Author Topic: New Shutterstock TOS update (Read 16446 times)

gostwyck · « **Reply #50 on:** February 13, 2012, 13:58 »

Quote from: Sandeel on February 12, 2012, 06:25

What still confuses me is this:
if you opt out, does that mean that buyers can't use ANY TYPE of your images for sensitive use? Even if there are no faces or people at all in them? Then it could mean fewer sales than previously if the whole portfolio is opted out.

If "no faces or people at all" are in the image then how could it possibly be a 'sensitive use'? Inanimate objects or animals can't really be offended in that way (except for that bloke on SS who dresses his dog up in clothes, obviously).

luissantos84 · « **Reply #51 on:** February 13, 2012, 14:01 »

Quote from: gostwyck on February 13, 2012, 13:58

Quote from: Sandeel on February 12, 2012, 06:25
What still confuses me is this:
if you opt out, does that mean that buyers can't use ANY TYPE of your images for sensitive use? Even if there are no faces or people at all in them? Then it could mean fewer sales than previously if the whole portfolio is opted out.

If "no faces or people at all" are in the image then how could it possibly be a 'sensitive use'? Inanimate objects or animals can't really be offended in that way (except for that bloke on SS who dresses his dog up in clothes, obviously).

I know you don´t like LOL but this one is too much eheheh

Elenathewise · « **Reply #52 on:** February 13, 2012, 14:11 »

Quote from: gostwyck on February 13, 2012, 13:58

Quote from: Sandeel on February 12, 2012, 06:25
What still confuses me is this:
if you opt out, does that mean that buyers can't use ANY TYPE of your images for sensitive use? Even if there are no faces or people at all in them? Then it could mean fewer sales than previously if the whole portfolio is opted out.

If "no faces or people at all" are in the image then how could it possibly be a 'sensitive use'? Inanimate objects or animals can't really be offended in that way (except for that bloke on SS who dresses his dog up in clothes, obviously).

"Sensitive uses" will be a small fraction of the licenses secured by these high volume buyers, but participation gives you full access to all of the sales opportunities that these buyers provide.
What this means to me is that if you opting out of "sensitive use", you opting out of ALL sales opportunities that big volume buyers provide. No sensitive use - no big sales, regardless of what your portfolio content is, faces or no faces. Correct me if I am wrong, I'd like to be.

pancaketom · « **Reply #53 on:** February 13, 2012, 15:22 »

As I understood it your portfolio would not be available for sensitive use sales, but otherwise nothing would change if you opted out. I'd like to see a per image opt in or out or at least by model (or model release). I have opted out, but I'd opt in my self portraits if that was an option.

- and don't be so sure that anyones "real" engineers, etc. couldn't be used for political endorsements or medical ads or online dating endorsements etc.

RT · « **Reply #54 on:** February 13, 2012, 16:10 »

Quote from: Elenathewise on February 10, 2012, 12:28

In the model release, we say the image will not be used in "defamatory" manner - appearing on some sensitive issues ads would definitely qualify as "defamatory" for some people.

Which is the very reason I've opted out from their scheme, to opt in you could be deemed as knowingly breaching your own contract which you signed with the model. SS are, IMO, being very sneeky in this move, they're asking you for your permission to void the 'defamation' clause in the model release you uploaded for the image - in other words covering their backside should the model decide to take legal action.

As for missing out on other sales from these 'top ad agencies' are we to believe that these agencies will get different search results and only be able to download images from those opted in to the sensitive issues scheme, I find that hard to believe, I've re-read the email and view that statement as an almost empty threat type of scare statement.

lisafx · « **Reply #55 on:** February 13, 2012, 18:38 »

Quote from: RT on February 13, 2012, 16:10

they're asking you for your permission to void the 'defamation' clause in the model release you uploaded for the image - in other words covering their backside should the model decide to take legal action.

I don't think this would be very reassuring to customers either. Couldn't they be on the hook for usage violating the model release as well? At the very least, wouldn't they have to stop using the image if the model pursued legal action?

Just spitballing here, but it seems like a more airtight solution for SS, if they want to offer something like this, would be to allow a per image opt in with an appropriate model release, and create a special collection with the opted in images.

Sandeel · « **Reply #56 on:** February 16, 2012, 06:59 »

Quote from: Elenathewise on February 13, 2012, 14:11

Quote from: gostwyck on February 13, 2012, 13:58
Quote from: Sandeel on February 12, 2012, 06:25
What still confuses me is this:
if you opt out, does that mean that buyers can't use ANY TYPE of your images for sensitive use? Even if there are no faces or people at all in them? Then it could mean fewer sales than previously if the whole portfolio is opted out.

If "no faces or people at all" are in the image then how could it possibly be a 'sensitive use'? Inanimate objects or animals can't really be offended in that way (except for that bloke on SS who dresses his dog up in clothes, obviously).

"Sensitive uses" will be a small fraction of the licenses secured by these high volume buyers, but participation gives you full access to all of the sales opportunities that these buyers provide.
What this means to me is that if you opting out of "sensitive use", you opting out of ALL sales opportunities that big volume buyers provide. No sensitive use - no big sales, regardless of what your portfolio content is, faces or no faces. Correct me if I am wrong, I'd like to be.

Thanks a lot for your thoughts.

I was thinking of any sale for sensitive subjects - let's take a random example. Say you have a closeup of a hand inserting an injection into an arm. The buyer might be uncertain if the use for a drug addiction or AIDS or something like that is allowed. I don't know how the situation looks from the buyer's point of view if the portfolio is opted out. Obviously the contributer wouldn't have a problem with that kind of picture being used for a sensitive use, but would the buyer still be free (or feel free) to use it?