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Topics - unnonimus

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26
what does it mean for a person to be recognizable by his clothing?

This rule is widely misunderstood in the stock community but I am going to explain it to you.

First of all, when it comes to model releases and 'likeness', most federal governments do not have laws that stipulate a requirement for model release forms. In the US, at the federal level, this requirement would fall under case law. In most countries, you can film people in the general public view without their permission. In the US, each state will have different laws.

However, depending on how the photo is used, you might violate a law (editorial vs commercial). i

As an example, you have probably heard stories where someone takes a day off from work (to attend a concert or sporting event), and they get caught by their employer because they end up having their photo appear on the front page of a newspaper. the newspaper does not need a model release form because it is being used for editorial purposes.

For commercial purposes, you usually need the person's permission to appear in an ad.

However, sometimes you will have people in the photo or video whose face is not shown but are recognizable due to their clothing. What does this mean?

Some people can be recognized by their clothing, by the general public. Some examples are Michael Jackson, Larry Bird, Liberace, Kareem Abdul Jabar, Elvis, Punky Brewster, etc. meaning that if you completely obscure their face, you can still recognize the person because their clothing has become part of their identity.

Most people cannot be recognized by their clothing by the general public. Even if you can prove that you are the person in the photo, you would have to prove that the general public recognizes you. The general public is not your friends or family or people that know you intimately, the general public is everybody else. That means that complete strangers would have to be able to look at your clothing in the photo, not see your face, and say "that person is John Smith" and be right, solely based on viewing the photo. If they cannot do that, then the model cannot be recognized due to his clothing. since your model or actor is not known to the general public, you do not need model release forms simply because a portion of their clothing appears in a photo or video, as determined by federal case laws in the US in regards to likeness.

People that can be recognized by their clothing are always going to be celebrities or otherwise famous people, and must be known by the general public. The average model does not fall under this category.

99.9% of people in stock photos cannot be identified by their clothing.

self-identifying yourself in a photo does not grant you any rights.
--------------------------------------------
these people can be identified by their clothes. if we do not see their face, we still need their permission because their clothing has become part of their identity:


this group of people are dressing like Kiss, but they cannot be identified by their clothes because their clothing has not become part of their identity:

-------------------------------------------
elvis presley can be recognized by his clothes, even without his face we know who it is:


this is an elvis impersonator. if his face is removed, we do not know who he is simply based on his clothes:


--------------------------------------------
Can be recognized by his clothes, as they have become part of his identity, we still recognize him even without his face:

Cannot be recognized by his clothes. he isn't famous or well known. his clothing is not part of his identity, even if he can self-identify himself. no model release form necessary by the laws of most countries:

this person's clothes do not identify him:

----------------------------
can be recognized by his clothes as they have become part of his identity:

cannot be recognized by his clothes, no model release form is required by law. his clothing might be the same as Larry Bird, but clearly it is not larry bird. his ability to self-identify himself does not grant him any legal rights. the general public does not recognize him based on his clothes:

------------------------
can be identified by his clothing as it has become part of his identity:


cannot be identified by his clothing:

------------------------
can be identified by his clothing (Gabriel Iglasies) because his clothing has become part of his identity. if we remove his face we still know who it is:




cannot be identified by his clothing. if we remove the face we do not know who the person is:

-----------------------

can be identified by his clothing (flava flav):


-------------------------------------
michael jackson can be identified by his clothes, as his clothes have become part of his identity:



jamie foxx cannot be identified by his clothes even if he wears the same glove. if we remove the face, we do not know who the person is:


---------------------------------


liberace can be identified by his clothes:


this person (barack obama) cannot be identified by his clothes. if we remove the face, we do not know who the person is based on his clothes:


this person cannot be identified by his clothes. he could be any of millions of people. being able to self-identify himself is not a right protected by law. even if the person could be identified somehow, the image does not require a model release form because the general public cannot identify the person simply by viewing the photo according to the laws of most/all countries:


this person's clothes are not a part of his identity. no model release form is necessary by the laws of most countries. even if he can self-identify himself, it does not grant him any rights, because the general public cannot identify the person simply by viewing the clothes in the photo:


stock agencies that are rejected images based on someone's ability to self-identify himself are doing so wrongfully, and are not based on any federal or state laws.

