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Messages - MarcvsTvllivs

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126
General Stock Discussion / Re: 500px issue
« on: April 26, 2015, 13:38 »
I don't understand the commotion about watermarks at a site like 500px to be honest. It's a portfolio presentation site first and foremost, and as such leaves the choice of watermark to it's users. I for example put my own custom watermark into my images. For the market I then upload a larger, unwatermarked copy. Where's the problem?

Sure, if you want to dump a 5000 image portfolio, the process will be painful. Still less so than uploading to, say, Alamy or iStock, but still painful. But large stock portfolios is really not what 500px is about.

127
Software - General / New Adobe Lightroom released
« on: April 21, 2015, 15:51 »
Finally: http://petapixel.com/2015/04/21/adobe-unveils-lightroom-cc-speed-boost-raw-hdr-and-pano-face-finding-and-more/

I had to restart my Mac for Creative Cloud to show the update (seems to be a common issue).

Looking good so far.

128
iStockPhoto.com / Re: Stupid file deactivation by istock
« on: April 16, 2015, 03:40 »
Not to support IS here, but the "Panoramafreiheit" applies to public ground (as in streets, boardwalks,...). The "Englische Garten" is most certainly not public ground, but is rather governed by the "Bayerische Schlsserverwaltung" - this is where the castle comes from...

"Public ground" in that sense is not defined by who it belongs to, it is defined by whether it is publicly accessible without going through some sort of access limitation (i.e. a gate that gets closed now and then). For example, train stations are considered public ground as they are dedicated to the public and open around the clock and for everybody, even though they belong to the private train company and are even inside. The Schlosspark Glienicke in Potsdam on the other hand has gates that, while they are not always staffed and never used to charge admission, close at night. That has been considered sufficient to exclude freedom of panorama in court. I do not know about the Englischer Garten. Does it ever close? Does it exclude some people?

Either way, if iStock is now deactivating files from this location, chances are that they received a cease and desist letter. If that letter is legally in the right, who can say.

129
PhotoDune / Re: Who still has a high acceptance rate?
« on: April 04, 2015, 03:49 »
My acceptance rate is less than 5%. It used to be about 80%. Something clearly changed.

No matter, with their recent tax fraud nonsense I will be gone as soon as I hit payout.

130
General Photography Discussion / Re: Travel camera
« on: March 27, 2015, 09:08 »
The Sony Cyber-shot RX100 III is tiny and can be used for stock.  If you want interchangeable lenses, the Olympus OM-D range, Panasonic DMC-GX7, Fujifilm X-Pro or Sony NEX or A7 range are worth looking at.

I don't disagree about the rx100III, just be aware that it is rather flimsy. I have already given mine a few dents. They are purely cosmetic so far, but that's just because I was relatively lucky.

131
Yaymicro / Re: Our images for sale with no license terms
« on: March 25, 2015, 10:58 »
What a joke.

132
Shutterstock.com / Re: Editorial EL
« on: March 14, 2015, 13:44 »
Right. I wasn't trying to dispute that your opinion is yours alone to have. I was thinking of the buyer side. I was trying to make sure people (buyers) don't read this thread and think they're in the clear to do whatever with an editorial image. They're not and I as a buyer wouldn't do it without individually checking back with the agency.

133
Shutterstock.com / Re: Editorial EL
« on: March 14, 2015, 12:18 »
Saying that, protects SS, it's not necessarily what the LAW says.

The answer for me would be, does SS (or any other agency) pursue anyone for using an image licensed as Editorial, as commercial, at their own risk? Which also doesn't make it legal, but would at least show that they tried to enforce the license.

The way I have seen this is this: Final use is the responsibility of the buyer.

Anyway, yes there are a number of legal editorial uses that someone might want an EL. Large publication over a long period of time, text book, high circulation magazine or newspaper.


Not necessarily true. The buyer can determine the proper use on their own. The license only covers us and the agency as far as approved use, notification. The buyer may determine on their own that they don't need a release to use an image.

At least that's the way I read the license?

Not the way I read it. From Shutterstocks license terms' catalogue of things you are not allowed to do: "17. Use an Image marked "Editorial Use Only" for commercial purposes."

No, of course that's not what the law says. But licenses are only valid within the restrictions that they give, and those contractual restrictions are the licensor's (SS) to set. Meaning that with a clause like no. 17 up there, if you use an editorial photo for commercial purposes anyway, it's the same as if you are using it without a license.

The practical relevance may still be pretty much zero. What's editorial anyway? Hard to say from case to case, and I as an author certainly don't particularly care how my editorial images are used so long as trouble doesn't fall back on me.

134
Shutterstock.com / Re: Editorial EL
« on: March 14, 2015, 11:01 »
Not necessarily true. The buyer can determine the proper use on their own. The license only covers us and the agency as far as approved use, notification. The buyer may determine on their own that they don't need a release to use an image.

