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Messages - Brasilnut

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1



It's tough times for commercial photographers with AI threats and then with editorial photographers we have to walk on eggshells. I remember a few years ago I had a shot of a kid playing in the snow in Milan during a freak spring snowstorm ("Beast from the East"), which I submitted as Alamy Live News and even though none of the images sold, Alamy contacted me:

Quote
Weve heard from the parents of the child featured in the following image from your collection which theyve seen available for licensing on Alamy.

XYZ images

They say they havent given permission for the image to be licensed and are asking for its removal as no consent was given. We understand Italy has strict privacy concerning images of individuals where they are published for commercial gain. We therefore just want to check whether you obtained consent when taking these images and whether this consent extended to making the images available for licensing, whether you would like us to remove the images or if you would prefer we put the parents in touch with you to discuss directly.

I mean it's getting silly, if I were earning consistently thousands from my 15,000+ collection then I could make the argument that there is benefit but I see my average at Alamy at only around $100 net a month, so I'm just shooting myself in the foot.


See, at least in Germany this would actually be a case of editorial content that is not allowed.  I see a lot of editorial content like this on all kinds of stock sites, but at least here, you are only allowed to photograph people without their consent for editorial use images if they are either not the main subject of an image (for example a city scene full of people or a historic building, but there are people in front of it), or if they take part in an event of public interest like a demonstration.  I can very well imagine that other countries in Europe have similar laws.

That's right, in Portugal it's also the case that you cannot take portraits of people (save for some exceptional circumstances as you've mentioned) without their consent and cannot/should not publish those images for commercial gain. Appears to be quite common in many countries in Europe where there is some expectation of privacy in public.

I probably shouldn't have submitted the kid in Italy but thought it made for a nice story about unusual weather. These days I don't shoot minors anymore, it's just too problematic legally spekaing but worse of all is that relatives can get upset and just not worth the hassle for extremely limited gains.

2
It's a frivilous claim (without knowing all the facts), but what I do know is that my two images of this pathetic newspaper were never licensed via Alamy. The image was taken in the UK, not sure if this is a factor in the eyes of the German court (?). Also, why hasn't Bild's parent company gone after other agencies (perhaps they have/will).

I have had just over 50 sales of the newstand featuring Bild via SS, DP and DT. As soon as I heard about this claim I removed any images featuring them.

I mean, there are at least a dozen other newspapers there on the stand as attached.

I trust that Alamy's legal team are doing their best to defend, which they have a duty. The fact that it wasn't settled out of court is worrying as this means rising costs for the losing Party. Just imagine all those billable hours to defend claims made towards those 6050 images (and also having a duty to contact and update individual contributors).

---

It's tough times for commercial photographers with AI threats and then with editorial photographers we have to walk on eggshells. I remember a few years ago I had a shot of a kid playing in the snow in Milan during a freak spring snowstorm ("Beast from the East"), which I submitted as Alamy Live News and even though none of the images sold, Alamy contacted me:

Quote
Weve heard from the parents of the child featured in the following image from your collection which theyve seen available for licensing on Alamy.

XYZ images

They say they havent given permission for the image to be licensed and are asking for its removal as no consent was given. We understand Italy has strict privacy concerning images of individuals where they are published for commercial gain. We therefore just want to check whether you obtained consent when taking these images and whether this consent extended to making the images available for licensing, whether you would like us to remove the images or if you would prefer we put the parents in touch with you to discuss directly.

I mean it's getting silly, if I were earning consistently thousands from my 15,000+ collection then I could make the argument that there is benefit but I see my average at Alamy at only around $100 net a month, so I'm just shooting myself in the foot.

Am I going to need to take out liability insurance to shoot street photography?

Am I going to have to counter-sue Alamy for the damages, if they are substantial? Perhaps it's an unfair term in the contributor contract that should be unenforceable.

Anyway, I'll rant about his on my month-end report. Maybe one of the larger stock photography publications will pick up on the story.

