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Author Topic: Shutterstock Custom is born  (Read 54541 times)

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« Reply #75 on: September 26, 2017, 08:45 »
+5
When you log on the Shutterstock Custom site, there is a lengthy Submission Agreement.

This part looks rather scary. What Mantis said is happening if people agree to this; giving our work away for pennies will destroy professional photography.

(quote)

OWNERSHIP OF SUBMISSIONS

"By providing a Submission to us that we accept and compensate you for (Paid Submission), you will thereby assign to us and we will own, all right, title and interest in and to that Paid Submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit each of your Paid Submissions, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion. You agree that by providing a Paid Submission to us, you will thereby waive all moral rights or any similar rights you may have in relation to that Paid Submission. If we request you to do so, you will sign and deliver to us any and all further assignments and other instruments we may require in order to confirm our ownership of your Paid Submissions.


You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.

Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."


derek

    This user is banned.
« Reply #76 on: September 26, 2017, 09:02 »
+1
What ss is doing is simple.  They are taking another photography vertical, comissioned shoots, and turning that into cheap microstock royalties, effectively destroying another element of our business for personal gain. And the sad part is that photographers will do these shoots for pennies.

 Have to agree with you. Next time someone here has a $40,000 shoot why don't they hire one of us? I'd take 10 or $20,000 for the same work

Maybe if you weren't so rude to Creative Directors here you'd be considered. (And maybe not anonymous, too.) Just sayin'. ;)

Why don't you hire people like Sean or Paulie or others here who are well versed and capable, for lets say, $20,000 or $10,000? Why do you hire someone else for $40,000 for
Those prices are absolutely appalling for a custom shoot. And according to SS these are "enterprise clients." Ad agencies/clients pay in the tens of thousands for custom photography. The last shoot I was on (we used one photoshopped image) we paid the photog $40,000, if I remember correctly. And that was a discounted rate we had to haggle over on the client's behalf.

One image? Fly them in, do the photo, have a week.


It's not imaginary. I hate to tell you what clients pay to license music.

I can get you a whole band of studio professionals, for a week, in a practice studio and half a dozen new original songs. What do you pay? 

Why don't you hire from here? I think there are many quite capable people.

You need a rep. A real one, not Shutterstock.

Each month reps come in to ad agencies and provide a catered lunch to the creative department to review photographers' portfolios.

Your rep is in touch with the art buyers, who are the poeple who negotiate licensing terms on behalf of the ad agency.

The creative team and creative director review portfolios that meet the needs of a particular concept. They recommend three or four photographers to the client, who has final say over who gets hired for the job (within the client's budget).

Creative people really don't look through stock sites to find photographers. They look for a stock shot that meets their needs. The reason they look for stock is the client's budgetary constraints. If the team has an idea tha requires a custom shoot, and the client has the budget for it, they ask the art buyer to get in touch with reps to send portfolios over.

The reps fight for high pay for the photographer, and the client usually fights to pay less. So some negotiation takes place.

The amount paid depends on many factors...budget, complexity of the shoot, location, the reputation of the photographer, and licensing terms. For example, the $40,000 we paid the photographer I mentioned earlier was for only one print ad in limited distribution for one year. And the client was Arm & Hammer. (That's why I used them as an example of someone who would now be able to  go through SS and pay you 50 cents for a box of baking soda.)


I have an exclusive agent and she takes 25%. She reresents 4 photographers. I joined her 4 years back and best thing I have ever done!!  she lands me commissions for at least $ 60.000 a year and I dont have to do anything but photography no worries nothing.

I dont think this sort of agent would represent anything involving stock though. We are in the stock business but outside our world the word "stock"  have a bad a cheapo name associated with second rate material. Its unfair actually but true.

Youre right SS is on its way out they are hard pushed selling micro images so how the heck are they planning to sell this? only a couple of weeks back I was up at a design/pr company who used to buy from SS only and spending around 10-15 grand a year with them. Now!  they scout for pics at smaller traditional agencies. I asked and they said " cant find anything at SS anymore.

