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Author Topic: Late breaking news: New EULA  (Read 12022 times)

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« on: August 15, 2008, 18:32 »
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I just received this email:

 



After careful consideration of the feedback we've received from the community over the past couple of weeks regarding the soon to be released Photos.com Plus and Jupiterimages Unlimited Plus, we will be making several changes to incorporate your concerns and address key issues. While we hope these changes will be viewed as positive, we will explain them in detail here so you can quickly and easily decide for yourself. As with our last email, we're choosing to include a great deal of detail so you can better understand the issues. Please accept our apologies for the length.

Of 1.8 million images available for licensing on Stockxpert, as of today about 1.3 million are available for inclusion in subscriptions (and growing at about 30,000 a week). So why are we making these changes? Two reasons: first, we want as many contributors as possible participating in these new opportunities, and; second, you were right. Options like extended licenses have value and we should be charging extra for them.

As you'll recall, the new Photos.com Plus (Photos.com+) subscription plan is an extension of Photos.com, one of the oldest and most popular photo subscriptions on the internet. The second opportunity is the coming launch of the Jupiterimages Unlimited Plus subscription, or JIU+. Jupiterimages Unlimited is one of the fastest growing subscription businesses at Jupiterimages and we're excited to add the fresh, stylized images of Stockxpert to the collection.

As both of these new subscriptions are extensions of existing subscriptions with many, many customers, we were faced with the difficult task of creating an end user license agreement (EULA) that met the expectations of current customers as well as contributors. Based on your feedback, we're making the following changes.

Photos.com Plus

We will revise our Photos.com Plus EULA, introduce new extended license options, and adjust our single image pricing.

We will be introducing an Extended License option on Photos.com Plus. It will be sold for $100, and it will grant license for one of the following: physical items for resale , print runs in excess of 250,000, or a 10 user multi-seat license. This was a late addition to Photos.com+, so we had to get creative in how we could build this functionality into the product. Photos.com+ does not support selling a discreet image resolution and a separate extended license, so our solution was to create a new purchase option which would include these rights and the image file itself. As such, logically the extended license option will include the highest resolution JPG or EPS PPD image available.

We have revised and simplified the pricing for single image downloads in two of three instances. Pay per download (PPD) for the two highest resolutions is available to non-subscribers, Photos.com-only subscribers and Photos.com+ subscribers. PPD prices were to be higher for non-subscribers ($219.95/$299.95) and Photos.com-only subscribers ($179.95/$239.95). Based on customer feedback, we think these price points are out of line with the market. We will instead be charging the same price for PPD regardless of whether you're a subscriber or not, and if so, what subscription you have. At launch, all PPD pricing will be at the Photos.com+ subscriber rate, which will be as follows:

     EPS - $50/image (standard license)
     Super (roughly XL on Stockxpert) - $50/image (standard license)
     Extended License - $100 - Includes the highest resolution PPD JPG image available
     or the EPS and a choice of one of the following: physical items for resale, print runs
     in excess of 250,000, or a 10 user multi-seat license.

Now ideally, a Stockxpert contributor should be able to be opted in to subscriptions but opted out of selling extended licenses (although we would hope most would be opted into both). Unfortunately, as this is a last minute change, at launch we will not be able to distinguish between these two settings. So if you want to participate in Photos.com+, you will have to be opted into BOTH subscriptions and extended licenses. We will fix this issue in a patch release within a few months.

Make sure the following boxes are checked in your profile:

     5. Extended License settings
     7. Subscriptions at Stockxpert.com

We will exclude the following usages from the standard Photos.com EULA (which covers Photos.com and Photos.com Plus):

     a. Physical Items for Resale
     b. Print Runs in excess of 250,000
     c. Multi-seats for pay-per-download images
Jupiterimages Unlimited Plus

At launch, we will not be able to sell an extended license on the site although we will be able to do so when a customer calls in, which is what we expect to happen in most cases anyway. This limitation will be messaged in the image details window on JIU+. Accommodating this change in JIU+ proved much more problematic. Our solution for launch is not ideal but again, as with Photos.com+, we will follow up with a patch release in a couple of months to add better functionality and the ability to buy an extended license right from JIU+.

We will revise our JIU EULA and, later, introduce a new extended license option.

We will exclude the following usages from the standard JIU EULA (which covers JIU and JIU+) only for StockXpert content:

     a. Physical Items for Resale
     b. Print Runs in excess of 250,000

Timing

Photos.com+ is launching on or about August 20th. If, based on these changes, you now want to participate in the launch of Photos.com+ and JIU+, you may opt-in at any time. We will update Photos.com Plus and JIU+ with Stockxpert images roughly on a weekly basis.

Image Size Categories

Throughout our communication with you regarding Photos.com+ and JIU+ we have been framing image sizes in context of the Stockxpert sizing standard. As you may have noticed on Photos.com, however, image size categories are different than image size categories on Stockxpert. Because of this there are some discrepancies when mapping Stockxpert images to Photos.com categories.

