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Messages - mindstorm

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276
you said: "I think you miss the point entirely. "

no, you are completely wrong.

the stock agencies have made up their own imaginary rules that are not supported by laws.

TOTALLY NOT RELEVANT.  They are a private business, not a government. They can make whatever rules they wish, as long as those rules do not violate the law.

You are pissing up the wrong tree, and appear more interesting in arguing than in helping anyone understand the actual environment into which we are all selling.  I am out of this "discussion," since you are now just acting the role of troll.

277
General Photography Discussion / Re: Wemark
« on: May 22, 2018, 01:10 »
In fact, if you uploaded images, then your ID WAS verified.  You were not able to upload until the ID was verified. 

I am pretty sure you have simply not had the tax info verified. As I said above, that won't happen until you earn enough to receive a payout, as stated pretty clearly on the home page.

278
General Photography Discussion / Re: Wemark
« on: May 22, 2018, 01:08 »
Are you sure your ID was not verified?  Mine was, about 48 hours or so after I applied.

They have not yet verified my tax info, but they state very clearly that they will not do that until you have sufficient sales for a payout.  Since they are not yet selling to the public, that has obviously not happened yet.

I can easily see why they would do that. Why bother spending the time and effort to validate tax info on those people that will never sell enough to receive a payout. This way it spreads out the effort, as photogs reach that level over a period of months, and they simply never bother on those that never reach the threshold (many of which will have never uploaded images after having their ID verified)

279
General Photography Discussion / Re: Wemark
« on: May 21, 2018, 13:18 »
They were gathering images prior to actually opening.  If I remember right, they said they expected to go live in June.

I'd wait until July before wondering much about them. 

I did go ahead and upload some images to give it a try, and those have not yet been reviewed.  Again, if I haven't heard from them by end of July, I'll contact them. Otherwise, stock is a long haul proposition. I don't worry about a week or two here and there...

280
You're less likely to get a big sale with them...over $50, but yes they do sell regularly, at least for me. I'd estimate that they're about 50% less valuable but they're also easier to submit and post-process. About half of my portfolio consist of editorials.

Some photographers do earn a living submitting editorial, mainly the breaking news types.

Yep, I was about to say the same, and note that these editorials account for about 50% of my revenue.  But mine are not "breaking news" images. Rather, street images taken during my travels.

We travel the world frequently (India, Dubai, New York already this year, Calif next month, then Namibia and Botswana in July. More still being planned).  I photograph mostly for my travel blog, but then I cull through those I think may also sell, and post them.  If there is a trademark involved, I might Photoshop it out first. If a face or recognizable car brand though, I just post as editorial.

Very rarely do those get the $30+ royalties, but they are daily 36 cents per download, adding up to $100 a month or so for the editorial.  (Yes, you can do the math, and my total sales are around $200/mo...)

281
Read reply #2. Says exactly what you quoted, in a lot fewer words.  ;)  Nowhere in my reply is there a thx.

It also reads as "just another opinion." No better or worse than all the rest. No reference to a source document to back up the assertion.

That is all I am trying to provide. An end to the bickering, by referencing the source. The company that the OP was asking about using.  I don't see how it can get any more objective and clear than that.  Not just me saying "No."  But ShutterStock directly and explicitly saying "no, not in any way shape or form" (OK, I paraphrased, but the actual quote is above... :) )

282
Exactly. See reply #1 and #2. Asked and answered, which the OP acknowledged in reply #4. The rest is just pontification. Or to start an argument. As usual.

Not to start (another) argument, but those were simple statements of 'no' and 'thx.'  The thread continued with others offering different opinions.  I don't think anyone actually went to the source (ShutterStock) and quoted their specific requirements though.

So, instead of just saying "no" (or erroneously, "maybe"), I am hoping this quote "from the source" will settle any question here. This is not an opinion. It is a legal quote.

And, before anyone jumps in with "but I got away with it," this is the rule SS uses.  Reviews are done by people, who do not always catch every violation.  Personally, I would not create a work that I knew up front was in violation, with the hope I might get away with it...