My own thoughts are. They just have too many pictures and everything takes too much time for buyers to scout around. Too many niched ports have quit  and they are more less left with the rif-raf.

« Reply #77 on: September 26, 2017, 09:20 »
0
When you log on the Shutterstock Custom site, there is a lengthy Submission Agreement.

This part looks rather scary. What Mantis said is happening if people agree to this; giving our work away for pennies will destroy professional photography.

(quote)

OWNERSHIP OF SUBMISSIONS

"By providing a Submission to us that we accept and compensate you for (Paid Submission), you will thereby assign to us and we will own, all right, title and interest in and to that Paid Submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit each of your Paid Submissions, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion. You agree that by providing a Paid Submission to us, you will thereby waive all moral rights or any similar rights you may have in relation to that Paid Submission. If we request you to do so, you will sign and deliver to us any and all further assignments and other instruments we may require in order to confirm our ownership of your Paid Submissions.


You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.

Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."
I can understand why they do this....the company in question will want to use the material in ongoing marketing campaigns and not have their carefully planned marketing strategy derailed by similar parallel images popping up in odd places. Whether or not the financial incentive is sufficient though is the question. It certainly makes it less attractive as it seems in many instances it will be impossible to sell on rejected work.

« Reply #78 on: September 26, 2017, 10:43 »
0
What ss is doing is simple.  They are taking another photography vertical, comissioned shoots, and turning that into cheap microstock royalties, effectively destroying another element of our business for personal gain. And the sad part is that photographers will do these shoots for pennies.

 Have to agree with you. Next time someone here has a $40,000 shoot why don't they hire one of us? I'd take 10 or $20,000 for the same work

Maybe if you weren't so rude to Creative Directors here you'd be considered. (And maybe not anonymous, too.) Just sayin'. ;)

Why don't you hire people like Sean or Paulie or others here who are well versed and capable, for lets say, $20,000 or $10,000? Why do you hire someone else for $40,000 for
Those prices are absolutely appalling for a custom shoot. And according to SS these are "enterprise clients." Ad agencies/clients pay in the tens of thousands for custom photography. The last shoot I was on (we used one photoshopped image) we paid the photog $40,000, if I remember correctly. And that was a discounted rate we had to haggle over on the client's behalf.

One image? Fly them in, do the photo, have a week.


It's not imaginary. I hate to tell you what clients pay to license music.

I can get you a whole band of studio professionals, for a week, in a practice studio and half a dozen new original songs. What do you pay? 

Why don't you hire from here? I think there are many quite capable people.

You need a rep. A real one, not Shutterstock.

Each month reps come in to ad agencies and provide a catered lunch to the creative department to review photographers' portfolios.

Your rep is in touch with the art buyers, who are the poeple who negotiate licensing terms on behalf of the ad agency.

The creative team and creative director review portfolios that meet the needs of a particular concept. They recommend three or four photographers to the client, who has final say over who gets hired for the job (within the client's budget).

Creative people really don't look through stock sites to find photographers. They look for a stock shot that meets their needs. The reason they look for stock is the client's budgetary constraints. If the team has an idea tha requires a custom shoot, and the client has the budget for it, they ask the art buyer to get in touch with reps to send portfolios over.

The reps fight for high pay for the photographer, and the client usually fights to pay less. So some negotiation takes place.

The amount paid depends on many factors...budget, complexity of the shoot, location, the reputation of the photographer, and licensing terms. For example, the $40,000 we paid the photographer I mentioned earlier was for only one print ad in limited distribution for one year. And the client was Arm & Hammer. (That's why I used them as an example of someone who would now be able to  go through SS and pay you 50 cents for a box of baking soda.)

Let me rephrase that. You meaning you personally. Why don't you hire from here, professionals that you know and know their work and record. Not anonymous forum people. You could save your company money and help someone who's being under paid by Microstock agencies?

Shelma1

  • stockcoalition.org
« Reply #79 on: September 26, 2017, 12:10 »
+1
What ss is doing is simple.  They are taking another photography vertical, comissioned shoots, and turning that into cheap microstock royalties, effectively destroying another element of our business for personal gain. And the sad part is that photographers will do these shoots for pennies.