It appears that Alamy's in-house legal dept. are doing their best here and have to give them credit for defending the claim.

3
Worrying update here from Alamy.

I asked Alamy whether my token damages over some $25 would bring the matter to a close and their reply:

Quote
"This matter remains ongoing with the case currently in front of the German courts. As mentioned, legal costs are being incurred by Alamy in defending the claims which as a contributor to you provide Alamy with indemnification against such claims under the terms of our contract. In the event of any further developments in relation to your cost liability under this matter we would provide you with an update to advise of any changes."

To be continued...

4
I have to pay as well...in my case 22.87 for 2x.

I had originally taken a picture of a newspaper stand with many different newspapers from different nationalities, including Germany (hence Bild). Nothing special. These have sold quite often at other agencies.

Silly claim but at least the damages were small (i was worried they would be much higher).

5
General Stock Discussion / Re: Anyone on RobertHarding?
« on: April 11, 2024, 07:05 »
Hi,

I have experience with RH. I'll just let facts speak for themselves and you can make a decision for yourself.

I've been with RH since mid-2018 and currently have a port of 534 images.

https://www.robertharding.com/alexandrerotenberg/

Since that time I've earned net $1,700 (rounded there since I get paid in GBP and depends on exchange) on 234 downloads for an average return per download of net $7.26. For comparison purposes I've earned an average of 63cents download at SS and $7.88 at Alamy.

Am I happy with the above? Not sure, it's not much but then again my port there is still relatively small. One reason why it's not larger is since I send them my "best" work and they traditionally reject quite a bit.

Hope that helps!

Nice work. Judging from what you have accepted, they like travel, scenic, locations, nature and that kind of subject?

Oh I looked:

Images must be no older than 3 years.

Photos must be submitted on an image exclusive basis and not be represented by any other stock agency, this includes sister images or similar's


Yes, they are exclusive. They distribute to some 80 agencies.

They want travel...can be editorials as well.

Nice friendly agency, I had great sales with them back in 2018 (especially via Getty) but unfortunately the prices really crashed particularly during the past 3 years.

6
General Stock Discussion / Re: Anyone on RobertHarding?
« on: April 07, 2024, 08:00 »
Hi,

I have experience with RH. I'll just let facts speak for themselves and you can make a decision for yourself.

I've been with RH since mid-2018 and currently have a port of 534 images.

https://www.robertharding.com/alexandrerotenberg/

Since that time I've earned net $1,700 (rounded there since I get paid in GBP and depends on exchange) on 234 downloads for an average return per download of net $7.26. For comparison purposes I've earned an average of 63cents download at SS and $7.88 at Alamy.

Am I happy with the above? Not sure, it's not much but then again my port there is still relatively small. One reason why it's not larger is since I send them my "best" work and they traditionally reject quite a bit.

Hope that helps!

7
Shutterstock.com / Re: Yay my photo is used as a book cover
« on: March 30, 2024, 12:30 »
One of my pasttimes is to go to book shops and flick through the first page after the cover to see where the image was taken.

I do see plenty of SS image used on covers (as well as Getty, less so AS), but it's usually as some part of composite with another image or more from the larger and more artistic agencies, Arcangel/Trevillion.

I don't think any serious publisher would use a SS or microstock image on its own knowing full well a competitor or even random business could start using it on let's say a toothpaste ad (or much worse) thus diminishing its uniqueness.

So, I think for a simple image it's OK to be paid little even for a book cover as it may not be strong enough to be used on its own. Plus it's RF subs and probably already sold 100s of times anyway (and buyers know this).

I find it difficult to justify it that way.
With an extended license, e.g. for print, the degree of commercial use is usually higher.

You have to distinguisch between an use for some random news / blog article as a gap filler or an use for print like a book cover.
A good book cover contributes significantly to a higher revenue amount, the commercial use aspect is much higher.
The same applies to print on demand stuff like t-shirts, etc.
So 10 cents are just extremely ridicilous low because the buyer will earn for sure thousand times more.