27
Cameras / Lenses / which lens do I buy?
« on: May 21, 2018, 08:30 »
I have an APS-C camera, and I shoot using a 200mm lens.

if I buy a full frame camera, or a medium format camera, do I still buy a 200mm lens, or do I buy a different lens? if different, which lens size would I buy for each sensor?

thanks

28
Cameras / Lenses / Pentax 645z opinions?
« on: May 20, 2018, 23:10 »
Anyone have any opinions on the Pentax 645z for portrait photography? or if there is a similarly priced camera that is an alternative option?

29
I am currently shooting with an APS-C camera. I am going to buy a new camera, full frame or medium format.

does anyone have any experience or knowledge as to whether medium format images earn more money on stock photo web sites as compared to APS-C or full frame?

keep in mind my best selling images right now are on a 1" sensor at 8mp, and I just started doing photography 1.5 years ago. does anyone have any longer term sales numbers to compare sensor sizes?

30
iStockPhoto.com / exif image date not matching release form date
« on: February 04, 2018, 06:00 »
I am having a problem with rejections on istock whereby the exif data date does not match the date the form was signed.

the problem is that there are 4 date fields in the exif data, and 3 of them are correct and match the date the form was signed, but 1 date is different and shows a later date, presumably the day I recreated the file or edited it with software. istock is only reading the 1 wrong exif field, and ignores all the correct exif fields.

is anyone else having this problem, and how did you solve it?

31
I had 50 to 100 images approved and only 1 showed up in the catalog manager, and the one that showed up was submitted after the others were approved, and I am seeing intermittent results the past 24 hours. 99% of approved images are not showing up in the catalog manager, or under Active Images.

32
VideoBlocks / csv upload not working?
« on: November 22, 2017, 21:30 »
recently my csv uploads have not been working on Storyblocks. anyone else having the same problem?

33
General Stock Discussion / are board games copyrighted???
« on: October 31, 2017, 16:27 »
"Seton Hall Journal of Sports and Entertainment Law"
http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1043&context=sports_entertainment

page 242:
"To his surprise, however, his attorney seems reticent. When he asks his attorney why, she explains that board games are not copyrightable,"

"Explaining to those creators why their games are not copyrightable is difficult. "

page 243:
"The noncopyrightable nature of board games appears generally accepted as black letter copyright law"

page 244:
"the game itselfthe manner of play, the way the game proceeds, the very heart of the gameappears to be unprotectable."

34
Photo Critique / portfolio critique wanted for photos
« on: October 02, 2017, 17:30 »
I would like comments for my portfolio of photos.

https://www.shutterstock.com/g/dtiberio?language=en

thankyou

35
iStockPhoto.com / easiest way to disambiguate?
« on: May 11, 2017, 05:30 »
I have tried deepmeta and qhero and stocksubmitter.

can anyone recommend a software program or servide that makes the disambiguation process the easiest?

thanks

36
DepositPhotos / rejection rate for photos
« on: April 20, 2017, 01:06 »
DP approves most of my video. for photos, I have some success but otherwise they do mass rejections, like 90% or more of my work. their reasons often don't make sense.
 
I started out good but the last week or so I have been getting these mass rejections. for example, they will say an image is too similar to another but it will be a unique image.
 
sometimes they approve my older work that is not good, and reject my better work

37
I had a model release form that was rejected because Shutterstock says that it has 2 different ink colors on the form, which to them means that the witness signed it on a different day than anyone else (which is of course not true). he just used a different pen on the same day.


38
Many of the stock agencies, including istock, alamy, and shutterstock, are completely wrong about what it means to be 'editorial'.

Copyright law (in the US) has something called "Fair Use". it is in the actual copyright code. there are 4 types of fair use, one of which is "commentary".

What stock agencies call 'editorial' according to copyright law is actually 'commentary'.

Examples of 'commentary' are news outlets, blogs, etc. Non-advertising. Using images and talking about what is in the image, or using the image to support a news story or other commentary. They are not advertising products or services, they are discussing something.

Fair Use / Commentary / Editorial is based on usage, not on sales. That means whether something is Fair Use or editorial is 100% dependent on the person using it in presentation to the general public (such as in advertising or in a news story or blog post). Selling on a stock agency web site is not 'use' of the image to the general public.

