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Author Topic: Changes to the TOS at Shutterstock  (Read 50174 times)

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ruxpriencdiam

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  • Location. Third stone from the sun
« Reply #125 on: September 18, 2013, 16:11 »
+1
The Yuri's of video.

http://finance.yahoo.com/news/shutterstock-welcomes-expert-filmmakers-robb-180000954.html

http://submit.shutterstock.com/forum/viewtopic.php?t=132231

changes to the End User Licence


Funny how this significant change does not pop up when contrubutors sign in and it has the potential to affect "Our Assets" more than the TOS changes do.


Well if Yuri was not the cause of the TOS changes there is something big brewing and SS expects a large exodus. It doesn't sound given all the crap we've taken from other micros over the last few years.


« Reply #126 on: September 18, 2013, 16:17 »
0
SS is fantastic for selling videos. They even sell my amateur files, these ber-artists will make a killing there!

Too bad they can never post their earnings and results to motivate others to join SS...

« Reply #127 on: September 18, 2013, 16:21 »
0
SS is fantastic for selling videos. They even sell my amateur files, these ber-artists will make a killing there!

Too bad they can never post their earnings and results to motivate others to join SS...
Or their royalty rates, did they get a special deal?

« Reply #128 on: September 18, 2013, 16:33 »
0
If they made a special deal and didnt want these individuals to post their results then they can discuss this and put it in writing in their respective individual contracts.

It still doesnt make any sense to limit information sharing for the whole community while the company itself posts all their earnings online every quarter.

To talk about sales and compare results is essential in making decisions and attracting the best artists.

Why is SS suddenly scared of their success being analysed by the community??
« Last Edit: September 18, 2013, 16:46 by cobalt »

« Reply #129 on: September 18, 2013, 16:36 »
0
If they made a special deal and didnt want these individuals to post their results than they can discuss this and put it in writing in their respective individual contracts.

It still doesnt make any sense to limit information sharing for the whole community while the company itself posts all their earnings online every quarter.

To talk about sales and compare results is essential in making decisions and attracting the best artists.

Why is SS suddenly scared of their success being analysed by the community??
Only if the news is good, if it's bad I don't see how it will attract anyone.

« Reply #130 on: September 18, 2013, 16:39 »
0
The Yuri's of video.

http://finance.yahoo.com/news/shutterstock-welcomes-expert-filmmakers-robb-180000954.html


The reel: http://www.shutterstock.com/blog/2013/09/new-footage-contributors/

I didn't think the work in the demo was anything groundbreaking or wonderful.  The CG earth opener was pretty bad, and I laughed at the arab businessman.  I liked the kid with the umbrella and the dad on the couch, though.

« Reply #131 on: September 18, 2013, 16:39 »
+1
If it is bad it will keep them active to get back onto the road to success. The online communities serve as a great echo chamber that amplify both good and bad results.

It prevents mediocrity and encourages excellence. It can be brutal yes, but business is not for the faint of heart.

« Reply #132 on: September 18, 2013, 20:08 »
+1
Even though I am not near as big as these guys I am happy to be joining them on SS in a few more days! Trust me when I say this is a big deal to have this many talented video artist on SS! I am happy they are there as it also helps the rest of us sell more, especially my medical clips!

Shelma1

  • stockcoalition.org
« Reply #133 on: September 19, 2013, 06:45 »
0
I'm disappointed they haven't featured a single female filmmaker. Certainly they exist.

« Reply #134 on: September 19, 2013, 06:58 »
0
They featured a female film maker on artist of the month this month at SS

« Reply #135 on: September 19, 2013, 07:07 »
+9
I'm disappointed they haven't featured a single female filmmaker. Certainly they exist.

... or a black one, or an Asian one, or a Jewish one, or a Muslim one, etc, etc.

Who the bloody hell cares about the gender, race or religion of the artist? What's wrong with them choosing on the value of the product itself?