At least that's the way I read the license?

Not the way I read it. From Shutterstocks license terms' catalogue of things you are not allowed to do: "17. Use an Image marked "Editorial Use Only" for commercial purposes."

135
Shutterstock.com / Re: Editorial EL
« on: March 13, 2015, 16:59 »
one simple way would be if the editorial part of the image could be cropped or blurred out

But Shutterstock would still only be selling an editorial license, so the buyer would still be limited to editorial purposes by that.

136
Software - General / Re: New Photos for Mac is no Aperture
« on: March 10, 2015, 21:27 »
I switched to Lightroom in early 2014 and I am very happy with it.

137
GLStock / Re: GL down?
« on: March 10, 2015, 21:20 »
While I agree they seem to be making a go of it in some sense, and they pay fair royalties - there is no reason to upload any more photos to them at their current level of sales.    I don't know where it goes from here.

There isn't just no reason. It's not possible.

138
Bigstock.com / Re: No more uploads for me
« on: March 10, 2015, 16:54 »
I finally hit payout and pulled my port a while ago (after not uploading for about a year before). Good riddance!

139
Off Topic / Re: Legal: shooting photos in public places
« on: March 09, 2015, 09:55 »
I've been kicked off college campuses a couple of times while trying to get images for a request on DT.  I went over holidays because that is when I had time, they would not be crowded and I could park for free.  Security didn't like anyone wandering around there with a camera even though it was full daylight.  They checked my ID and told me to come back when school was in session - apparently it would have been fine when the students were there but not otherwise.

I have been politely -- almost apologetically -- asked not to use my tripod in Harvard Yard. Other than that I have never had problems on college campuses. One is left to wonder what these schools are afraid of...

140
New Sites - General / Re: 500px
« on: March 08, 2015, 17:01 »
Hi,

I have a couple of questions/requests.

MarcvsTvllivs - Any chance you would link your port on 500px and/or the photo that sold?

Semmick Photo - Do you sell the same port on FAA and 500px? Do you also sell these same photos on Micros? I remember back in the day selling the same stuff on micros and higher paying markets was a big faux-pas but that seems to have be less so now.

thanks!
Damien

Sorry, I try to maintain plausible deniability when it comes to my identity here. I want to be able to candidly speak my mind and not fear agency retribution (this isn't particular to 500px btw, I am using my real name on all agencies).

To describe it (even though I suppose that would make me identifiable to a 500px insider, but oh well...): it is a photo of a locker-lined hallway. Nothing too special in terms of artistic value, but not "standard" stock either.

141
Not speaking on the merits yet as I haven't had time for a detailed read, but you have to give them credit on the form. Granted, the EPUK complaints came from a powerful source. But still: What other agency replies to photographers' grievances with such effort and such speed these days?

142
New Sites - General / Re: 500px
« on: March 04, 2015, 03:48 »
Are people actually earning enough each month there for it to be on the poll? I would genuinely be interested to know.

I am pretty sure people aren't. Just as I am pretty sure people aren't earning enough to justify putting Veer, MostPhotos, Canva, Yay etc. etc. etc. there...

143
2. Even on account closing, they don't pay out your balance unless it's over $50, so I'll watch my balance and open a support ticket at that point and they'll close my account for me.

That's amazing!
Given that they claim to be a platform and the invoice is from author to client and the client has paid, that's theft, right?

How can an invoice be paid on the client side but unpaid on the author side? Is this come kind of Schroedinger's invoice?

+1000

Well, time to e-mail Envato. They contribute only 2% to my overall earnings, it's not worth the hassle if they don't change things.

That is... honestly, what. They didn't even think through their own stupid scheme.

144
Alamy.com / Re: Alamy - is it worth the time and trouble?
« on: February 25, 2015, 04:10 »
Editorial and press stuff sells well (almost exclusively to British clients)

exactly, photos about the UK.

I have no photos about the UK. My travel stuff is from all over the world with a lot of it coming from the Americas. My press stuff is all U.S. or continental European major cities.

145
Alamy.com / Re: Alamy - is it worth the time and trouble?
« on: February 24, 2015, 10:29 »
Success with Alamy may depend on what sort of photos you have. I have mostly travel and some other editorial photos there, with some outright press photography mixed in. My experience is very positive. Editorial and press stuff sells well (almost exclusively to British clients) and travel sells *very* well, even internationally.

The total number of sales for me is about 100 times lower than on Shutterstock, but the revenue is about the same.

146
But their 1099 wont match your accounts then? Just asking as I am not US taxed, I dont know how it works in the US.

I don't get 1099'd by Envanto.

Not up to now, but read their license change that JoAnn posted.  They are planning on 1099ing US controbs for 2015 and reporting your gross income, not the net they actually paid you.