Ideally the extendend license would guarantee that the image is not used hundred of times but only the one buyer owns all rights.
The main problem is that no one is tracking the copyrights or the use restrictions (just like a half million prints, lol!), so such agencies just sell everything for some cents.

I agree that the licensing terms are too broad and vague for micros RF. Once we upload our images to microstock it's almost impossible then to track the usages and go after infrigement. The cost outweights any potential benefit except for a few rare cases.

We don't have to upload our images to these micros, there's always the option of going Alamy RM exclusive, that way we get a nice report everytime there is a usage and a clear procedure to go through to tackle infrigements (where the contributor can also earn from claims).

I'm happy at Arcangel as I know that the minimum I'll earn from a book cover is $75 net and as high as 4 figures. Once there is a sale I receive a report with type of license, the book title and author.

Archangel were a fail for me. It was a little difficult to understand what they wanted you to send them. In one part of the process they asked for 20 images to be sent and then in another they asked for 10. I decided to leave it for that time and although book covers would be very much my wheelhouse I preferred doing what I was doing. But I could easily churn out book covers and to demand given criteria to follow. Personally I find that process quite easy. However last year I thought because personal circumstances had changed, that I would try harder to understand what Archangel wanted. And entry has changed. They just want your link to your portfolio now. Easier to understand. So I sent them the link and received a curt thanks but no thanks. Odd because a good chunk of my port look very book coverlike. But no idea who or what looks at the portfolio link. I just wasn't for them. It's a strange world ms. I have one photo that sells over and over to the same company as well as elsewhere. I assume they must use a limited license (not actually sure) but when we had the map it showed the same location each time. Its hilarious because its an item that isn't at all what they use it for on their website. Not even close and doesn't look like it at all but they keep purchasing it and they use it to sell their product.

I have to admit that it took me a long time to figure out what they want (and occasionally I just miss completely).

The best thing to do is to look at their latest accepted every week and ask yourself if you can produce "similar" work in terms of content, technicals, etc or better. If you can't then chances are buyers will keep going to the usual contributors who are producing the best and most relevant work.

If/when you do curate again so they can see your work, try to only upload the best/most relevant...they're also looking for something unique with your style.

8
Shutterstock.com / Re: Yay my photo is used as a book cover
« on: March 22, 2024, 11:25 »
One of my pasttimes is to go to book shops and flick through the first page after the cover to see where the image was taken.

I do see plenty of SS image used on covers (as well as Getty, less so AS), but it's usually as some part of composite with another image or more from the larger and more artistic agencies, Arcangel/Trevillion.

I don't think any serious publisher would use a SS or microstock image on its own knowing full well a competitor or even random business could start using it on let's say a toothpaste ad (or much worse) thus diminishing its uniqueness.

So, I think for a simple image it's OK to be paid little even for a book cover as it may not be strong enough to be used on its own. Plus it's RF subs and probably already sold 100s of times anyway (and buyers know this).

I find it difficult to justify it that way.
With an extended license, e.g. for print, the degree of commercial use is usually higher.

You have to distinguisch between an use for some random news / blog article as a gap filler or an use for print like a book cover.
A good book cover contributes significantly to a higher revenue amount, the commercial use aspect is much higher.
The same applies to print on demand stuff like t-shirts, etc.
So 10 cents are just extremely ridicilous low because the buyer will earn for sure thousand times more.

Ideally the extendend license would guarantee that the image is not used hundred of times but only the one buyer owns all rights.
The main problem is that no one is tracking the copyrights or the use restrictions (just like a half million prints, lol!), so such agencies just sell everything for some cents.

I agree that the licensing terms are too broad and vague for micros RF. Once we upload our images to microstock it's almost impossible then to track the usages and go after infrigement. The cost outweights any potential benefit except for a few rare cases.

