earlier have something to do with it?)
The question is, is everybody just going to forget what they did? Or is something going to be done about it? Is it acceptable for a company to get away with behaving like this (and, no doubt, they will shrug and say it was a mistake by a computer or something like that - and if you believe that you'll beleive anything)? It's up to those of you who still have your portfolios there.
627
« on: May 26, 2015, 23:16 »
If you can demonstrate a link between reduced ODDs and the appearance of your portfolio on DPC it would be an important factor in determining any damages in a lawsuit.
It would be kinda hard to do that since I have no idea exactly when they took it upon themselves to ignore the op-out instructions on my profile and steal my files. This is a new low, even for them. They may get away with it, but I will do everything I possibly can to make sure their buyers know how callously they disregard a contract.
Yeah, that's one of the reasons why a class action is difficult - you have to be able to show quantifiable damages.
628
« on: May 26, 2015, 23:07 »
It sometimes takes time for newly uploaded images to show up on the site. Once they are there you have to enter the categories and check the keywords and description, they don't go on to be inspected until you have done that.
629
« on: May 26, 2015, 22:25 »
I have a pretty good idea about when they stole my files and put them back on DPC...just about the time my ODDS started dropping like a rock on SS! I am now in the process of deleting my entire port from FT. It appears that is the only way to protect them from these rotten b@stards!
If you can demonstrate a link between reduced ODDs and the appearance of your portfolio on DPC it would be an important factor in determining any damages in a lawsuit.
630
« on: May 26, 2015, 22:01 »
You could consider complaining to the FBI. It would be immensely difficult to put together a class action for various practical reasons - not impossible, and perhaps people would like to try, but immensely difficult and long-winded. The one thing that seemed to make a difference when I had my problems with Fotolia was the threat I made (and was ready to carry through) of reporting them to the FBI's internet fraud office, which is based in New York City, I believe. At this point, I would urge people to be extremely careful in what they say, but if several million images have been put on sale in DPC against the specific instructions of the image owners and if nobody has seen any sales reported from those images then it seems to me that prime facie there are two grounds for thinking that there may have been criminal wrongdoing and that, therefore, a complaint to the FBI may be in order. I would guess that if the FBI did launch a successful prosecution over this it would become much easier to win a civil court damages claim ... but I'm no lawyer blah blah blah. As I recall, any individual who wishes to can register a complaint with the FBI but if you do you cannot subsequently withdraw it. It is up to the Bureau to decide whether or not to pursue it. Finally, I would remind everyone that Fotolia will be watching this thread and there is a risk (based on what has happened before) of anyone who can be identified from their name or portfolio links here having their Fotolia account terminated if the company decides they have made damaging comments online.
631
« on: May 26, 2015, 15:18 »
But marriage is a religious invention, anyway.
632
« on: May 26, 2015, 14:40 »
Marriage has nothing to do with being parents. Just saying.
From the C of E marriage service: "The gift of marriage brings husband and wife together in the delight and tenderness of sexual union and joyful commitment to the end of their lives. It is given as the foundation of family life in which children are [born and] nurtured and in which each member of the family,in good times and in bad, may find strength, companionship and comfort, and grow to maturity in love." OK, I don't care what the Church says about anything, but if marriage isn't about children what is it about? Getting God's blessing on your personal shacking-up arrangments? I really don't understand what the passion for being allowed to be classed as married is if the legal status is identical with civil unions, which are already available.
633
« on: May 26, 2015, 14:32 »
Remember this? Fotolia D-Day (Deactivation Day) - May 1, 2014
It was a 64 page thread.
And something like seven million images removed ... and now apparently back again.
634
« on: May 26, 2015, 14:14 »
I found my files on DPC as well and if any file has been sold as part of DPC I'm willing to sue their asses off for breach of contract and copuright infringement.
This is outrageous! How dare they, those *insult removed*.
Take a screen shot of your settings on their site.
635
« on: May 26, 2015, 14:04 »
what fotolia? its unbelievable how untrustworthy are the agencies.