Stock agencies cannot legally make a determination if something is "Fair Use" (editorial) or not. Only a court of law, such as the US Supreme Court, can make that determination.

News media outlets always do commentary or editorial (with exception of their advertising, which is separate). any use by news media outlets is Fair Use / editorial. to a news media outlet, or a blog poster, or a documentary, all stock images and videos are 'editorial'. they don't need release forms according to US copyright law, although they often ask for them when they can. but they don't need to.

Advertisers don't always need release forms. they can blur content that they do not have release forms for, for example, and legally use any image in advertising. they can use content with logos as long as they are not claiming to be the company with the logo. remember the pepsi / coke commercials where they show a coke machine next to a pepsi machine, do you think they gave each other permission to use their logos in a competitors ads? they didn't because it is not necessary to have permission to use someone else's logo unless you claim to be that company. upheld by Daniel Moore vs U of Alabama.

Stock agencies should have done the following:
- put all images online without categorizing them as 'editorial' or 'non editorial'
- with each image, list whether or not release forms are provided for models, property, etc
- allow the buyer / user to decide if he needs the release forms

again, copyrights can only be infringed by usage (presenting to the general public). selling on stock agency sites is not usage to the general public (even if the general public can see it).

stock agencies are 100% wrong when they claim that an image is to be for editorial use only or otherwise. they are not legally permitted to make that determination because they have no idea how the content is going to be used by the buyer. that is why each company has different policies, because they are wrong, and they copy from each other and perpetuate incorrect beliefs.



39
Pond5 / new model release form with 2 witnesses???
« on: March 28, 2017, 19:06 »
there is a new model release form for pond5.

there are 2 spaces for witness and witness signature, on both the adult and minor release

makes no sense.

40
Shutterstock.com / video submission bug just today
« on: March 12, 2017, 02:32 »
I am seeing a possible new bug, where by videos I submitted a few days ago are back in the unedited queue. the thumbnails are not showing.

either this is a bug, or they moved pending videos back into the unedited queue.


41
Shutterstock.com / approval of images slowdown?
« on: March 01, 2017, 02:22 »
for many months, my photos have been approved at shutterstock within 24 hours.

then recently, SS rejected a batch of about 100 photos claiming they were out of focus (they were not). these photos were part of 400, sent to them in random order, and the other 300 were accepted already and are selling.

after that day, SS is no longer approving my photos within 24 hours.

any ideas or comments?

I was wondering if others have had a slowdown in their approval times recently or if it is just me.

thanks

42
DepositPhotos / HD 1080 video sold, .32 commission (32 cents)
« on: February 21, 2017, 17:31 »
   Feb.21, 2017   1080   On Demand   $0.32   $0 (0%)   $0.32

I had a sale today on depositphotos for a 1920x1080 HD video for 32 cents.

43
There are 3 forms of intellectual property that can be registered (in the US):

1. Copyrights

2. Trademarks

3. Patents

There are no other forms of intellectual property that can be registered in the US.

-------------------------------------------------------------------------------------------------------
Copyrights protect creative works, such as photos, art, and literature.

You cannot copyright a trademark. The USPTO will deny copyright protection to trademarks, logos, and patents.
"Copyright does not protect names, titles, slogans, or short phrases"
https://www.copyright.gov/help/faq/faq-protect.html#title

Copyrights do not take into account the method by which they were created.

Copyrights are owned by the person who created the work, or if a work for hire, by the producer of the project. if you own the equipment, paid for the session, made the creative decisions regarding the work, then the owner is you and not the person who clicks the button on the camera. the copyright office specifically states that the copyrights are transferred immediately upon creation to the producer if someone else operates the equipment, and the equipment operator is not to be mentioned on the copyright filing forms, only the creative producer who made the decision to engage in the photo session.

The WIPO and the Bern Convention are the 2 major international treaties regarding copyrights. If you have a
copyright filed in 1 country, you are eligible to file copyrights and receive protection in the signatory
countries.

You can download and read a copyright filing form from copyright.gov to see what information is required when
filing a copyright, and what it protects.

You can file a copyright for a collection of multiple creative works.