I'm disappointed that you feel 'female filmmakers' deserve to be singled out for special treatment irrespective of their talent ... just because 'they exist'. What utter nonsense.
« Last Edit: September 19, 2013, 07:13 by gostwyck »

« Reply #136 on: September 19, 2013, 07:26 »
+5
You can tell "representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential."  I guess an accountant automatically has agreed to keep the terms confidential right?  I don't think you would need a NDA first.  Spouses, friends, and internet people apparently can't be told though under any circumstances.


I can't wait to see the reaction when I tell my wife "Sorry, dear, it's a contravention of my contractual terms to tell you how much I earn, now or ever again".

Or maybe I don't really want to see it......

« Reply #137 on: September 19, 2013, 07:46 »
+2
I can't wait to see the reaction when I tell my wife "Sorry, dear, it's a contravention of my contractual terms to tell you how much I earn, now or ever again".

Maybe the classic: "I could tell you, but then I would have to kill you..." would be received better?  ;D

« Reply #138 on: September 19, 2013, 08:00 »
+1
I can't wait to see the reaction when I tell my wife "Sorry, dear, it's a contravention of my contractual terms to tell you how much I earn, now or ever again".

Maybe the classic: "I could tell you, but then I would have to kill you..." would be received better?  ;D

Tongue firmly in cheek, maybe this is more for the contributors they have made special deals with.

« Reply #139 on: September 19, 2013, 09:32 »
+1
You can tell "representatives, agents, attorneys, accountants, auditors and advisors with a bona fide need to know, who shall first agree to keep the terms confidential."  I guess an accountant automatically has agreed to keep the terms confidential right?  I don't think you would need a NDA first.  Spouses, friends, and internet people apparently can't be told though under any circumstances.


I can't wait to see the reaction when I tell my wife "Sorry, dear, it's a contravention of my contractual terms to tell you how much I earn, now or ever again".

Or maybe I don't really want to see it......
If you can get her to do your taxes and sign an NDA then I think you might be okay.

jareso

  • Boris Jaroscak
« Reply #140 on: September 19, 2013, 10:53 »
+3
And what about Shuttertweet?!
Isnt it now breaking their own rules of confidentiality when it is auto-tweeting about uploads and sales authors are having at ShutterStock?

« Reply #141 on: September 23, 2013, 08:42 »
+12
SCENE 1. Daylight

tumbleweed. the toll of a distant bell. no word has issued from the royal court, thus the peasants drift back to their daily toil, none the wiser.
« Last Edit: September 23, 2013, 12:08 by Red Dove »


lisafx

« Reply #142 on: September 23, 2013, 13:56 »
+1
SCENE 1. Daylight

tumbleweed. the toll of a distant bell. no word has issued from the royal court, thus the peasants drift back to their daily toil, none the wiser.

I had to give you a +1 just for the lovely, poetic turn of phrase :)

« Reply #143 on: September 23, 2013, 14:40 »
+2
No explanation is also an explanation. Unfortunately. :(

« Reply #144 on: September 23, 2013, 17:02 »
+3
No explanation is also an explanation. Unfortunately. :(

Yes it tells us a great deal about who we are dealing with when they will not even take the time to clarify important updates to the TOS & END USER LICENSE AGREEMENT.

They changed the NEW END USER LICENSE AGREEMENT without even notifying us that they had made changes.

« Reply #145 on: September 23, 2013, 17:17 »
+1
am I allowed to mention that my downloads rhymed with hero for the first time in years and years saturday and the whole weekend only rhymed with chew. Have they also implemented some sort of DT rolling preferences now?

you advisors need to not tell anyone.

« Reply #146 on: September 23, 2013, 23:11 »
+12
Hi All,

Thanks for the questions and my apologies for a delayed reply.  As stated previously, we do not support MSG as a dedicated support channel, though members from our team will come in from time to time to clear up any confusion and answer questions.

Please note that the answers and explanations weve given previously on these topics are forthright and accurate, including what's
in the blog post.
 
