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Messages - ann

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126
Alamy.com / Re: 1st sale in Alamy
« on: November 25, 2011, 17:19 »
cobalt, re "I wonder if locations from Germany are interesting at all..."

Alamy already has an offices in several countries, including Germany.
(In fact, one of my more recent Alamy sales, around $100, was to a German magazine.)

127
Alamy.com / Re: Few doubts about Alamy submission
« on: November 20, 2011, 12:00 »
Lagereek - RM license is not automatically an exclusive one.
Perhaps Getty requires RM licensed images placed with them to be exclusive?

[Edited to add: thanks ShadySue. I was typing above while you posted.]

128
Alamy.com / Re: Few doubts about Alamy submission
« on: November 20, 2011, 10:35 »
Alamy does not have official designations of exclusive and nonexclusive for its photographers. It's fine with Alamy for contributor to submit same images on other agencies, but offer the Same License for the same/sister image on all sites.

In other words, if you have RM license for photo on Alamy, have RM license for it at every agency. Also, if you have two sister (Significantly similar) images, give them same license type.

RM basically means that when image license is purchased, it will specify TYPE, TIME, Maximum SIZE, Geographic  LOCATION, of use. This differs from RF where buyer generally may use licensed image without time limit, and for wide range of uses (though not just Any use, such as logo, or those that require extended license, print runs beyond certain Big size....)

This is broadstroke - rather than legal, thorough - info.

129
iStockPhoto.com / Re: iStuck Google search
« on: November 16, 2011, 19:34 »
Thanks for posting the www.metacrawler.com link, RacePhoto.
Yes, it is useful, but I forgot about it over the years. (brings back memories of dogpile.com, askjeeves...)

130
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 15:57 »
RT's a copyright attorney?



P.S. perhaps we should just agree to disagree about the illegal part


When I "agree to disagree" with an attorney, on legal issues, it's a safe bet the attorney is right and I'm wrong.

131
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 15:01 »
@RT - Oh my goodness - I was neither offended nor upset. 
Sorry I wasn't clearer.

<rest deleted by author>

132
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 13:02 »
@AttilaTheNun - Hi! Since you asked,  "But why getting worked up over it?"  I'm happy to answer you.

Though you and I, among others, are aware of the       agency name     situation at that agency, and pulled our ports, there are thousands of contributors, particularly non-exclusives, who might not be aware of it, or perhaps not see the implications as significant, and so will not pull ports because of it.

The contributors' lack of a legal union once again is a boon for the agency.  Wouldn't the agency be quite pleased if the only fallout from their     agency name    lie was having some small percentage of dissatisfied contributors simply pull their ports, and quietly go away....  

I  do   not   want   agency   name   to    become   "the norm" -
where more agencies, emboldened by what the first one pulled off, consider doing the same.

That's why.

133
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 11:01 »
<deleted by author>

134
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 09:16 »
That's exactly what I did months ago with my tiny port, but an enterprising lawyer could decide the potential publicity, at least, made this worth her while.

-------------
I'm gong to use BIG brand names now so most will be familiar with them:


No store is going to advertise Coke or Pepsi as Amazon.com Cola or Walmart Cola  
not only because because Coke & Pepsi would rightfully sue them Big Time, but because the brand names Coke and Pepsi mean a lot to a lot of customers.

Coke & Pepsi would never be where they are now if, in the early days, they let whatever store sold them call their cola soda by the store's name!  Which, in effect, is not far different from contributors allowing  agency name.  And they continue to have top lawyers actively protecting their brand name, because they know that the brand names are  Gold to their company.

Well, by promoting just the agency name, even at agency site, with  false     agency name  -  the agency is helping prevent brand awareness, and therefor power, of the contributor/copyright holder  -  in favor of strengthening brand awareness, and therefore power, of the distributor.


"The Emperor Has No Clothes"    "The Agency Has No Right to Claim Copyright"
Why bother? Just dump iSuck.

135
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 04, 2011, 07:06 »
Right, copyright symbol should be next to contributor's name, not agency!

And when it uses/requires:   agency name     agency is openly claiming copyright on millions of photos it does not own copyright to, so a competent copyright lawyer could have a field day with this one.