-----
According to Circular #41, https://www.copyright.gov/circs/circ41.pdf, you cannot copyright:

Buildings ... that were constructed, or whose plans or drawings were published,
before December 1, 1990


Structures other than buildings, such as bridges, cloverleafs, dams, walkways,
tents, recreational vehicles, mobile homes, and boats

---

The following cannot be copyrighted and have no copyright protection:

The Empire State Building (built before 1990)
The Chrysler Building (built before 1990)
most buildings in the US
cruise ships
architectural designs such as windows, doors, roofs, (architecture based on utility or function) etc
most physical objects cannot be copyrighted except for art such as sculpture

"Copyright law protects the original photograph, not the subject of the photograph. "
https://www.copyright.gov/help/faq/faq-protect.html#title

---

Copyright is regulated by the DMCA and by Fair Use.

According to the DMCA, web sites are not liable for copyright infringement if they follow the
procedures of the Safe Harbor
clause and have a designated agent on file with the copyright office.

---

section 107 of the Copyright Act

Fair Use: https://www.copyright.gov/fair-use/more-info.html

Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes

Nature of the copyrighted work

Amount and substantiality of the portion used in relation to the copyrighted work as a whole

Effect of the use upon the potential market for or value of the copyrighted work


Almost all stock photography falls under this clause of Fair Use:
"Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work."

For example you can drive a car, but you cannot drive a photograph of a car, so a photograph of a car cannot infringe on a copyright of that car's design. a photo of a car cannot substitute for the original use of a car.

---

Explained on the US Copyright web site: "a description of a machine could be copyrighted, but this would only prevent others from copying the description.
it would not prevent others from writing a description of their own or from making and using the machine."
https://www.uspto.gov/learning-and-resources/trademark-faqs#1931

---
Editorial Use, etc.

There is no copyright law regarding editorial use, model release forms, or property release forms.

---

the photo of a monkey taking a photo of itself is copyrighted and not public domain. a copyright was filed with the UK government and approved,
and according to the Bern Convention, is valid in the US

---
Sony Corp. of America v. Universal City Studios, Inc.
"The Court explains that a manufacturer of a product is not liable for contributory infringement as long as the product is "capable of substantial noninfringing uses"

Stock media has substantial noninfringing uses and therefor is not copyright infringement (such as the use of stock photography on blogs for commentary purposes). if your photo can be used on a blog and someone can have a discussion related to the photo, it is 100% Fair Use, 100% legal, and 100% non-infringing, and is legal for sale. if your photo has logos, trademarks, copyrighted works, and can be used on a blog and commented on in some way, then it is not infringing and falls under Fair Use.

---

copyright law has to do with perception made by the general public.  people who buy stock photos are not the general public, they are industry insiders. you cannot violate copyright laws by selling a photo to an industry insider including the media, graphics designers, ad agencies, stock agencies, etc. infringement only occurs based on the perception of the general public, when they see the image in advertising and marketing. selling stock photos on stock media web sites is not advertising or marketing to the general public.

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TRADEMARKS

Trademarks identify sources of goods or services, such as company names, brand names, and product names.

you cannot copyright a trademark.

you cannot trademark a physical object such as a building, sign, car, or other product.

you can only trademark the name of the product or service or provider/manufacturer (source).

in the court case Daniel Moore vs University of Alabama, the courts upheld the photographer could sell photos
containing logos without the permission of the trademark owner.


Andy Warhol famously painted logos and trademarks without infringement or lawsuit.

you can sell stock photos of trademarks and logos, and photos that contan trademarks and logos, without
infringing on trademarks or copyrights, and profit from it, according to US trademark law.

trademarks must be filed for specific classes of commerce. for example, Ford files its trademark for "Manufacture of Automobiles"
and it is only valid for automobile manufacturing. this permits other businesses to us ethe Ford trademark, such as
Ric Ford, Ford Theater, etc.
Sample Ford trademark classification: IC 012. US 019 021 023 031 035 044. G & S: Motorized golf carts. It only protects their trademark
in the industry of Motorized Golf Carts, for this specific registration. it does not prohibit you from selling photos of Ford motorized golf carts as explained
under Fair Use, it only prohibits other golf cart manufacturers from using the Ford name on their own golf carts.