On Photos.com, only "Super", "Ultra", and EPS sized files are sold as PPDs. "Super" roughly equates to an "XL" Stockxpert image, and an "Ultra" roughly equates to an "XXL" Stockxpert image. An image is categorized as "Super" if its longest side has a length between 3300 and 4824 pixels. An image is categorized as "Ultra" if its longest side is longer than 4824 pixels. If, however, your Stockxpert "XXL" image falls below the pixel length range for an "Ultra", it will be available as a "Super" PPD and EL. We have updated the product grid at http://www.stockxpert.com/lpages/contributor for more information on mapping image size categories.

Going Forward

Later in the year we're going to investigate the possibility of having one EULA for any subscription which includes Stockxpert content. We believe this will go a long way toward simplifying these kinds of issues for contributors and customers alike. If it turns out that this is not practical, for subscriptions that do not conform to the standard Stockxpert subscription EULA, we agree that we should offer specific opt-outs for each non-conforming subscription.

As always thank you for your continued patience, support, and feedback as we work through and implement these changes. If you have any questions, please don't hesitate to contact us at [email protected].

Best regards,
- The Stockxpert Team


helix7

« Reply #1 on: August 15, 2008, 18:40 »
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Excellent news. Thank you.



« Reply #2 on: August 15, 2008, 18:58 »
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Does this mean its safe to go back in the water  :)

« Reply #3 on: August 15, 2008, 19:08 »
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I'm not sure what it "really" means.  It "sounds" good, but I waiting for the brains of MicroStockGroup to tell us what it actually means  ;D

« Reply #4 on: August 15, 2008, 19:16 »
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I was clearing spam and found that message, It looks like they addressed my main complaints and concerns (EL like usage of subscriptions). I'll have to read the fine print a bit more and see what others think they see, but I am tentatively planning on opting back in. I am glad they provided the option to opt out and noticed that some of us were unhappy and concerned.

--=Tom

DanP68

« Reply #5 on: August 15, 2008, 19:30 »
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I had a feeling the EULA would be changed.  Good news, and I am opting-in again.

ironarrow

« Reply #6 on: August 15, 2008, 19:48 »
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Great change.. StockXpert did what it should have done..

But..

I am not opting-in yet as I did quite well without subs :D if I continue to do well I might stay out as long as it goes this way..

If I see any of you saying you are doing amazing because of photos.com I might consider opting-in again..

Anyway, thanks Steve and StockXpert.. you have done the right thing..

If only the subs commissions went up :)

« Reply #7 on: August 15, 2008, 19:57 »
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It covers my main objections, so I am considering opting back in.  Basically, the biggest concern was the EL rights under the old EULA and not being able to opt out.   Now the EL rights are fixed in both cases it definitely becomes more appealing.

« Reply #8 on: August 15, 2008, 20:02 »
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From what I read in the above message, it seems to be ok.  May be I should wait to see the new EULA directly from the photos.com site...

I never opted in subs at StockXpert.  But now I am thinking about it because:
- The way StockXpert reacted to what I consider a bad move from them.  I don't know of any other site that listen that much to their contributors, from public forums AND from their own.
- The new EULA seems in line with what I accept on other subs sites; so I think it is fair to give them the same treatment.

So I'll take a few days to think about it and decide  if I opt in   ;)

Claude
« Last Edit: August 15, 2008, 20:30 by le_cyclope »

« Reply #9 on: August 15, 2008, 20:17 »
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Viva la Revolution!

cphoto

  • CreativeShot.com
« Reply #10 on: August 15, 2008, 20:24 »
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That's indeed great news!

But my only concern now is the size discrepancies between StockXpert and Photos +.
Most of my XL images with StockXpert are 3000x2000, so my understanding is that they would not qualify for PPD on Photos + because to be XL you have to be 3300 pixels on the largest size.

Am I understanding it right?

« Reply #11 on: August 15, 2008, 20:36 »
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On Photos.com, only "Super", "Ultra", and EPS sized files are sold as PPDs. "Super" roughly equates to an "XL" Stockxpert image, and an "Ultra" roughly equates to an "XXL" Stockxpert image. An image is categorized as "Super" if its longest side has a length between 3300 and 4824 pixels. An image is categorized as "Ultra" if its longest side is longer than 4824 pixels. If, however, your Stockxpert "XXL" image falls below the pixel length range for an "Ultra", it will be available as a "Super" PPD and EL.

Ah.... yes.  The "Super" is just short of a 16mp camera and that excludes a majority of us from PPD's.

But does that exclude us from subscribers Photos.com's?

Should I be jumping around screaming whoo-hoo, I qualify for 30 cent downloads only!!! or am I missing something?

« Reply #12 on: August 15, 2008, 20:43 »
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On my 40D, the longuest side is 3888 px; so my 10 Mpx Canon qualify for a Super but not an Ultra.