 Have to agree with you. Next time someone here has a $40,000 shoot why don't they hire one of us? I'd take 10 or $20,000 for the same work

Maybe if you weren't so rude to Creative Directors here you'd be considered. (And maybe not anonymous, too.) Just sayin'. ;)

Why don't you hire people like Sean or Paulie or others here who are well versed and capable, for lets say, $20,000 or $10,000? Why do you hire someone else for $40,000 for
Those prices are absolutely appalling for a custom shoot. And according to SS these are "enterprise clients." Ad agencies/clients pay in the tens of thousands for custom photography. The last shoot I was on (we used one photoshopped image) we paid the photog $40,000, if I remember correctly. And that was a discounted rate we had to haggle over on the client's behalf.

One image? Fly them in, do the photo, have a week.


It's not imaginary. I hate to tell you what clients pay to license music.

I can get you a whole band of studio professionals, for a week, in a practice studio and half a dozen new original songs. What do you pay? 

Why don't you hire from here? I think there are many quite capable people.

You need a rep. A real one, not Shutterstock.

Each month reps come in to ad agencies and provide a catered lunch to the creative department to review photographers' portfolios.

Your rep is in touch with the art buyers, who are the poeple who negotiate licensing terms on behalf of the ad agency.

The creative team and creative director review portfolios that meet the needs of a particular concept. They recommend three or four photographers to the client, who has final say over who gets hired for the job (within the client's budget).

Creative people really don't look through stock sites to find photographers. They look for a stock shot that meets their needs. The reason they look for stock is the client's budgetary constraints. If the team has an idea tha requires a custom shoot, and the client has the budget for it, they ask the art buyer to get in touch with reps to send portfolios over.

The reps fight for high pay for the photographer, and the client usually fights to pay less. So some negotiation takes place.

The amount paid depends on many factors...budget, complexity of the shoot, location, the reputation of the photographer, and licensing terms. For example, the $40,000 we paid the photographer I mentioned earlier was for only one print ad in limited distribution for one year. And the client was Arm & Hammer. (That's why I used them as an example of someone who would now be able to  go through SS and pay you 50 cents for a box of baking soda.)

Let me rephrase that. You meaning you personally. Why don't you hire from here, professionals that you know and know their work and record. Not anonymous forum people. You could save your company money and help someone who's being under paid by Microstock agencies?

First, because I haven't worked in advertising in years. Second, because even if I did it's not that easy. I could recommend someone, but as a writer I have probably the least sway. As a Creative Director I'd be making my team miserable by forcing my choices on them, and I wasn't that type of manager. And when you shoot for large multinational clients, there are a lot of rules and legalities involved, not to mention the photogrpahers' area of expertise and contacts...he/she would need to have a lighting crew, know makeup and hair people if they're involved, be able to source a good location scout, etc. etc.

In more than three decades in advertising I managed to get one friend cast in a commercial...and only because he's a great voice actor who really had the best audition.  And even he had a rep who had to handle all the negotiations, legalities and contracts in order for him to perform.

If I were still in advertising and thought someone I knew from stock was right for the job, absolutely, I'd recommend them, but the art buyer would probably not consider them unless they had a rep.

Edited to add: If I did recommend someone I would never do it to save the agency money. I'd recommend someone who would work within the existing budget, and I would fight for that person to get paid the max. I did work for huge corporations who rake in billions of dollars in profits, and I think people deserve to be compensated for their talent and expertise.
« Last Edit: September 26, 2017, 12:13 by Shelma1 »

Shelma1

  • stockcoalition.org
« Reply #80 on: September 26, 2017, 12:18 »
+2
When you log on the Shutterstock Custom site, there is a lengthy Submission Agreement.

This part looks rather scary. What Mantis said is happening if people agree to this; giving our work away for pennies will destroy professional photography.