Apple ran into trademark problems because it was selling music online while Apple Records held
a trademark for music using the Apple name, they were in the same trademark classification, and Apple Music had substantial
tradmark rights and protection.

photographers never have to worry about trademarks. trademark infringement can only be made by people using trademarks
in commerce to identify the source of their goods or services
. photographers are making creative works and are not
using trademarks in commerce.

-------------------------------------------------------------------------------------------------------

What I have discovered in years of researching copyrights and trademarks:

- sporting events cannot be copyrighted. you are free to film sporting events and sell the videos according to
US law. See NBA v. Motorola, Inc., 105 F.3d 841 (2d Cir. N.Y. 1997) I contacted the US copyright office by email and this is what they said:
"The sport itself the game being played is not protected by copyright." source: an email response from [email protected]

- the Hollywood Sign is not protected by trademark or copyright. physical objects (except sculpture) cannot be trademarked or copyrighted. the Hollywood sign is a sign denoting the neighborhood made by a housing developer. anything made for a utilitarian or functional purpose is not a creative work and cannot be copyrighted.

the Hollywood Sign is a public landmark owned by the State of California, and through legislation, they have granted the
Hollywood Chamber of Commerce the rights to the grounds surrounding the sign. The Hollywood Chamber of Commerce does
not own the sign, they have attempted to file many trademarks for the sign with the US Patent and Trademark Office all
of which have failed
, and only have trademarks for gift items and imprints on gift bags for the 'hollywood' sign. I contacted
their attorneys ([email protected]) and here is what they said:
"your statement that these registrations somehow preclude you from exploiting your rights as a photographer of the Sign couldn't be further from the truth.", which means that the Hollywood Chamber of Commerce attorneys have stated to me that i may sell photos of the Hollywood sign if I wish without their permission and without paying them any fees. The Hollywood Sign is an architectural structure built before 1990 and is not eligible for copyright protection. See Circular 41. 2 41.0912.

- Buildings such as the Empire State Building are not protected by trademarks or copyrights. There is no registered trademark on USPTO.gov owned by the owners of the Empire State Building for the building itself (they have 3 registrations for real estate services and events). The same is true for other alleged protected objects such as the Chrysler Building or cruise ships. See Circular 41. 2 41.0912.

- Cruise Ships (including Carnaval Cruise Lines) are not protected by copyrights or trademarks See Circular 41. 2 41.0912.

- Photographers can legally sell anything that is not expressly prohibited by law (child pornography and filming in a person's private residence without their knowledge)

- stock agencies, their customer service, curators, and management, do not understand copyright and trademark law.

- you can take photographs of lights shows and sell them without infringing the copyright of the light show, as explained under Fair Use Copyright Law. "Copyright law does not protect sightings. However, copyright law will protect your photo (or other depiction) of your sighting" https://www.copyright.gov/help/faq/faq-protect.html#title

- if someone puts up a sign, or has a no photography policy on their premises, they have absolutely no legal bearing and you as a photographer
are under no obligation to follow anyone's photography rules even if you paid for a ticket, etc, with the exception of photography prohibited
by property owned by the US government such as military facilities. there is no federal law that says you have to abide by a sign posted by a private party or individual.

- they are virtually no lawsuits against photographers or stock media agencies listed in online case search web sites regarding copyright infringement.

- the news media and corporations portray copyright law as if copyright owners have 100% of the rights and photographers have 0% of the rights,
but it is not true.

- the long list of 'copyrighted' or 'trademarked' materials found on stock media web sites are almost all legal to photograph and resell as royalty-free stock.
the lists are not accurate and do not reflect US copyright and trademark law.

- most of the major countries have similar copyright and trademark laws. some have none because they do not have media companies.

- in most countries, anything made by the government is owned by the general public and cannot be copyrighted or trademarked. there are organizations in the US government who claim they have copyrighted or trademarked material but it is a violation of US laws and is not permitted and is not true if it is paid for with taxpayer money.