We don't have to upload our images to these micros, there's always the option of going Alamy RM exclusive, that way we get a nice report everytime there is a usage and a clear procedure to go through to tackle infrigements (where the contributor can also earn from claims).

I'm happy at Arcangel as I know that the minimum I'll earn from a book cover is $75 net and as high as 4 figures. Once there is a sale I receive a report with type of license, the book title and author.

9
Shutterstock.com / Re: Yay my photo is used as a book cover
« on: March 19, 2024, 11:10 »
One of my pasttimes is to go to book shops and flick through the first page after the cover to see where the image was taken.

I do see plenty of SS image used on covers (as well as Getty, less so AS), but it's usually as some part of composite with another image or more from the larger and more artistic agencies, Arcangel/Trevillion.

I don't think any serious publisher would use a SS or microstock image on its own knowing full well a competitor or even random business could start using it on let's say a toothpaste ad (or much worse) thus diminishing its uniqueness.

So, I think for a simple image it's OK to be paid little even for a book cover as it may not be strong enough to be used on its own. Plus it's RF subs and probably already sold 100s of times anyway (and buyers know this).

10
Shutterstock.com / Re: Yay my photo is used as a book cover
« on: March 15, 2024, 18:35 »
A STANDARD IMAGE LICENSE grants you the right to use Images:

Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate

https://www.shutterstock.com/license

Thanks Alex you're always there ready with the answer so thank you.

You're welcome (just don't shoot the messenger ;D)

11
Shutterstock.com / Re: Yay my photo is used as a book cover
« on: March 15, 2024, 16:52 »
A STANDARD IMAGE LICENSE grants you the right to use Images:

Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate

https://www.shutterstock.com/license

12
Shutterstock.com / Re: Monthly earnings and downloads
« on: March 14, 2024, 06:45 »
My understanding is that we are not allowed to publicly share our earnings on Shutterstock. I dont agree with that rule but I dont make the rules.

As SS is a public company the auditors/lawyers thought it would be a good idea to put this clause in the contributor contract, but they have never enforced it (as far as I'm aware). I've been reporting my earnings at SS since early 2019 with no issues.

It's crazy how things are turning out with my port. For March, so far, SS is in THIRD place behind Alamy and Pond5 with AS not too far behind.

How the once mighty SS has fallen.

13
1. Might as well try to squeeze the last remaining drop of earnings in this otherwise dying industry

https://brutallyhonestmicrostock.com/2024/03/11/shuttered-shutterstock-why-its-losing-its-shine-for-contributors/

14
^^ I'm assuming that many buyers won't create the AI themselves (or hire prompt engineers) but license them at stock agencies with more generic keywords.

15
Dear human Colleagues,

As AI technology continues to advance, its understandable for us stock photographers and videographers to feel somewhat concerned about its potential disruptions to our revenue streams. We can just keep doing the same old and hope that it just blows over (which it wont) or we may adopt strategies to protect our livelihoods.

I've published five such strategies that you may wish to start adopting right away lets get started!

https://brutallyhonestmicrostock.com/2024/03/07/future-proofing-creativity-5-strategies-for-stock-photographers-videographers-in-the-age-of-ai/

Alex

16
Shutterstock.com / Re: Is Shutterstock dead?
« on: March 01, 2024, 12:05 »
So far in 2024 for the first time ever for both January and February Shutterstock was not my best-performing agency.

Lost out to AS in January and IS in February.

Hope Alamy will crush them in March!

18
General Stock Discussion / Re: This month's sales
« on: February 03, 2024, 09:55 »
Highlights for my month:

- 3 book covers at Arcangel
- 3 decent clip sales at Pond5
- AS beat SS for first-time ever for me

Lowlights:

- Record low average RPD at SS
- Many images licensed by major publications where I earned <$10/each

Link to the full earnings and news report including YT version:

https://brutallyhonestmicrostock.com/2024/01/31/january-2024-brutally-honest-earnings-report/

Alex

19
Dreamstime.com / Re: Any tips for good keywording on Dreamstime?
« on: February 01, 2024, 11:05 »
Can't speak specifically about Dreamstime (poor sales there), but keywording overall I'm using Phototag.Ai for keywording both images and now they do great work with videos.

