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Messages - Elenathewise

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276
So they post an update and say we didn't do anything wrong and we'll do more of it.
I am afraid if they don't provide an opt-out of deals like that I will have to leave. It'll hurt me financially but they are putting me out of business anyway. I'd still give them some time to come with something better, but if they don't I think there is no choice - all  7909 painfully uploaded files will have to be taken down and account closed.

277
Fact: Google did not steal images. Fact: Getty made a deal with Google for these images. Fact: you were paid $12.00 for their free use. Fact: the artist got shafted. Fact: unless stopped they will do it again and again.

Umm, they have to point me to the paragraph in our agreement where I am agreeing to grant anyone the right to re-distribute my images for free. So no, I haven't been paid $12 for this - I never agreed to this kind of deal to start with. I don't understand how they can claim they didn't break the agreement.

They'd probably point to this: "The Supplier hereby appoints iStockphoto as Supplier's exclusive distributor to sell, license or sublicense Exclusive Content to third parties worldwide and to collect and remit funds in connection with those endeavours on the terms set forth in this Agreement. "

They did "collect and remit funds", but I don't think a judge would find the compensation appropriate for the grants of rights sold.

ie., I don't think "Give me a $1 and you can let your users download this work as many times as they like and use it however they like" a valid interpretation of the agreement.

The thing is, all my images used in Google Drive except for 1 (PC) are non-exclusive. Tetra ones are exclusive to them, but they have a wide network of distributors. So the f**ktards are damaging my sales with other companies by allowing my images to be given away for free - they can't do that. Nobody nowhere in any court can say it's ok. The damages are loud and clear.

278
Fact: Google did not steal images. Fact: Getty made a deal with Google for these images. Fact: you were paid $12.00 for their free use. Fact: the artist got shafted. Fact: unless stopped they will do it again and again.

Umm, they have to point me to the paragraph in our agreement where I am agreeing to grant anyone the right to re-distribute my images for free. So no, I haven't been paid $12 for this - I never agreed to this kind of deal to start with. I don't understand how they can claim they didn't break the agreement.

279
I would encourage anyone who recognizes names on Sean's list to let those people know what is going on if they don't already know.

Funnily enough I've been doing just that. More angry contributors perhaps means some/more action from the wretches who dreamed this up.

Yup I've been a busy bee too:) BTW Tom Grill and family are owners of Tetra Images.

280
So far I found 2 from Thinkstock, 6 from Tetra collection, 1 Photographer's Choice. 9 in total.

Not exactly a contest you want to win though, sadly. I guess you're currently the bronze silver medalist :)

It'd be nice if Tetra was able to kick up a stink with Getty, but they may be like so many others - ill able to afford losing Getty's business and thus unwilling to do more than complain politely.

Modified as I did a couple of checks for names I know and Andrew Rich - RichVintage has 11, so he's "beating" Yuri in this horrible sweepstakes

Ha, I still made the podium so far:) Tetra is already looking into this, talking to Getty. We'll see what happens.

281
Sean - thank you for your effort on this. As someone else noted, iStock should be ashamed that you are doing this work and not them.

I was able to verify that none of my images are there, which is a partial relief, but Getty's high handed giveaway sets a new low water mark for bad behavior.

I saw Sean had 6 images given away and Yuri (Jacob Wackerhausen is on some of the images, Yuri Arcurs on others) 10. Lise Gagne only 2, Monkey Business Images 4.

Did anyone do better/worse than 10?

So far I found 2 from Thinkstock, 6 from Tetra collection, 1 Photographer's Choice. 9 in total.

282

Oh no, 7 of mine!!!

Elena, the ones of yours that are there...are they from Getty or from your microstock portfolio?

Actually, at least 8 of mine. One that I know of from Thinkstock via Ingram Publishing (so my name is not listed), and the other 7 are from Getty images, I think all of them from Tetra Images collection, exclusive to them. Lovely.

Thanks Elena.  It's good to get an idea how indies files are ending up there.

I also saw some files from Blend Images. Both Tetra and Blend are high-priced collections selling not only on Getty but on other macros, what they h*ll Getty thinks they are doing. I am emailing Tetra and Blend to let them know this is happening if they are not on it already.

283

Oh no, 7 of mine!!!

Elena, the ones of yours that are there...are they from Getty or from your microstock portfolio?

Actually, at least 8 of mine. One that I know of from Thinkstock via Ingram Publishing (so my name is not listed), and the other 7 are from Getty images, I think all of them from Tetra Images collection, exclusive to them. Lovely.

284
I have just seen this on IS forum. Will help searching if your image has been used.

Posted By sjlocke:
I've downloaded all 6923 images available on Google, and should have a page tomorrow, possibly with all the images and exif.

In the meantime, here is a text list so you can search in your browser and see if you find yourself: http://seanlockephotography.com/data.html


Oh no, 7 of mine!!!

285
iStock staff have acknowledged that money changed hands between Getty and Google - this isn't Google acting unilaterally. And if you read above you'll see that it appears the license was for $12!! Time limited but no notion of how long. It might as well be forever given how many people and businesses are now using Google Drive

If you put your image into a document and then right click and Save Image As... you'll see the file number in the JPEG. It's probably Thinkstock and you can search there by file number to check


Yup the number matches Thinkstock image number, here it is: http://www.thinkstockphotos.com/search/#122507672
That's where they got it from. I still can't believe this happened - it's not like they thought they own the rights to these images, they are not that dumb... they thought they can get away with this. We're being screwed intentionally - they don't think people can or will do anything about it.

286
So what's happening? Is Istock or Getty making any statements on this? From what I understand they promised to come back today with something?