-------------------------------------------------------------------------------------------------------

the concept of Fair Use in regards to copyrights is US federal law as explained above. it is not someone's personal opinion.

do not use general knowledge, the news media, forums, customer support, corporations, stock media agencies, cease and desist letters as
replacements for copyright or trademark law. the only valid source for copyright and trademark law is the US government. most copyright
lawyers will repeat what I have said, you have more rights than the media (and 'common knowledge') leads you to believe

almost all copyright infringement risk and trademark risk, in the stock media industry, is the responsibility of the buyer of the
media and how he uses it. photographers and stock media agencies have almost 0 liability, with the exception of a person directly
copying the creative work of another (such as photographing another photograph).

if someone claims they have a registered trademark, search for it on uspto.gov. it must say 'live' and the classification must be for the exact product or service claimed. if they do not have a trademark listed as live, they do not have a trademark. and the classification has to match, and it won't affect stock photography anyway because trademarks cannot be registered for creative works.

the Hollywood Chamber of Commerce's trademark for the Hollywood logo on paper bags only prevents other people from making paper bags with the Hollywood logo on it. It does not prevent you from selling stock photography of the Hollywood sign.

being able to 'self identify yourself' in a photo does not grant you any rights whatsoever. being able to prove you are a person in a photo does not grant you any rights. you only have rights of likeness if the general public can identify you in the photo and that you are a prominent or substantial portion of the photo. a person would not have to prove in court that they were the person in the photo, but they would have to prove that the general public would recognize that they are the person in the photo. if it could have been another person, whether it is true or not, the actual person has no rights.

a person who can be identified by his clothing would be someone such as Michael Jackson, a sports athlete with his uniform, Liberace, or Elvis. Their clothing is famous enough that their clothing is linked to the person. The average person cannot be identified by their clothing. the average person does not wear special clothing that has become famous and associated with themselves as a person to the general public. agencies that claim that people  are being identified by their clothing are often doing so completely wrongfully with a complete lack of understanding of the law. being identified by your clothing, for legal purposes, means that the general public has to be able to recognize the clothing and associate it with a famous person. if they cannot do that, then there is no infringement.

if it were true that products (such as clothing and automobiles) have protected copyrighted designs in regards to stock photography, then you would not legally be able to sell photos of any man made product including clothing, toys, furniture, interiors, exteriors, all manufactured goods, etc,  you would only be able to sell photos of nature and naked people, which is clearly not the case.

 anything that is a functional purpose cannot be copyrighted such as windows, door locks, phone headsets, tires, remote controls, sunglasses, because copyrights only cover creative works and not anything that people use out of necessity. their copyrights protect them from other competing manufacturers and do not prevent you from selling photos of their copyrighted designs, as explained under Fair Use (photos cannot substitute for the use of original product)

companies will lie and claim they have copyrights and trademarks that they really don't have.

companies are taking advantage of the fact that defending lawsuits is expensive, and by doing so, are denying you your rights.

model release forms are important because if your work becomes popular, models will lie and claim that they were verbally promised a portion of the royalties even though they may not have been. if the model becomes famous, he may demand you take the work down because he feels you should not profit from his fame.

if you take a photo of a logo or trademark, you own the copyright to your photo because you made the creative decision as to how to film the logo or trademark. no on else can claim copyright ownership of your creative work, no matter what the content is.

a photo that contains a painting on a wall as part of the scene is not infringing because the photo does not prevent the general public from enjoying the original artwork (as explained in Fair Use). the same is true for ads that appear in photos.

copyrights can be searched at copyright.gov but are no longer required to be registered in the US.

instead of marking stock media as 'royalty free' or 'editorial', stock media should be marked as 'including release forms' or 'not including release forms', and the buyer should make the decision on his own as to whether his use may be infringing. this solves the problem.

only a federal court of law can make a decision as to whether someone's rights have been infringed.

the only proof that the US government recognizes that you are the owner of a creative work is a copyright filing registered with the US copyright office.

the Safe Harbor provision of the DMCA proves that there is no liability when you upload any photo to a stock media agency in regards to copyright infringement. in other words, any web site that tells you that there is a potential copyright infringement or liability in regards to your work is not abiding by the Safe Harbor provisions of the DMCA, which specifically states that web sites such as stock media agencies cannot be sued as long as they follow the procedures outlined by the DMCA in Section 512(c).

when I had a question regarding copyrights, I sent an email to the copyright.gov contact address and they answered my questions promptly and informatively, and they clarified the copyright laws. you can do the same. they publish circulars every few years where they discuss copyright law and changes.

