|
MicrostockGroup Sponsors
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
Messages - Orchidpoet
Pages: 1 2 3 4 5 6 [7] 8 9 10 11 12 ... 14
151
« on: July 19, 2019, 12:16 »
I can't log in just a few minutes ago.
I entered user ID and password, nothing happened.
152
« on: July 11, 2019, 13:16 »
I made this suggestion before and will say it again:
Copyright holders can initially set up a GOFUNDME account and appoint some trustees including a reputable lawyer to manage the money, in trust. The trustees will determine how the money should be used, including appointing attorneys and expenses.
The legal fees can be paid out of the trust money.
A percentage of the money recovered will go back to the trust fund.
If we pool the efforts together, there will be a defense fund available for the future.
153
« on: June 17, 2019, 11:48 »
It's working. I just uploaded.
154
« on: June 14, 2019, 11:26 »
I think it's time that we contributors go get the thieves.
If the thefts are not dealt with seriously, in the future stealing images and videos will become a norm. People and legal community will feel it's an acceptable practice.
I wonder if it's a good idea to set up a trust fund through GOFUNDME, which should be managed by a reputable law firm in trust. Trust funds will be under strict legal scrutiny by law.
155
« on: June 02, 2019, 19:24 »
As I wasn't sure if it was a good idea I kept my old account.
I uploaded few dozens of clips to tne new exclusive account to give them a try. So far, after one month no sales.
I have much more videos in non-exclusive account and haven't noticed changes in sale pattern.
Strange thing, excusive review time is much longer. Usually 2-3 days vs. few hours for non ex files.
Haven't seen any better placement in search.
Time will tell if there is any advantage to have excusive files. I will manage both accounts at least 6 months and see what happens.
It's the same for me. Exclusive clips take longer to get reviews, and I have not had any sales. Perhaps my port is too small. I also only have a few dozen clips.
156
« on: May 26, 2019, 12:02 »
While I agree that the costs is an important part of any litigation decisions, the topic is if an agency is pursuing an infringer, do we get a cut?
I thank those who have answered this question. For instance, I now know Alamy and SS may give the contributor some compensation. That's good to hear.
My situation is not really relevant, because the image has never been a part of the microstock business.
157
« on: May 25, 2019, 12:07 »
This is how I see it when assessing if a legal action should be taken:
1. Have an open mind, don't assume anything, because you just don't know.
2. If you don't see value in your work and protect your rights, then who cares?
3. If a theft is not dealt with, there will be more thefts. Remember it can happen to you too.
As to the costs and so on, that's between me and my lawyer.
158
« on: May 25, 2019, 11:57 »
Suppose a photographer reported a copyright infringement to his photo to a stock photo agency, the agency's lawyer went after the infringer, and the agency was later awarded $1 million as damages by the court.
What will the photographer's cut be?
It will depend on the T&C of each agency.
For example: Alamy's contract says,
"16.2.1. If Alamy takes action Alamy may (but shall not be obliged to):
16.2.2. make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. A percentage, equal to the applicable commission rate for that Image, of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.
16.2.3. If you take action then Alamy's sole obligations shall be to at your request and cost, provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy's discretion providing and securing the costs of Alamy's legal and other advisers.
16.3. You agree that where Alamy incurs legal and/or other specific costs relating to an outstanding amount owed by a Customer then these costs will be recouped by Alamy first before accounting to you. ..."
I thought iS's contract said something similar, but when trying to find it just now, I might have skimmed over it (or maybe I was wrong, or maybe it has gone from the current contract).
I always admire you for being an excellent researcher!  Thank you so much!
159
« on: May 24, 2019, 10:38 »
No, I have never submitted the image to any agencies. It is only available on my own site as prints.
160
« on: May 24, 2019, 10:36 »
I think how much I get is not important. Maybe someone will get a million or more. You never know.
It's important that we are aware of our rights. If you don't care, that's ok with me.
I am not seeking advice. The information is shared with the community for those who want to preserve their rights.
161
« on: May 24, 2019, 10:07 »
How much I am spending on legal fees is a different matter, and irrelevant to this topic.
The issue is, if an agency is able to get damages through the court, will a contributor benefit from the litigation?
This issue is important because many of the contributors will likely encounter the situation during our career.
162
« on: May 24, 2019, 09:32 »
It's not a hypothetical situation at all.