You might be able to send a message by starting a class action.
we should all do this togehther. A crowd funded kickstarter Lawsuit!
I despise Fotolia so much that I might well contribute, even though I couldn't be party to any proceedings, since they lost my portfolio years ago.
636
« on: May 26, 2015, 13:58 »
I can't understand why 'causes' use random stock images when the models can clearly go public and say they don't support the cause.
And it certainly isn't the first time. Wasn't there a Northern Ireland party political poster, and then the rival party bought the same picture and claimed the family as theirs?
637
« on: May 26, 2015, 13:46 »
what fotolia? its unbelievable how untrustworthy are the agencies.
You might be able to send a message by starting a class action.
638
« on: May 26, 2015, 13:43 »
It's fortunate that the family are being very reasonable about it. I don't think the usage is allowed because it's clearly "sensitive", so it's the end-user's fault for violating the license.
639
« on: May 26, 2015, 13:38 »
Surely this is a serious legal violation? Breach of copyright springs to mind (equivalent to unauthorised use by a buyer). I can't say it surprises me much, though.
640
« on: May 26, 2015, 12:19 »
Have you had sales reported from that?
641
« on: May 26, 2015, 09:38 »
http://www.bbc.com/news/technology-32873562
Now there's an interesting twist! I would have thought that the usage was contrary to the usual terms, since there is no doubt that the issue is controversial and should have required specific consent. I'm glad I don't shoot people (in any way).
642
« on: May 26, 2015, 05:50 »
Not everybody can pay mid-stock prices, ok. And so what? Every business has to know who its target customers are and that they can't have ALL the customers in its field.
All I know is that just a year ago, or less, I was selling almost as many files like I'm selling now with subs, and most of them (more than regular ones + Vetta) were E+ files, with an average of 18-25 & comission per download and an average price of about 50-60 $
So does iStock know what its target market is? It started out as the definition of microstock, then it decided it wanted to be midstock, then in wanted to be both and now it seems to want to be microstock again but on a subscription basis. With the new pricing levels it seems to be telling all its customers that they were being ripped off in the past, which isn't exactly a great message.
643
« on: May 26, 2015, 02:32 »
Let me remind that when istock,first with Bruce, then with Getty, was raising prices year after year, a lot of people, including a lot of photographers used to angrily protest
I was one who was concerned about it. I though it risked losing customers and the higher commissions risked pulling in a load of new photographers (which I suppose was part of the point). For the most part, Bruce balanced the increased value of sales against the loss of customers very well but it did lose some - which boosted SS - and it did make us face tougher competition with some people dumping entire portfolios into the site and being excused the limits placed on the rest of us.
644
« on: May 26, 2015, 02:22 »
I don't know what the tax system is in Ireland, but it would be odd to have a system that gives tax benefits for kids to any married couple that don't have them.
Well, what's the purpose of what used to be called the UK "married man's allowance" then? The Irish seem to have something similar (their tax regime having developed from the UK one) http://www.revenue.ie/en/personal/circumstances/marriage.html#section2.I think it dates from my parents' era when it was normal to expect a woman to give up work when she got married (or for her not to have worked at all). I was told, long, long ago, that it was to help couples to deal with their new circumstances and to prepare for a family, Most heterosexual couples in the UK still have kids, about 63% of marriages have dependent children and then there are those whose children have left or who have yet to start a family, so overall it's probably in the 80s or 90s as a percentage. I'd agree that it's an anachronism and ought to be phased out. Anyway, it seems that this vote does not affect the tax position as the gay community was given the same rights as straight couples when the Dail approved Civil Partnership status for them. Though why other taxpayers should subsidise them is really a mystery to me. It's not insignificant, either - in the UK it can be worth more than 800 a year.