Contributor (class action suit or not) could hire a copyright lawyer who sees the potential not only for fees but also priceless publicity.

"The Emperor Has No Clothes"    "The Agency Has No Right to Claim Copyright"

136
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 03, 2011, 19:35 »
Cthoman & BaldricksTrousers -

Yes, it sounds rather melodramatic the way I worded it, so I can't disagree with you.
And since I didn't mean the images would literally have no attribution - but, rather a False one - I should have not used the term "Orphan Work."  

Separate from any images the agency may own outright:

The agency is the distributor.
It does not own the copyright to the images.

Writing   (c) Agency Name     is a Lie.
And it strengthens agency's tie to the work at the expense of distancing the work from the contributor.

Think about the effect of having one's images "out there" over the Years with just some agency name after the copyright symbol. It wll be unnecessarily harder for contributors and their heirs to keep track of the use of images they hold (c) to.

137
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 03, 2011, 15:03 »
They're creating a whole new class of "orphan works" where, for all practical purposes, the enduring lineage for lots of stock images will just be an agency's name as the years go on.  
From vantage point of contributors' heirs - argument could be made that the agency is kidnapping images right in front of -holder's eyes.

And they bought a company that tracks images. Simply an ironic coincidence?

greedy companies get away with what they are allowed to get away with

138
iStockPhoto.com / Re: dealbreaker #1: Thinkstock
« on: November 03, 2011, 11:29 »
@fujiko: Thank you for the link.

cclapper - Yes. Anyway, isn't it illegal for distributing agency to place/require just " agency name" for whatever images contributors hold copyrights to?  Or, when contributors do business with agency despite it, does it give some sort of implicit consent to hijack copyright notice?

(Full discloser: I've already deleted my small port from any agency that feeds to thinkstock.)


Thinkstock seems able to credit some files:
http://www.thinkstockphotos.com/image/stock-photo-turtle-and-chipmunk-wearing-party-hats/83290871

I believe it's more of an IS thing. It's not 'commercially reasonable' to credit IS contributors.


Actually, I was with IS for about 6 years and any time I found my photo, it was credited to me personally. This subject was brought up before here, because IS has recently started to do this too (I personally have noticed it, including in such magazines as Good Housekeeping, where they now put istockphoto instead of the photographer ). sjlocke, in that thread, mentioned that Getty does this and contributors were complaining to Getty about it. Therefore, my reasoning is that IS has started following Getty protocol, hence my statement "it's a Getty thing".

And I don't really care if it's commercially reasonable or not for the agencies. Photos are copyrights of the photographers NOT Getty or istock and putting a copyright symbol next to the Getty or istockphoto name is just WRONG and deceitful.

139
iStockPhoto.com / dealbreaker #1: Thinkstock
« on: November 03, 2011, 07:39 »
Thinkstock   where the contributor is literally out of the picture

dealbreaker #1: The contributor is never identified anywhere on images distributed by Thinkstock, including on the site. 

140
Alamy.com / Re: Approval of first batch
« on: November 01, 2011, 19:10 »
RacePhoto's shared lots of useful info.

Just wanted to mention that for the First submission, they probably look at each photo until 1 fails or all 4 pass.

Though my QC results are not 100% green - a bit about about technical aspects...

We all know that photos typically will be rejected if less than technically perfect - soft focus, poor exposure, or whatever.

But, if a shot has something really special going for it, if it's a truly desirable subject, I'd submit it even if it had some technical glitches. Generally, the more desirable the shot, the more leeway with technical aspects.

A gorgeous sunset, shiny motorcycle, or absolutely adorable kitten would likely NOT fall in this "special" category - unless the kitten's driving the motorcycle into the sunset.

an extreme example - It's about 0% likely a reviewer will ever think this:
"Oh, here's a photo of Pres. Obama dancing with his younger daughter in the Oval Office. What? The left wall's blown out - FAILED!"

141
Alamy.com / Re: First payout... :)
« on: October 31, 2011, 17:53 »
CONGRATS, Morphart!
It took me over a year to earn first payout.
(One reason I'm an Alamy fan is that my strongest seller on micro sites needed 99 or 750 sales, depending on the site, to earn same $ as I did, with totally different images, on Alamy with 4 sales.)