Your photo is your creative work and you have the right to sell it. From the US Copyright Office: "Copyright law does not protect sightings. However, copyright law will protect your photo (or other depiction) of your sighting".
https://www.copyright.gov/help/faq/faq-protect.html#title

Your rights as a photographer have been taken away from you by people and companies that are ignorant of the laws.

44
I film often in bright sunlight. you can see the colors of clothing reflected off of people's faces.

I want to buy a new camera. what should I look for in a camera in order to make sure it does the best job in regards to filming in bright sunlight?

I read that high ISO is important. would it be true to buy the camera with the highest ISO range?

I currently use the SONY FDR AX100.

any advice is appreciated.

45
Photo Critique / what is my photo/portfolio worth?
« on: December 11, 2016, 17:27 »
I just started selling photos about 3 weeks ago. I was wondering if you can give me an idea of how much I will make with it, only on shutterstock (other sites have not approved my work yet so they are not for sale)

My best selling photo sold 3 times on shutterstock (in the first 2 days) for 38 cents per sale.
http://www.shutterstock.com/pic.mhtml?id=519838123

How much is this photo going to earn me in the long run?

in 3 weeks, my entire SS portfolio has earned me about $20. every sale was for 38 cents. how much might I expect to earn with my existing portfolio in 1 year, or monthly, or for its lifetime? how many years do images sell for?

thanks

46
General Stock Discussion / how to set IPTC title?
« on: December 08, 2016, 06:16 »
I have been having problems setting the correct IPTC title. most sites are not reading my IPTC data properly for the title. these are the fields I am setting for each file:

Image Description               : Pretty Teen Girl Smiling
User Comment                    : Pretty Teen Girl Smiling
Caption                         : Pretty Teen Girl Smiling
Label                           : Pretty Teen Girl Smiling
Description                     : Pretty Teen Girl Smiling
Title                           : Pretty Teen Girl Smiling
Keywords                        : adolescent, adorable, appearance, attractive, beautiful, beauty, child, childhood, children, cute, female, girl, happiness, happy, joy, joyful, juvenile, kid, kids, minor, people, person, pretty, smile, smiling, teen, teenager, teens, young, youngster, youth
Headline                        : Pretty Teen Girl Smiling
Caption-Abstract                : Pretty Teen Girl Smiling

can you please tell me which field needs to be set for the title to be read by most sites? thanks

47
General Stock Discussion / kozzi out of business??
« on: July 26, 2016, 15:24 »
a few days ago, maybe yesterday, kozzi was working, now they seem to have pulled stock searches and the contributor url is a 404 error.

48
General Stock Discussion / PRORES vs H.264 Tested
« on: June 09, 2016, 01:46 »
I wanted to know which codec is the best, so I wrote a program that does a pixel by pixel comparison of an input video and an output video, converted using various codecs and quality settings.

In this test, I tested H.264, MJPEG, MPEG4, and PRORES.

Results:

QUALITY TEST: H.264 and PRORES are about equal when the original encoder is Lavf56.1.0. About 12.4% of pixels were altered when using the highest quality settings (for H.264 I used the 2nd highest quality setting). The difference in color of each modified pixel was minimal with both codecs.

FILE SIZE: H.264 increased the original file size by a factor of 4.73. PRORES was 81.37 times larger than the original file size.

RESULTS: H.264 and PRORES rendered at similar quality, but H.264 has superior compression, 40x better than PRORES.

I will show results for other encoders and codecs once the testing finishes processing.