(quote)

OWNERSHIP OF SUBMISSIONS

"By providing a Submission to us that we accept and compensate you for (Paid Submission), you will thereby assign to us and we will own, all right, title and interest in and to that Paid Submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit each of your Paid Submissions, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion. You agree that by providing a Paid Submission to us, you will thereby waive all moral rights or any similar rights you may have in relation to that Paid Submission. If we request you to do so, you will sign and deliver to us any and all further assignments and other instruments we may require in order to confirm our ownership of your Paid Submissions.


You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.

Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."

Worst agreement I've ever read in my entire life.

Brasilnut

  • Author Brutally Honest Guide to Microstock & Blog

« Reply #81 on: September 26, 2017, 12:48 »
+1
Ok, I get that the transfer of ownership is a deal-breaker for many contributors. Other than that it's pretty standard legalese for me without being completely oppressive to the contributor, as there's numerous exceptions, such as:

Quote
You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.


What if you just clone out the client's logos/trademarks and any other association with the client? This may be impossible for some shoots, Ferrari asks contributors to photograph Ferrari cars at a show and don't end up using such images. But for more generic briefs, I don't see many issues.

 8) rose-tinted glasses are on  8)

Quote
Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."

Honestly, which lawyers did they hire to come up with this? It's like: "sometimes we'll make you work days on end for a project, not use your images for whatever reason, but (we'll be nice and) you may use it to show your work (but can't sell it). At least we're not complete monsters."

I think that's the LEAST they can offer, but I would have preferred some sort of small compensation in return for unused images. Something along the lines that, "in case images are not used for reasons specified in clause XX, contributor to be compensated $2 per unused image according to XX schedule".
« Last Edit: September 26, 2017, 12:58 by Brasilnut »

derek

    This user is banned.
« Reply #82 on: September 26, 2017, 13:12 »
+1
When you log on the Shutterstock Custom site, there is a lengthy Submission Agreement.

This part looks rather scary. What Mantis said is happening if people agree to this; giving our work away for pennies will destroy professional photography.

(quote)

OWNERSHIP OF SUBMISSIONS

"By providing a Submission to us that we accept and compensate you for (Paid Submission), you will thereby assign to us and we will own, all right, title and interest in and to that Paid Submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit each of your Paid Submissions, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion. You agree that by providing a Paid Submission to us, you will thereby waive all moral rights or any similar rights you may have in relation to that Paid Submission. If we request you to do so, you will sign and deliver to us any and all further assignments and other instruments we may require in order to confirm our ownership of your Paid Submissions.


You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.

Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."

Worst agreement I've ever read in my entire life.

agree 110%

Shelma1

  • stockcoalition.org
« Reply #83 on: September 26, 2017, 13:22 »
+6
If that's the agreement between you and SS, then SS owns your selected submitted images and can do anything they want with them forever, including licensing them to that same client at a later date for broader usage without compensating you, using it to market themselves without paying you, retouching out the brand stuff and selling the images to other people themselves on the SS site, etc. etc.

So, let's say SS has an agreement with the client that they'll pay you $12 per image for one use for a year. Then the client comes back a year later and says, oh, we'd like to use that again for a broader market. So SS says sure, that'll be a thousand dollars, and you get nothng. Cause they own it.

Plus, if the client wants to be sure they own it, or wants a buyout with transfer of copyright, they'll require you to spend more time proving their ownership of your work.

Or at least that's how it sounds to me.

Brasilnut

  • Author Brutally Honest Guide to Microstock & Blog

« Reply #84 on: September 26, 2017, 14:16 »
0
Quote
If that's the agreement between you and SS, then SS owns your selected submitted images and can do anything they want with them forever, including licensing them to that same client at a later date for broader usage without compensating you, using it to market themselves without paying you, retouching out the brand stuff and selling the images to other people themselves on the SS site, etc. etc.

True, at face value this looks like a bad deal for contributors. However, this is before we know for sure how much each brief pays - OK, it's 20-30% but 20-30% of how much? To make up for giving away so many rights and other inconveniences I'd expect to be paid a considerable sum way above any microstock expected value.