Ok understood, but for us in the US I will just report their cut as an expense, keeping my total income from Envanto what I actually net.  I am not a tax attorney but it seems pretty simple to write off their cut as a cost of doing business.  So if I make $1000 in a year and they report $3300 income, I am going to write off $2300 as an expense. Maybe I'm oversimplifying it.

Yes, but you're paying taxes on $3300, and expensing $2300 is not the same as paying taxes on $1000. I think that's the catch in this whole system.

Genuine curiosity: How is it not? It is here in Europe.

147
when mp3 first came out, i knew blokes in our local network who were earning 0.00014 cts per dl . and 50cts per indie produced cd. they had fans writing them from poland, japan, holland, germany,etc . they thought they were awesome and supported these artists. but when the fans were told these blokes were paid 50cts for the cd they bought they said it was sheer exploitation.
these blokes were in the top 5 in electronics,  blues, and fusion charts regularly.
i remember one showing me her annual earning = $74  and this was a leading top 10 chart indie artist during the early days of mp3 in the 90s , way before they dumped all these artists who made them famous, and got tori amos, whatshisname from the old santana group,etc etc etc.
then mp3 wrote these indie guys to say they now had to pay mp3 if they wanted to stay .

I'm confused. Who's mp3 to be writing to people? Was there a platform called mp3?

148
I can only attach my paypal income to accounting, only real money what I can see on my account and they are my income for tax account. The Photodune's invoices and scam system are only pile of s..t for my bookkeeper. Of course someone makes a big big tax fraud and I hope it's the Photodune!

- Photodune can't issue my invoices
- invoices are totally wrong formed

Invoices must include:
- invoice number must be consecutively numbered, no missing numbers
- full customer name and address
- customer's VAT number
- author's VAT number
- amount without the VAT 0%
- amount of VAT and VAT % what ever it is in different EU country
- amount with the VAT -> this money will come to the bank account
- I must collect VAT for TAX office once a month

So, if I explain this The Photodune "system" for my bookkeeper and for the tax office they both laugh me out.. I think there is only one way for the EU contributors, say bye bye for the Photodune..

I agree with everything but the last sentence. Not that I am vastly opposed to kicking PD to the curb, I just don't think you have to because of tax issues. Everybody here assumes the tax authority knows or cares to know about what Envato thinks they are today -- agent, marketplace, wizard... whatever. I assure you, the tax authority doesn't give a ****. So unless you go to them and explain Envato's craziness, this will never become an issue. Tax authorities don't expect 100% kosher invoices from foreign entities, so they will be fine with the Paypal remittance if they need even that. And you declare that as income. Done.

All this may not be true if you are a giant corporation and make tens of thousands on Envato, of course. But then again, who but maybe the most successful web template designers are?

I don't really wanna keep doing this because it seems like I am defending Envato, which I am not. I am just telling you, as someone who knows the theory and the practice of law and who has a pretty good understanding of bookkeeping and accounting standards for small businesses: this is being blown out of proportion. It won't be an issue.

149

As a contributor to this "marketplace" I will not worry too much about this. These are people that walk like an agency and talk like an agency. They review the content, they brand it with their watermarks, they set the licenses as well as the prices, they process the payment, and so on and so on... Chances are, any judge and any tax authority will recognize them as an agency.

Of course you have to worry about. Envato course is ambiguous yes.
But what you tell the tax office which are not understood first?

Thats all just makes too much work and problems.

I don't think I do. Envato with their ridiculous, transparent antics doesn't declare my taxes to my European tax authority. They declare theirs, and good luck with that. I as a citizen of a European country declare my own taxes and I will declare what I receive from them on the date that I receive it like I do with any other agency. My tax authority will then tax me on that income. Done. My tax authority will neither know nor care what Envato is trying to pull off.

of couse that works for the time being but least at a tax audit you will have to explain it...

Why? I report my earnings correctly. I pay my income tax. I owe no sales tax on a sale made by the agency to a third party, and I owe no sales tax on what money I receive from the agency as a foreign entity. I am in the clear.

150

As a contributor to this "marketplace" I will not worry too much about this. These are people that walk like an agency and talk like an agency. They review the content, they brand it with their watermarks, they set the licenses as well as the prices, they process the payment, and so on and so on... Chances are, any judge and any tax authority will recognize them as an agency.

Of course you have to worry about. Envato course is ambiguous yes.
But what you tell the tax office which are not understood first?

Thats all just makes too much work and problems.

I don't think I do. Envato with their ridiculous, transparent antics doesn't declare my taxes to my European tax authority. They declare theirs, and good luck with that. I as a citizen of a European country declare my own taxes and I will declare what I receive from them on the date that I receive it like I do with any other agency. My tax authority will then tax me on that income. Done. My tax authority will neither know nor care what Envato is trying to pull off.

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