287
Holy crap. Found at least one of mine there... search for "fruit", it's image number 3. What's the h*ll??? I can't tell where the image came from, since I am non-exclusive, but this is just unbelievable. From what people posted here  it seems to be Getty's f**kup ... Google had to get non-watermarked images from somewhere. So, they were supposed to get contributor's agreement for such use and they just ... didn't. I mean - "eh, come on, let's pocket the money, give away some images from some bozos, they are almost giving them away for free anyway... who's gonna find out". I sure hope they'll put a stop to that, and fast. I'll take part in any class action or whatever, but if nothing happens and this is not fixed and becomes business as usual, I am out of there. No question about it.
I think we should contact Google about it too - I want to see what license they have for such use and where did they get it. Nothing I ever agreed to that's for sure.

288
Here are examples of what I sold on FAA this year:
http://fineartamerica.com/featured/2-notre-dame-de-paris-elena-elisseeva.html
http://fineartamerica.com/featured/waterfall-elena-elisseeva.html
http://fineartamerica.com/featured/1-cityscape-of-saint-johns-from-signal-hill-elena-elisseeva.html


Nice work! You even managed to sell an image of a waterfall too? I've spent hours sitting by waterfalls experimenting with various exposures ... but they never make any money in stock.

I like all the congratulatory comments too. Seems like a friendly and fun place to do business.


Thanks!:) This particular waterfall actually did sell a few times as stock, but in my experience what sells as prints generally doesn't sell as stock. My stock bestsellers don't sell on FAA but some obscure travel images do! Maybe to increase my income from FAA I need to shoot some more obscure travel images... :) However as it's been pointed out here, the site's content is growing really fast, so good luck getting found there... my prediction is that eventually (pretty soon) the only way to make money through them will be self-advertising.

290
I had some sales on FAA but it's not something to retire on. If you compare it to stock sites, it would be in the "low earners" category (and on the lower side, too). I do like to have a place for my more artsy stuff, stock gets too boring once in a while.
Some people do better because they mostly create photographic art, which is more suitable for prints. Plain photos have to be outstanding or very original to be popular as prints.

291
I am not anonymous on this newsgroup for the same reason I don't wear a mask when I go out and interact with real people - what's the difference really?
So you know I am a photographer and you can see my portfolio and maybe if you're not too ethical you will copy some ideas, but that can't be stopped by me being anonymous. So what is there to hide?
When I express my opinions I like people to know who they are coming from. If an agency is petty enough to punish contributors for their opinions, then good riddance.

292
Oh well, the fact that they used it makes me very happy. Looks like it could be a cult film too. It's been a year of nice surprises for me. I have one of my music tracks A-listed for use in the new Raging Bull 2 movie (renamed The Bronx Bull) If that comes off I will be popping champagne but I feel this poster also warrants a cork being popped.

Congrats to you, and that's an awesome thing to put in your "where used" portfolio:)

293
38 cents

28 bucks

What the heck are we doing (have we done) to ourselves!

I dont know whats worse the money or the fact that we go around bragging about it?!?!?

There is nothing bad about it. It didn't take a lot of money for the OP to produce this image - why should the movie company pay a lot of money to use it? Just because they have the money? That's a strange logic - should I never buy stuff on sale just because I can afford to pay full price? The reality of today's image market is that stock images are cheap, and there are a lot of them to choose from. The reality is also that a lot more people are buying images than before, that's why a photographer still can make a living selling  images at low prices.
It is interesting that they didn't care to go for RM, I guess the odds of that same image being used in the same industry are pretty slim.

294
Selling Stock Direct / Re: Your Stock Site: Link Exchange
« on: December 13, 2012, 15:50 »
Thanks Cory - here is mine:

Name of Site: Elenaphoto
URL: www.elenaphoto.com
Owner/Artist/Photographer: Elena Elisseeva (Elenathewise)
A brief one or two sentence description: Diverse portfolio of more than 12,000 stock images covering lifestyle, concepts, travel, food and nature photography.

295
Doesn't this mean new files have little chance to be found?

296
I don't think it's 100% stupidity. It is very hard for humans to detect the direction of the sound. If she heard the sound and saw the train in front of her, she clearly attributed that sound to the train she saw, and probably thought she has more than enough time to get out of the way. That's the tragic mistake part. However, being on the track alone and not having anyone with you to watch your back is stupid. I never step out on the road without somebody watching for me in both directions. And even if you absolutely have to do it for some reason, consider all possibilities first, like a train coming in opposite direction, and take appropriate safety measures. So I think this one is not "stupid" or "tragic", it's a bit of both... like most things in life.

297
General Stock Discussion / Re: Just had to share this...
« on: December 10, 2012, 22:23 »
For the sad woman with carrots: "But I really thought it'd get the kids to eat their veggies..."

The cabbage is even more creepy. If anyone remembers Mr. McGregor from Peter Rabbit, if Beatrix Potter had gone in for darker visuals, it looks like something McGregor might plant in his garden to get back at Peter Rabbit :)


 You really made me laugh out loud Jo Ann: ) Still giggling:)

298
General Stock Discussion / Re: Just had to share this...
« on: December 10, 2012, 18:48 »
My husband came up with this:
"I fell on pile of carrots...."

Ouch!

Seems to me that when produce takes root in your nose and ears it's way past time to clean them out with a Q-tip.

Hehehe

299
General Stock Discussion / Re: Just had to share this...
« on: December 10, 2012, 18:38 »
My husband came up with this:
"I fell on pile of carrots...."

300
General Stock Discussion / Re: Just had to share this...
« on: December 10, 2012, 18:36 »
Mine would be "I'm sure I can smell carrots..."
LOL!!! Love it:)

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