I'd also want to take my "rights" (they're all implied since there aren't really any express ones!) to as close as I can to the grey lines, such as:

1. Would similar images be OK to be submitted (assuming they have no logos/trademarks)?
2. Direct contact with client or referrals outside the agreement? I wrote about this earlier.

« Reply #85 on: September 26, 2017, 14:28 »
0
Quote
If that's the agreement between you and SS, then SS owns your selected submitted images and can do anything they want with them forever, including licensing them to that same client at a later date for broader usage without compensating you, using it to market themselves without paying you, retouching out the brand stuff and selling the images to other people themselves on the SS site, etc. etc.

True, at face value this looks like a bad deal for contributors. However, this is before we know for sure how much each brief pays - OK, it's 20-30% but 20-30% of how much? To make up for giving away so many rights and other inconveniences I'd expect to be paid a considerable sum way above any microstock expected value.

I'd also want to take my "rights" (they're all implied since there aren't really any express ones!) to as close as I can to the grey lines, such as:

1. Would similar images be OK to be submitted (assuming they have no logos/trademarks)?
2. Direct contact with client or referrals outside the agreement? I wrote about this earlier.
Its rebadged Flashstock from what I've seen we are talking $15 an image ;-). Shutterstock paid $50m for this when I do a google they are not exactly high profile for many and I can't find any meaningul financial stats such as turnover...wonder if SS have been sold a pup?!

Brasilnut

  • Author Brutally Honest Guide to Microstock & Blog

« Reply #86 on: September 26, 2017, 14:32 »
0
Quote
Its rebadged Flashstock from what I've seen we are talking $15 an image ;-)

So it's about $5/image? They should rename it "Shutterstock Custom Fiverr"!

« Reply #87 on: September 26, 2017, 14:40 »
0
Quote
Its rebadged Flashstock from what I've seen we are talking $15 an image ;-)

So it's about $5/image? They should rename it "Shutterstock Custom Fiverr"!
The only thing i've found is on this forum where someone was paid $15 per image...while I signed up to see whats happening I really don't expect much to come of it

Shelma1

  • stockcoalition.org
« Reply #88 on: September 26, 2017, 14:46 »
+12
Quote
If that's the agreement between you and SS, then SS owns your selected submitted images and can do anything they want with them forever, including licensing them to that same client at a later date for broader usage without compensating you, using it to market themselves without paying you, retouching out the brand stuff and selling the images to other people themselves on the SS site, etc. etc.

True, at face value this looks like a bad deal for contributors. However, this is before we know for sure how much each brief pays - OK, it's 20-30% but 20-30% of how much? To make up for giving away so many rights and other inconveniences I'd expect to be paid a considerable sum way above any microstock expected value.

I'd also want to take my "rights" (they're all implied since there aren't really any express ones!) to as close as I can to the grey lines, such as:

1. Would similar images be OK to be submitted (assuming they have no logos/trademarks)?
2. Direct contact with client or referrals outside the agreement? I wrote about this earlier.

Arm & Hammer (boy, they'd hate me if they saw this) goes to SS Custom for four images to do an ABCD split to see which image performs best in focus groups. SS agrees to license them those four images for focus group use only for $200, of which you get $40 and SS gets $160. Two weeks later A&H comes back and says image B worked best. So now we need it for a huge international campign in print, on billboards, for social, for our Superbowl commercial as the end shot. SS negotiates a $50,000 licensing fee (cheap!); you get nothing.

Ss immediately airbrushes the remaining three images and offers them on Offset for $500 a pop. You get nothing. A year later image B's licensing terms are over, so they airbrush that and put it on the main SS site, in direct competiton with your own port. You get nothing, and you're not named on SS or Offset as the photographer. You're also not allowed to tell people that SS image is yours.

Eventually, if this effort is successful, SS has built up a huge portfolio of images they own, and they create a high end site licensing them to premier customers. Or they put them all on the main SS site, so now all those images compete with yours and you lose sales while SS keeps 100% of all the licensing fees on stuff you shot.

And every day on Facebook you see SS using your images to promote their new premier site (or the main SS site), which drives buyers to their port and away from yours.