One of my images, which has never been uploaded to any stock photo agencies fortunately, has been used extensively for promotional purposes by a company.
Will pursue the infringer through a lawyer.
Had I uploaded the image to any agencies, I would not be able to determined if it is a legal use. If the agency recovers any money, I wonder if I would get any cuts.
163
« on: May 23, 2019, 23:23 »
Suppose a photographer reported a copyright infringement to his photo to a stock photo agency, the agency's lawyer went after the infringer, and the agency was later awarded $1 million as damages by the court.
What will the photographer's cut be?
164
« on: May 17, 2019, 12:15 »
Income has nosedived.
Haven't sold anything through my exclusive account. Strangely, it takes longer for my exclusive clips to get reviewed.
165
« on: May 09, 2019, 09:47 »
Deleted.
The payment has arrived.
166
« on: April 24, 2019, 08:48 »
Not yet.
167
« on: March 25, 2019, 12:48 »
Kevin, it's great that you can give them our feedback. I suggest that we ask to set a term (duration) of the exclusive agreement during which all terms and conditions (in particular the % of our respective shares) cannot be changed. Just emailed this to Pond5 support and cc'd CEO Jason Teichman at [email protected]
Pond5 decision-makers,
As a long-time contributor to Pond5, I am writing in anger that you are cutting our profit share of non-exclusive sales by a massive 20%. Pond5 attracted artists in large part because it offered a fair 50/50 split, and now youre lightly dropping that as not competitive. Let me ask, is management also taking a pay cut to stay competitive? Do you hire employees and tell them, Work hard, do great, and maybe in a few years well cut your pay by 20%? You chose to take a huge amount of earnings away from the content creators in an effort to squeeze them into working for you exclusively. That is an incredible betrayal. On a basic human level you should be ashamed of your actions and greed.
Pond5 has repeatedly spoken against a race to the bottom in pricing. But by cutting artist pay, youre pushing a race to the bottom in how much artists are compensated for their own work. Did you really think it would be more acceptable because you simultaneously launched the 60/40 exclusivity offer? We see the earnings cut for what it is - a profit-grab out of the pockets of artists and an attempt to push contributors into exclusivity by making non-exclusivity less profitable. But for most contributors exclusivity would not cover the loss from leaving other sites, and so your greed is just part of a slow, inevitable disincentive for artists to create good work. Why would I sign exclusively with a company that betrays its contributors on the very day it launches the exclusivity program? You've just proven that contributors can't trust you to maintain commissions.
I received a personal response from CEO Jason Teichman, and we will have a phone conversation soon to discuss the matter. If you would like me to ask certain questions to him or make a certain point beyond what I've expressed above, please let me know.
168
« on: March 22, 2019, 17:02 »
That's better.
I will give it a try.
169
« on: March 21, 2019, 13:52 »
And not very motivating either.
170
« on: March 21, 2019, 13:02 »
If they are sincere and truly want exclusive contents, they should allow contents exclusive.
Otherwise, it is just a pretense to cut artist's shares.
171
« on: March 21, 2019, 11:59 »
So for most existing contributors, we are getting an immediate reduction in our earnings no matter if we go exclusive or not.
If we go exclusive, we have to delete our clips from other agencies (waste of time) and suffer from loss of immediate sales.
If we don't, our share goes down from 50% to 40%.
Does not sound good!
Plus, given that agencies change their policies unilaterally and arbitrarily all the time, we will have risk too much if we go artist exclusive. This program may be only good for someone who has just started out.
172
« on: March 21, 2019, 11:46 »
Do they allow content exclusive?
No. It's a video exclusive artist program.
But for some who have thousands of video clips with other agencies, is it realistic? Because we are getting an immediate decrease in income, while the exclusive income increases will not offset the losses, at least not for a while. Let's ask them for contents exclusive. I have already sent an email.
173
« on: March 21, 2019, 11:38 »
Do they allow content exclusive?
174
« on: February 22, 2019, 19:04 »
Is it possible that only people with over 1000 clips are selected?
Just a guess.
175
« on: February 20, 2019, 14:08 »
I also got this email.
Anyone who does not belong to the selected few?
Pages: 1 2 3 4 5 6 [7] 8 9 10 11 12 ... 14
|
Sponsors
Microstock Poll Results
Sponsors
|
Show Posts