283
there is no such protection for being able to self identify yourself in a video or photo

I think you miss the point entirely.  It doesn't matter one whit what the law says, or what could be defended successfully in court if such a suit were drawn.  Each agency has the right to decide what will, and will not, be accepted.  iStock, in the specific case I described, chose not to accept it.  Basically they were (probably "are") very risk averse.

When they stand to make a small number of dollars from each image, why would they want to invite trouble by putting up an image that might result in a lawsuit costing 10's of thousands of $?  Remember, at the time of this story, the "editorial" setting did not exist.

Some agencies might be more lax, while others may be even more concerned.  I know that SS has frequently bounced images because they claim a property release is required. I resubmit as editorial, and they accept them.  That was not an option in 2007, when that Cabo balloon salesman image was submitted.

284
I don't know why this topic just goes on and on and on.  Just check with Shutterstock.  Specifically, look here:

   newbie:https://www.shutterstock.com/contributorsupport/articles/en_US/kbat02/000006623?l=en_US

It opens with this paragraph:

"Every image you upload to Shutterstock must be wholly owned by you. This includes any small element you may have used as part of an illustration or photo."

I think that settles it pretty clearly...  No, you cannot use a background from SS in another image and submit as your own. Period. I see no room for wiggles or questions.

285
My review of LRTimelapse, not only for day to night transitions, but also for all sort of timelapses
https://youtu.be/U5qlzvO04Mk

LOVE IT!  Thx!  Just getting seriously into time-lapse videos, and your short videos helped me get a quick start on them.

286
General Stock Discussion / Re: Photo model rights???
« on: May 17, 2018, 20:19 »
It's big problem cause we had about 10 shoots and one release. We are produced +10K photos and about 3000 videos. Model is well payed and is not only model on shootings. So, shootings are very expensive everything is pre-produced, costs  for locations, props, food, accommodation...

Model is making complain about very small part of recorded material bud agency want me to delete all materials that is not on date of signing model release.

Should I use services of lawyer and is anyone have experience with this?

I assume you have tried to negotiate with her on this?  In particular, getting her to agree to just taking down the images she is offended by?  Or possibly re-editing the images she does not like (assuming an edit will correct her issue)?  PITA, but better than losing the all 10K photos and 3000 videos.

Personally I doubt a lawyer would be a good option for you.  The agencies do not have to obey the result of any suit, and can still take down the images for any or no reason whatsoever. They don't want to get into a legal suit, and unless your model just caves, would probably counter-sue and include the agencies.  I do not know how the internal politics at agencies work, but I could easily see you blackballed from all future images if you drag them into a legal battle.

And, of course, bottom line.  Learn from this moving forward. If the shoot is really that complex, then it is a very small addition to make sure every model signs a release. 

A few years ago I read about a photographer (Denver, if I remember right), who set up a stock shoot in a theater with 300 models, all recruited via social media.  He paid them with a T-shirt (which was a prop in the shoot) and a free 8X10 of their choice from the shoot, plus a viewing of the movie being used as part of the shoot.  As the people lined up to enter the theater, an assistant had them sign a release, took their photo and entered the data into their iPhone app.  Nobody was allowed into the theater until they had completed that step...

287
VideoBlocks / Re: Payout Storyblock
« on: May 17, 2018, 15:16 »
... problem is that they take withholding sum for ALL files sold on their system, not just for sales made in USA like others... in my case, -30% on anything sold there...

Then complain to the US Federal Government, or IRS, whichever way you prefer to waste your time.  The companies have no option but to follow the tax laws of the country in which they do business.  Bitching here won't change that for that agency, or any other...

288
VideoBlocks / Re: Payout Storyblock
« on: May 17, 2018, 15:12 »
It's their way of getting your portion of "100%" payment. Misleading marketing to get as many contributors on their site.

Just because you are paranoid, don't spread such absolute tripe -- here or preferably anywhere else.  That is blatantly false, and you should either know that, or get a basic education before opening your mouth.

The invoice is completely legit.  First it shows your earnings.  It then shows the charge your credit card (or wire transfer, or whatever) charged the agency to get you the money.  If you don't like paying that, then you need to find another way of getting paid.  It makes sense that the agency is not going to pick that charge up.  I am going to Botswana in a couple months. The guide said I could pay by credit card, and add 2.5% (what the card charges them) extra, or wire transfer with no fee.  Same thing here.