I've published a review of this great and affordable piece of software with a shameless affiliate link :)

https://brutallyhonestmicrostock.com/2023/11/07/review-of-phototag-ai-keywording-your-images-automatically-using-ai/

20
Dear Colleagues,

Just published this post on the new EU AI Act that will soon be coming into force and specifically for us, how it will impact AI-generated stock content.

https://brutallyhonestmicrostock.com/2024/01/26/new-eu-ai-act-and-its-impact-on-ai-generated-stock-content/

Alex

21
Follow-up post on how I lost my drone with insight from DJI's Flyaway Customer Service.

https://brutallyhonestmicrostock.com/2024/01/08/how-i-lost-my-dji-air-2s-on-new-years-eve-a-cautionary-tale/

22
Dear Colleagues,

I've just published my comprehensive year-end stock summary on the blog as well as on YouTube (41 mins long).

Hope you enjoy watching/reading as much as I have compiling these reports. Overall it's been a difficult year but I remain optimistic about certain segments of the stock industry.

https://brutallyhonestmicrostock.com/2024/01/03/2023-year-end-review-good-bad-and-ugly/

https://www.youtube.com/watch?v=Ct_O0CtxICM&feature=youtu.be

All the best - Alex

23
On average, this year, my iStock clip prices are 6x less than SS and AS and 18x less than Pond5.

Nevertheless, even if sales are tiny, I've made some $400 all-time from iStock on a port of just over 800 clips.

24
A couple BIG critisisms:

(a) No way to sign up with just an e-mail. Looks like the dev took the super lazy way and "authenticates" with google/facebook/github. If someone doesn't have any of those accounts - no way to sign up for the service, not to mention - many people (including myself) just don't feel comfortable USING a "google/facebook" account to "create" an account. (privacy is one of those reasons among others). Big no-no. So no way of signing up with just an e-mail.

(b) He doesn't specify how much credit packages cost.

(c) His online chat bot isn't actually connected to anyone - so asusming he is sleeping right now - so if you try to message, just says "failed to send"...

So... it "might" be good, but obviously still needs a lot of work right now.

I got in touch with the developer at Phototag.Ai with these concerns and he's trying to be accepted at the MSG forum and it's still pending. In the meantime he has replied the following:

"Hello! Im Aaron, one of the developers responsible for PhotoTag.ai. First of all, thank you for the constructive feedback! Were constantly listening to our members and implementing improvements based on their feedback. Here are some specific responses to your concerns:

(a) I promise the decision to only include OAuth login options was not out of laziness, we felt that improvements to the user experience outweighed any other drawbacks. Also, we only use these platforms to retrieve your email address and authenticate your request. That being said, weve received a few complaints about the lack of email sign up (so youre not alone on that), and were actively working on implementing that feature! I expect itll be live before next week.

(b) Good point that the one-time photo bundle prices are not on the landing page - well have to update that. The prices are $19.99 for 1,000 photos and $149.99 for 10,000 photos.

(c) Im sorry your message didnt go through on our chat. Ill be reaching out to our provider to see why that happened. Please bear with me if I take some time to respond because Im actually the only person actively monitoring those messages! But I promise I always answer any messages that come through."

25
Thanks for posting.

PhotoTag seems to be best piece of software out there for this purpose from what I've researched.

In addition, according to the programmer the code is constantly being improved and soon they will have videos.

It will save you time but works best for still life and simpler concepts, not great for more complex subjects such as editorials and travel. Another con is that the maximum image size is 20MB which means having to downscale many of your images to be able to upload.

They allow 3 images a month for free so would suggest everybody try it out and see results for themselves.

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