I'm in!

niktol

« Reply #89 on: September 26, 2017, 15:07 »
+2

"By providing a Submission to us that we accept and compensate you for (Paid Submission), you will thereby assign to us and we will own, all right, title and interest in and to that Paid Submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit each of your Paid Submissions, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion. You agree that by providing a Paid Submission to us, you will thereby waive all moral rights or any similar rights you may have in relation to that Paid Submission. If we request you to do so, you will sign and deliver to us any and all further assignments and other instruments we may require in order to confirm our ownership of your Paid Submissions.


You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.

Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."

LOL. The only thing that is missing here is a worldwide perpetual non-compete clause. How did they not think about it?  8)

Shelma1

  • stockcoalition.org
« Reply #90 on: September 26, 2017, 15:31 »
0

"By providing a Submission to us that we accept and compensate you for (Paid Submission), you will thereby assign to us and we will own, all right, title and interest in and to that Paid Submission, irrevocably, perpetually and without any limitation or restriction whatsoever. Without limiting the generality of the preceding sentence, upon receipt of each Paid Submission, we will have the exclusive, irrevocable, perpetual, worldwide right to use, reproduce, display, electronically transmit, distribute, publish, broadcast, modify, edit, combine with the work of others, make derivative works from and otherwise exploit each of your Paid Submissions, and to grant any of those rights to others, for any purpose whatsoever, and on any terms determined by us in our sole discretion. You agree that by providing a Paid Submission to us, you will thereby waive all moral rights or any similar rights you may have in relation to that Paid Submission. If we request you to do so, you will sign and deliver to us any and all further assignments and other instruments we may require in order to confirm our ownership of your Paid Submissions.


You may also make Submissions that we do not accept and for which we do not compensate you, on our sole prerogative (Unselected Submissions). You will own, all right, title and interest in and to the Unselected Submissions, however Unselected Submissions containing an identifiable brand in the image that were shot and submitted specifically for a Shutterstock Brief, may not re-sold or licensed or used for any commercial purpose whatsoever, nor may you represent that the Unselected Submissions were taken for a Shutterstock client or for a Shutterstock Brief, both of which are covered by Section 7, Confidentiality.

Notwithstanding the foregoing, you will continue to have the right to display your Submissions solely as part of a personal portfolio demonstrating your photographic abilities."

LOL. The only thing that is missing here is a worldwide perpetual non-compete clause. How did they not think about it?  8)

Don't give them any ideas!

« Reply #91 on: September 26, 2017, 15:52 »
+3
Ss immediately airbrushes the remaining three images and offers them on Offset for $500 a pop. You get nothing. A year later image B's licensing terms are over, so they airbrush that and put it on the main SS site, in direct competiton with your own port. You get nothing, and you're not named on SS or Offset as the photographer. You're also not allowed to tell people that SS image is yours.

Eventually, if this effort is successful, SS has built up a huge portfolio of images they own...

I've been wondering for a while if SS doesn't already have some wholly owned content on the site. Getty has content they own, not to far-fetched to think SS may be behind some of the large portfolios that we see.


« Reply #92 on: September 26, 2017, 16:03 »
+1
I work with another websites that sorta does this. While not the same, the concept may be similar, where they match designers with clients for custom work.

They basically play matchmaker and allow the designer to set the price and the website take a 5% cut. SS may take up to 10% since they're more established. I don't think SS will set a price for custom work since every job is different. The photographer will have to do the negotiating and set their own prices. If you can't come to an agreement, the client will contact another photographer.

I think SS will keep track of the initial matchmaking, but they won't be able to control any contact beyond the original matchmaking. It means you can possibly continue to work with the client without SS involved. I would look at this as an opportunity.
« Last Edit: September 26, 2017, 16:06 by Minsc »

« Reply #93 on: September 26, 2017, 16:46 »
+2
I work with another websites that sorta does this. While not the same, the concept may be similar, where they match designers with clients for custom work.

They basically play matchmaker and allow the designer to set the price and the website take a 5% cut. SS may take up to 10% since they're more established. I don't think SS will set a price for custom work since every job is different. The photographer will have to do the negotiating and set their own prices. If you can't come to an agreement, the client will contact another photographer.