First, with respect to unwatermarked comps and the premier license: unwatermarked comps are very common in stock image licensing. Traditionally, buyers who were purchasing an RM or RF image would request a comp or preview image for layout purposes because pricing was expensive and there was a direct relationship between the license fee and actual usage. This is a common practice at leading stock agencies, primarily because advertising agencies and major publishers continue to work this way. 

When Shutterstock provides unwatermarked comp images, they are only provided to trusted large accounts that pay much higher prices than other Shutterstock customers. Comps are not offered through the subscription model. As a result, you receive higher royalties when a customer purchases the image. The pricing of these images can be in the hundreds of dollars. You receive the corresponding royalty based on your earnings tier (up to $120 or more per download).   

The Premier License

The premier license is a variation of our standard and enhanced licenses, but contains individually negotiated terms as well as expanded rights that have been explained in this forum in the past:

When you receive a high royalty for a single image, it is because the image was sold under a license that offers the option for sensitive use. It does not mean that the use was a sensitive one.  The majority of these images will not be used in a sensitive manner.  However, such use is a possibility. Unlike some other agencies, we give you the ability to opt-out.

High royalties are often the result of a negotiated agreement with volume buyers such as large advertising agencies.  These volume buyers may require additional license or workflow features, such as the option for sensitive use, indemnification, multi-user accounts, negotiated pricing, and special billing and other features.


Because the above items are individually negotiated with each large account, for competitive reasons and because of confidentiality restrictions, we do not publish the details of each license or transaction. 

In terms of talking about your earnings, we have no objection to you speaking about your earnings in a general way.  The intent of this new requirement is to prevent the disclosure of specific information to competitors of Shutterstock. We know and understand that contributors often share information among themselves. We continue to welcome you to do so in general terms. We also welcome discussion about whether you are having a good experience or bad experience with us. 

It's not an issue to talk in general terms about your best month ever, worst month ever, isolated individual transactions, most popular image, or information of a very similar, generalized nature. It would violate the Terms of Service, for example, to provide a Shutterstock competitor with specific information related to your sales or your total earnings.

Please direct any questions to [email protected] for the most authoritative answer on any of these topics.  As Ive mentioned in the past, were happy to discuss questions and issues in a public forum. That being said, many forum posts contain inaccurate information or speculation and the only authoritative source for explanations on these topics is the Shutterstock team and Support (submit at Shutterstock.com).

In addition Ill be heading over to MicrostockExpo this fall.  If youre going, please swing by and say hello. 

Thanks for your patience, and again, we apologize for any confusion.   

Best,

Scott
VP of Content
Shutterstock

« Reply #147 on: September 23, 2013, 23:33 »
0
Thanks Scott :)

« Reply #148 on: September 23, 2013, 23:40 »
+10
Thanks for the thorough response Scott, I appreciate it and it certainly helps curb the misinformation.

 I think there is quite a bit of confusion about what Shutterstock is OK and not OK with in regards to earnings though (I know I'm still a bit unclear).  You gave a few good examples and stated you were OK with general information sharing but you also said you were OK with isolated individual transactions which seems more specific.  I also understand that you are wanting to keep specific sales info private from your competitors. 

Can you weigh in on a few more examples though so we can get a feel about what is OK or not OK with sharing.  I tried to pick some examples that were for sure OK and for sure not OK so hopefully we can get an idea where the line is.

Examples:
I had a BME on SS last month
I just got a $100 SOD sale on Shutterstock
I just got an extended license on this image
I get about 100 downloads a month on Shutterstock
I only got 50 sales today
I just passed the $500 mark and am now in the next earning level
I earned $1000 on Shutterstock last month
I earned $1000 on Shutterstock last month, $500 from subs $300 from OD and $200 from video
Here's a screenshot of all my Shutterstock earnings... 

« Reply #149 on: September 23, 2013, 23:47 »
+3
Great questions Leaf. Also, are you going to boot us from the site if we don't comply? Are you going to scour the internet for previous violations and punish those as well? It's a huge can of worms, so we need more information.

I also noticed the deleting items wasn't addressed. Can you still close your account in 90 days?


 

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