The tax withholding is required by US law.  If your country does not have a tax treaty with the US, then they are required to withhold that, because you technically earned money in the US (where your agency resides).  At the end of the year, you will need to file a US tax return, showing (presumably) too low an income for US taxes, and the US Treasury will then refund your money. (The agency DOES NOT HAVE YOUR WITHHELD MONEY -- it goes to the IRS).

Again, if you don't like doing that, then set up a mailing address in some country friendly to the US.  (For example, I live in South America, but have a US mailing address and US bank account to avoid the very problems you are wondering about).

289
I agree with Pauws99, but will add some personal experience.

Years ago, when I was first starting with iStock, I had a shot of a balloon salesman on the beach in Cabo.  You could see nothing of him but the lower part of his legs, as he was totally covered in balloons.  iStock rejected it for trademark.  Well, sure enough, several of the balloons had trademarks on them.  I was just learning Photoshop in those days, so asked our group's artist for some help in removing them (since my first attempt was a total mess).  He did so, and I learned some PS in the process.  But... iStock still rejected the image.

They wrote me a real, honest, personalized email (I was impressed!), apologizing, but hoped I would understand.  Given the surroundings (beach, with recognizable hotel), and the nature of the sales, they said it would be possible for that salesman to look at that image and identify himself in it. As such, they still had to decline the image.  I was bummed out, but avoided pretty much all people for years after that.

Fast forward to this past year. I learned about Editorial, and started to submit a lot of images (some rather old) in that category.  All have been accepted (except for those with focus or noise issues). These included several images of closeups of hands doing various things (cooking, sewing, weaving, etc -- things I came across in my travels).

Multiple agencies (not ShutterStock, but I can't really remember which), actually bumped them over to Commercial, saying they thought they would sell better there. Even though I know these are images of the type that iStock would have rejected a decade ago. (I no longer submit to iStock because of their insanely low royalties, so don't know their reaction today to those images).

So...  it is a moving target.  Both regards the agencies and regards time. What is accepted or rejected today may be the flip next year.  Just because one agency rejects it as commercial, doesn't mean another won't accept it.

My advice... submit as commercial to each of your agencies.  If any particular agency rejects for editorial reasons, just resubmit as editorial.

290
Can I just put all of the photographers names on one release?

I was a photog in groups like that a few years ago.  We each needed a separate model release, so that we could submit as needed to our agencies.

FWIW, the organizer had a set cost for the photogs to be involved. He then charged an extra $10 if we wanted a model release, and that money all went to the model(s).  That compensated them a bit for signing half a dozen copies of each release...

291
Photo Critique / Re: Timelapse videos
« on: May 16, 2018, 22:49 »
Looks like you have some nice timelapses! What did you do to add 'motion' to them?

It was pretty obviously a rail being used. Very standard technique, and the first step from static tripod-mounted clips.

292
Add your title and description normally in Lightroom.  Add whatever keywords you may think of, but don't spend a lot of time on it.

Upload to ShutterStock, then use their "keyword suggestion" tool, which is integrated into their submission process.  When the tool has generated your keywords, copy those and paste them back into Lightroom, then press the Submit button in SS.

Your keywords are now in Lightroom, and every other agency will extract them from the EXIF data when you upload  to them.

293
Shutterstock.com / Re: ss no sales
« on: May 04, 2018, 01:28 »
April was my largest sales for SS to date, though largely because of a couple $20+ sales.  Overall the number of downloads from SS seems stable but slightly increasing (as is my portfolio size).

294
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 13:50 »
Hmmmm...sceptical.
They have marketing sussed? Then how come I only heard about them (here) today and the 500-pics deal runs out tomorrow?

Because they already landed 40,000 approved images in that deal, and I am guessing more than that over the weekend. They probably don't want TOO many images that will be royalty-free for life...  OTOH, they do want to build up a library large enough for their launch on May 7 to say they are a serious contender.