I think SS will keep track of the initial matchmaking, but they won't be able to control any contact beyond the original matchmaking. It means you can possibly continue to work with the client without SS involved. I would look at this as an opportunity.

You couldn't be more wrong, but I have the advantage of you, I read the thread.

angelawaye

  • Eat, Sleep, Keyword. Repeat

« Reply #94 on: September 26, 2017, 16:58 »
+2


Eventually, if this effort is successful, SS has built up a huge portfolio of images they own...

It all makes sense now! Wow...

Shelma1

  • stockcoalition.org
« Reply #95 on: September 26, 2017, 18:53 »
+4
Think about it: IF SS has its own photographers creating ports for them, they have to pay them some sort of salary or price per image and take the risk that the images won't make back their investment (though their algorithm would make that unlikely). But if they hook you up with their clients, they're almost guaranteed to make money right off the bat, by taking 70-80% of that small initial fee, and then they own your best, approved images outright and can resell them as often as they want and charge clients whatever they want for them forever. Think how their investors will love that.

« Reply #96 on: September 26, 2017, 22:29 »
0
Think about it: IF SS has its own photographers creating ports for them, they have to pay them some sort of salary or price per image and take the risk that the images won't make back their investment (though their algorithm would make that unlikely). But if they hook you up with their clients, they're almost guaranteed to make money right off the bat, by taking 70-80% of that small initial fee, and then they own your best, approved images outright and can resell them as often as they want and charge clients whatever they want for them forever. Think how their investors will love that.

I actually had been talking about this lately a little bit. Agencies paying contributors salaries to get exclusive content and also maybe freelance services or a multitude of other sales avenues. I think it is a good idea (and maybe a real place for them to grow), but it needs to actually come with a real salary to be taken seriously.

« Reply #97 on: September 27, 2017, 00:37 »
0
Think about it: IF SS has its own photographers creating ports for them, they have to pay them some sort of salary or price per image and take the risk that the images won't make back their investment (though their algorithm would make that unlikely). But if they hook you up with their clients, they're almost guaranteed to make money right off the bat, by taking 70-80% of that small initial fee, and then they own your best, approved images outright and can resell them as often as they want and charge clients whatever they want for them forever. Think how their investors will love that.

I actually had been talking about this lately a little bit. Agencies paying contributors salaries to get exclusive content and also maybe freelance services or a multitude of other sales avenues. I think it is a good idea (and maybe a real place for them to grow), but it needs to actually come with a real salary to be taken seriously.
Its not a good idea for them though as currently photographers bear all the risk if photos don't sell. Why take on the huge complexity of employing people all over the world?

« Reply #98 on: September 27, 2017, 00:39 »
0
I work with another websites that sorta does this. While not the same, the concept may be similar, where they match designers with clients for custom work.

They basically play matchmaker and allow the designer to set the price and the website take a 5% cut. SS may take up to 10% since they're more established. I don't think SS will set a price for custom work since every job is different. The photographer will have to do the negotiating and set their own prices. If you can't come to an agreement, the client will contact another photographer.

I think SS will keep track of the initial matchmaking, but they won't be able to control any contact beyond the original matchmaking. It means you can possibly continue to work with the client without SS involved. I would look at this as an opportunity.
Lot of "I think" and speculation when all you have to do is look at what Flashstock have been doing a while ;-).

« Reply #99 on: September 27, 2017, 00:56 »
+2
Signed up a few days ago
Never got a confirmation email but got my first assignment
It was to provide 4 images for the princely sum of $50 - for a very large financial institution

I declined the task, but was curious to see what a typical payout would be

SS has nothing to lose and everything to gain by opening a new revenue stream by doing this
And you can bet that just as there are lineups of contributers joining microstock, just to feel good ' knowing someone is willing to buy my images' mentality, they may make a go of this new initiative

As was pointed out, perhaps in a few short years, they will have ammassed for themselves a diverse library of images that they can use any way they choose

Scary


 

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