ffmpeg -y -loglevel panic -i 'video/2012-01-01-dirt-bike-racing/01225.mp4' -vcodec libx264 -vpre veryslow -crf 1 '/tmp/out2.mov' > /dev/null 2>&1
Lavf56.1.0      libx264  43,013,139     4.73    2       1       tiff    3,526   256,970 0.124

avconv -y -loglevel quiet -i 'video/2012-01-01-dirt-bike-racing/01225.mp4' -c:v mjpeg  -an '/tmp/out2.mov' > /dev/null 2>&1
Lavf56.1.0      mjpeg    63,567,788     6.98    1       1       tiff    36,807  877,614 0.423

avconv -y -loglevel quiet -i 'video/2012-01-01-dirt-bike-racing/01225.mp4' -c:v mpeg4 -qscale 1 -mbd rd -flags +mv4+aic -trellis 2 -cmp 2 -subcmp 2 -g 300 -an '/tmp/out2.mov' > /dev/null 2>&1
Lavf56.1.0      mpeg4    54,680,471     6.01    1       1       tiff    7,078   492,330 0.237

avconv -y -loglevel quiet -i 'video/2012-01-01-dirt-bike-racing/01225.mp4' -c:v prores -qscale 1 -profile:v 3 -an '/tmp/out2.mov' > /dev/null 2>&1
Lavf56.1.0      prores  740,580,696     81.37   3       1       tiff    1,736   257,918 0.124

The columns of the results are: original encoder, output codec, new file size, ratio of file size compared to original, profile, qscale, image frame file format, difference in pixels affected, total number of pixels affected, and ratio of pixels affected.

49
The short story as to why Dissolve closed my account is because I discovered that they were penalizing me in the search results. ALL of my videos came up dead last in search results. They removed my videos from search to prevent people from discovering what they were doing, after I publically posted it. Luckily I made screenshots and saved copies.

They penalized me in search results after a long long history of retaliating against me to try and make my videos unsellable. They were claiming that my portfolio was unsellable to try to force me to change my titles, but it was because they were penalizing me in search results. THEY DO THIS TO OTHER CONTRIBUTORS ALSO.

The fact remains that even they they complained about my titles being too short, THEY APPROVED THEM.

1. they complained about me having non-narrative titles

2. I changed the titles that they asked me to

3. they refused to review them

4. I wrote short narrative titles for new footage

5. they refused to review them for 8 months

6. I complained that my videos have been unreviewed for 8 months. they ignored me

7. I complained a second time, 2 weeks later, and they started reviewing some videos

8. 2 months later they claimed my videos don't sell because of my metadata, even though they were only online for 2 months

9. they banded me from uploading new content. they told me they would not review existing uploads until 2017

10. they said they would monitor my sales

11. I noticed I was being penalized in search results. I mentioned this to them

12. they closed my account, citing that I released 'confidential information' about their company. I have no confidential information about their company and released no confidential information about their company.

my sales started out strong. but they plummeted once they started to refuse to review my content.

all this time, they ignored repeated requests to speak to them, or to speak to a manager, or to provide me with more specific information, etc. Aaron and Char both took responsibility for what was going on with my account.

it doesn't bother me that much about them closing my account, because they are refusing to sell my videos. even if they did not close my account, I am never going to have meaningful sales except for the period before they penalized me in search results.

other contributors need to know about what goes on with these types of companies. that is the purpose of the forum.

short titles is no reason to close someone's account, and contributors should not be responsible for Dissolve SEO.

50
iStockPhoto.com / analyzing prores codec - initial results
« on: May 27, 2016, 02:06 »
I have written a program to analyze the Prores codec.

There are 4 profiles for Prores, numerically 0,1,2 and 3. For example, HQ is profile 2.

Contrary to what people may believe, the lower quality profiles are similar in quality, when rendered, to the higher level profiles such as HQ.

I wrote a program that takes a video and converts it to Prores using each profile and each quantizer. I then increment each profile and quantizer, and check the number of pixels that have changed, and the amount of change in each pixel.

Although it is true that the higher level profiles such as HQ do affect less pixels with the lowest quantizer, the difference is actually very small. from 1 to 64 quantizers, the lower quality profile at quantizer 1 has a similar effect on pixel quality as the HQ profile at quantizer 4 (out of 64).

I will post complete results in the coming days or week.

In addition, I am going to do analytical comparisons between various codecs such as Prores, H264, and MPEG4 and will settle once and for all with codec is the best.

In the table below, the first value is profile 0 and the second is profile 2 (HQ). The quantizer is the 3rd column (a value from 1 to 64, 1 being the highest quality).  You can see that each one only affects about 1% of the total pixels in the 4K video. the first column is the file size.

134583819       0       1       968.1   54398   0.01
115283074       2       3       832.9   47968   0.01


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