295
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 13:48 »
The site doesn't "clearly" state it on their homepage or about page.
In fact, on their home page, above the fold, there is a big heading saying, "License from top photographers" which implies that should be doable now.

Gotta admit, it is not all that obvious. I did find it last night while checking them out, but had a hard time finding it again today.

I did find it though. The site officially starts May 7, as seen in this screenshot (from https://tge.wemark.com ) --

    https://www.dropbox.com/s/hc43thmqs7c23cw/WeMark%20Starts%20May%207.png?dl=0

296
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 12:52 »
Is the site open for business? I can't even see a search box!

No. The site is not yet open for business, as their site clearly states.  They are trying to get photogs to load up now, so that they have something to sell when the customers arrive.

297
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 12:48 »
Sounds a lot 100%, too good to be true?  Yes, the normal rate is 85% so you get given 15% on your first 500.  If you upload 5,000 photos that's a whole 15% of 10% and given that half your images wont sell, if any do, the enticement is 7.5%of 10% in this situation, much of which will be canabalised from other sources you sell from.  I think they need to increase that to at least 5,000 if they want to get anywhere near the inventory they need to compete.

I don't think your math or logic holds up.

First, you are not canabalising your other agencies.  Do you really think that someone will go to xxx agency, not see your specific photo, and then come to wherever you are so that they can buy your photo? No. They will buy whatever is the best fit at the agency they are currently in.  If your photo is not at that agency, you lose the sale. Period.  Thus, you either get the sale if you are in their game, or you don't when you are not in the game.

Second, you only get the 100% royalty on 500 images.  Presumably, you will know that, and thus upload your best sellers now for that first 500.  WeMark knows that, and wants exactly that, so that the best sellers are quickly added to their library. You (presumably) know that, and will put in the images now that will bring the most revenue.

Anything past that 500 is not relevant. You will get 85% of the buyer payment.  Do you know any other agency that pays that high a rate??  If not, then don't gripe that someone doing the marketing and infrastructure is taking 15%...  (Amazon takes 55% of the video sales I make there)

You might complain that WeMark has no customers yet.  Sure enough. Amazon didn't have any customers when they started approaching vendors to set up accounts to sell through them either. (I am not saying WeMark is a potential Amazon, but noting that EVERY company starts with zero, and then the successful ones build from there)

298
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 12:41 »
Still, I think it's too early to submit work. They should prepare all the functions for contributors, including the payment system, and they should accept all rasters (not just photos) and vectors from the start. And we shouldn't wait who knows how long until the marketplace starts working.

You obviously don't have to submit now.  By waiting, you may decide to never upload if WeMark fizzles (which is rather likely).  However, if they do succeed, then by waiting, you:

1) Will pay an extra 15% commission on all images.  Upload your very best sellers now, and those will be commission free forever (or so the ad says...)

2) A smaller library means a better chance of your coming up on the searches, which means a larger % of WeMark sales will be YOUR sales.  With 180 Million images on SS, it is harder to show up on the search results than with 40,000 images on WeMark (today -- will obviously be higher by their release date).

This is a typical question that all employees ask when faced with joining a startup.  Do you risk getting nothing beyond the low starting salary of a startup, in exchange for a possible much larger payout later?  Or stick with Fortune 500 companies where you get a straight salary as long as you are there?

299
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 12:36 »
I know. As I've said, submitting now is too early. The question is why they need the content now? Why they reward with 100% the content submitted until the May 1st? Why not until (much) latter?

I'm not sure why anyone considers that a mystery.  This is a new agency that wants to compete in the market.  To do that, they need a large image base to sell from.  Offering 100% on the first 500 photos uploaded before May 1 is a way to encourage people to submit those 500 images, giving them a head start into their target market.

They say they have 40,000 photos now.  Most established agencies have multiple millions (SS was at 180 Million last time I looked).  How else is WeMark going to get enough images to be viable?

300
General Stock Discussion / Re: Wemark hows it going
« on: April 29, 2018, 01:45 »
I'm waiting to see whats approved before I think about pricing etc...found it OK to log in and upload but no ftp.

I am uploading now, and their browser upload is quite fast. Good enough that I am not worrying about no ftp.

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