142
If I understand situation correctly - this is the most indefensible ruling I've ever heard of related to stock photography.

The dangerously inept company representative must think s/he's dealing with an idiot.

143
Alamy.com / Re: This sold for $228 ???
« on: September 28, 2011, 13:19 »
hi gostwyck - re your response to "Micro prices can give a sadly distorted view of what the right photo can be worth to the right client...."

"Right photo" and "right client" were crucial parts of my statement. I simply don't find it amazing that a client would find that image, or virtually any one specific stock photo not easily found on micros, worth $228.  

I wasn't addressing what one should expect all stock photos -- regardless of apparent versatility or technical/aesthetic quality -- to sell for, NOR where one should offer all stock images.  

At this point in stock imagery history, I doubt it's a question of micro OR macro. Some stock photographers shoot virtually all images best offered on micro, some "all" on macro, some split between both...  and there's likely a 3rd option to what we know as macro and micro in the works.

144
Alamy.com / Re: This sold for $228 ???
« on: September 27, 2011, 09:39 »
Your photo was worth $228 to the client. Micro prices can give a sadly distorted view of what the right photo can be worth to the right client.

BTW, recently on A, a client licensed a photo of a smashed monitor or TV set for thou$ands, and used tiny bits of the glass in a Harry Potter poster.

145
You were joking, right?

[....] I'm guessing Yuri is moving into editorial stock, for which the only real skill you need is being able to be somewhere with a camera, [....]

146
After seeing your reply, Ed, I reread mine, and realize one of my intended points was not at all clear - I was curious if UK contributors got a different or additional message re BAFLA than contributors got in other areas, such as U.S. (But you'd have needed ESP to realize that based on what I wrote.)

And I agree with you that their goal of helping student photographers goes deeper than giving the students an opportunity to earn 40% extra commission for a couple of years.

Ann, you're right....my point being they are trying to push budding photographers into going into the traditional as opposed to the micro route.

147
Ed - I'm in U.S. and received email about BAPLA Academy, which I'm guessing went to all Alamy contributors opted into receiving such info. However, I don't recall receiving anything re BAPLA membership.

From the BAPLA site: "BAPLA also works closely with its sister organisations - PACA in the USA and CEPIC across Europe."

 - BAPLA - British Association of Picture Libraries and Agencies
 - PACA - Picture Archives Council of America
 - CEPIC  - (Centre of the Picture Industry) Coordination of European Picture Agencies Stock, Press and Heritage

BAPLA, PACA, and CEPIC appear to be geared toward big agencies rather than the "typical" individual professional photographer.

148
[....]
At least we're not taking a hit in our royalties to pay for it. Alamy has always said they support educational projects out of their profits. [....]

+1

149
cclapper - That's great the site took down your large image. Some progress is so much better than total surrender.

re your:
Quote
Glad to hear they at least responded. As far as posting a large size due to ignorance, that may be the case, or they may know it's wrong, but because "everyone else does it", they just go with the flow, figuring no one is going to do anything about it. I had someone take a large image down yesterday, but they said they used it because they got it from another wallpaper site for free. They pointed me to that site.  Roll Eyes

150
UPDATE:
Last week: After an exchange of emails with SS support, I checked whois for the domain server for 'photooboi extra ua', and then hit a brick wall getting email addresses for those dservers, since they're Ukraine-based. (So DMCA not the way to go.) Then I sent the whois results to SS and asked if there was anything else I realistically could do about my 1300 x 870px image photooboi- was displaying.

Today: Shutterstock's counsel called, listened, explained his take on the situation, and gave me the wallpaper site's Contact email, which I missed when I searched the site. So, now I'm off to write them a letter about taking the 1300 X 870px photo down. And, if they posted such a large size due to ignorance, rather than malice, it might help.

BTW, in case that brief account doesn't make it clear - I feel Shutterstock's response to my concerns over image misuse by the wallpaper site was solid - responding to emails overnight or sooner on week days, and then attorney calling me. (Plus, though irrelevant to the image misuse problem, I'm a minor contributor, and the misuse problem was about an image that used to be on SS and another site or so.)

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