645
« on: May 26, 2015, 01:36 »
Ralph - if the squabbling hasn't driven you away - I actually do shoot the very stuff you are talking about. I started in April 2004 and I've sold more than 250,000 licenses but I still remember the excitement of my first 10c. Things were a lot easier then, within a month I had about 100 files uploaded and I've never had a day since April 23, 2004, without a sale. I doubt if even the most talented, high-commercial-value (HCV) photographer could get off to a start like that today. I reckon I might have sold a million if I had followed all the advice about HCV content but I didn't want the hassle of model releases and, more significantly, the risk of anyone getting upset over an illegal usage which, though rare, does happen. I also persuaded myself that if I chased HCV stuff I would be shooting the same things as a lot of other people, some of whom would be much better than I was, while low-value content would be likely to pop up near the top of a short search result, giving me more exposure and less competition. It's probably better to be on page one of a search that only 10 people a year make than on page 100 of a search that 100 people a day make. Even so, I still reckon that with HCV I would probably have sold three or four times as many files as I do with LCV, but the difference is not as great as people tend to make out. The number of files I quoted to get $5,000 a year may sound extreme but it is my assessment of what you could expect from a portfolio like mine in the future. I do significantly better than that but I have a lot of old files locked into decent search engine positions that continue to sell. New files rarely sell, which is why I have scaled back my production. My rough estimate, based on sales of new material, is that I would need to produce about 250 isolated-on-white files to generate one sale every day. That's a month's serious work for maybe $175 a year. Travel is simply not worth the cost these days unless you are going somewhere anyway. Popular locations are swamped with content and for the little-known LCV location you may pick up a sale or two a year from the one person searching for it, but each of your pictures then goes into competition with your other pictures of the same location. Unlike "isolated on white" you can't just shoot a location four or five times from different angles and call it a day, you have too much invested in going there. So you are not going to upload four files the way you might with isolated on white, you are going to upload 100. And while 24 sales a year from four isolations would be just about OK in my reckoning, 24 sales from 100 would not even cover the effort of processing and uploading them all. So competing against yourself in a LCV niche is a problem. With LCV you want to shoot, process and upload in three or four hours, total, then move on to the next subject. It's also worth noting that earnings growth is always most rapid to start with. As you go from 10 files online to 1,000 your sales should increase 100-fold, and going from one sale a week to 100 sales a week looks good, if you do it in a year. But in year 2 the same effort only doubles your return and by the end of year three your 50% increase, from 2,000 to 3,000 files, will be undermined to some degree by the increase in the overall size of the libraries. In year four you may struggle to maintain your income and from year five it is probably falling. So if you want it to pay you a pension you need to save it all up and put it into something that delivers a sure-fire return. I bought a house but I got lucky, starting when I did, I doubt if many people could do that well starting today.
646
« on: May 25, 2015, 06:30 »
Remember that the earnings per image uploaded are constantly declining, so once you hit your target you probably have to double your portfolio every three or four years just to keep going. If that means that you need 10,000 images by 2018 to hit your target you will need to get to 20,000 by 2021 and 40,000 by 2025.
In other words the long-term prospect is not good. My earnings have just about halved in the last five years, despite my portfolio probably having doubled in that time.
647
« on: May 25, 2015, 03:01 »
Right, thanks.
648
« on: May 25, 2015, 02:50 »
What's NASA doing in Spain?
649
« on: May 24, 2015, 16:06 »
But there is at least six months if not a year or two lag from the beginners doing uploads until they are disgruntled and stop. Then it will take time for the word to get around and the beginners no longer begin. I figure we are 3 to 5 years out from that point.
Now, it would be interesting if our thousands of images started to regain value after that....
650
« on: May 24, 2015, 15:25 »
There won't be a lot of pregnant women from gay marriages, so I suppose they are still being consistent.
Personally, I don't care whether people call themselves husband and wife, husband and husband or wife and wife or partner and partner. Good luck to them. The one thing I would object to is if tax benefits intended to support the upbringing of children are grabbed by people who have no intention of raising children but who just want to game the system for their own profit. And I really don't know if that is a consequence of "gay marriage", maybe someone else does.
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