Pixart, you should re-do your math!  ;)
Claude

« Reply #13 on: August 15, 2008, 20:48 »
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3300 roughly equal to 7MP and Ultra to 15MP if I do my math ok.


cphoto

  • CreativeShot.com
« Reply #14 on: August 15, 2008, 20:49 »
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On my 40D, the longuest side is 3888 px; so my 10 Mpx Canon qualify for a Super but not an Ultra.

Pixart, you should re-do your math!  ;)
Claude

Yes, but on the 10D images are 3072 x 2048, so even if they have been XL for ever on StockXpert and other micro, they will be now L with Photos + and will not qualify for PPD.  That sucks because my 600+ pictures are 3000x2000 :(

« Reply #15 on: August 15, 2008, 20:50 »
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Thanks Claude, for some reason I was multiplying 3300 x 4824.  

I knew I would look really stupid if I typed the word whoo-hoo.  

« Reply #16 on: August 15, 2008, 20:58 »
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Quote
Should I be jumping around screaming whoo-hoo, I qualify for 30 cent downloads only!!! or am I missing something?

It seems that any size would qualify for the EL as the following is mention:

Extended License - $100 - Includes the highest resolution PPD JPG image available

It looks good but I still have to think about this. Denis


« Last Edit: August 15, 2008, 21:00 by cybernesco »

« Reply #17 on: August 15, 2008, 21:10 »
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Quote
Should I be jumping around screaming whoo-hoo, I qualify for 30 cent downloads only!!! or am I missing something?

It seems that any size would qualify for the EL as the following is mention:

Extended License - $100 - Includes the highest resolution PPD JPG image available

It looks good but I still have to think about this. Denis


Oops... I could be wrong on the above mention as the EL would have to be qualified as  PPD first which dictate the size super or ultra?  Denis

cphoto

  • CreativeShot.com
« Reply #18 on: August 15, 2008, 21:12 »
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Quote
Should I be jumping around screaming whoo-hoo, I qualify for 30 cent downloads only!!! or am I missing something?

It seems that any size would qualify for the EL as the following is mention:

Extended License - $100 - Includes the highest resolution PPD JPG image available

It looks good but I still have to think about this. Denis




Not really because a 6MP image would not be XL with photos + hence not available with PPD...
So according to the EULA if the image is not available in PPD, it will be not available as EL.

« Reply #19 on: August 15, 2008, 21:12 »
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Its great that everyones concerns have been listened to and that once again changes were made because of contributors concerns. restores some faith :):)

basically I read it as sub price doesn't include el licence but the ppd is now cheaper (and probably more likely to get the sale?).  Personally I'm no fan of subs at all, but accept that is part of the nature of the business and this has addressed my main concerns with photos.com and so I will opt back in (but will watch what happens with JIU. when it comes about)

Phil


« Reply #20 on: August 15, 2008, 21:20 »
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Anyway, XL or XXL files will still sell for a meager $0.30 royalty on JIU+, instead of $5 or $7.5 on StockXpert. No PPD there. I'll stay opted out, thanks.

« Reply #21 on: August 15, 2008, 21:35 »
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Well I am impressed that they really did listen to us and even more impressed that they took action on what we said. I guess it goes to show that we really do have the power to bring about change. Thank you Steve and the StockXpert and JI teams. Your level headed business response to the situation is greatly appreciated.

I am sure that the size discrepancies will be a deterring issue for some if it disqualifies them from PPD on Photos.com. I am not sure if the percentage of images affected will be significant enough to warrant a change or maybe the launch of a smaller (read less expensive) Large size PPD option. I do however suspect that if the volume of images available for PPD is significantly impacted by the sizing issue that it will be addressed.

Ok so now I am off to opt back in to Subs and Photos.com. I think I will still hold off on opting into Partner Licensing until partners are actually announced and we have the opportunity to see how those deals will be structured.

Thanks again StockXpert and JI for restoring a bit of my faith in the Agency side of this Industry.

lisafx

« Reply #22 on: August 15, 2008, 22:29 »
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I agree with Bobby.  Very nice indeed that StockXpert has listened to us! 

I will wait a bit to digest these terms, but my initial reaction is that they have addressed all my concerns about the EULA.  Unless there is some fly in the ointment that I am missing, I will probably be opting back in. 

Thanks Stockxpert and Steve in particular for all the time, thought, and effort you have put into this.  :)

« Reply #23 on: August 15, 2008, 22:45 »
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Looking at the grid they provide, it suggests that purchasing EL will be available on all StockXpert cross-content regardless of size.  I believe the confusion is just from the way they worded the explanation of sizes in their email.   Still, it would be nice to have confirmation one way or the other.

rinderart

« Reply #24 on: August 15, 2008, 23:59 »
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I agree with Bobby.  Very nice indeed that StockXpert has listened to us! 

I will wait a bit to digest these terms, but my initial reaction is that they have addressed all my concerns about the EULA.  Unless there is some fly in the ointment that I am missing, I will probably be opting back in. 

Thanks Stockxpert and Steve in particular for all the time, thought, and effort you have put into this.  :)

Agree.


 

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