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^Hanratty-Stock:iconHanratty-Stock: reports, 15h 25m ago
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Resources


Micro-stocks, copyrights and legality

=Marie-Aude:iconMarie-Aude: reports, May 7, 2008
Stock Photos can be found all around the web, here at Deviant Art, with precise licences, or in Image banks like Getty, Fotolia or Shutterstock.

The huge price difference between Getty, for example, on one hand, and the "micro stock", which prices around 1 or 2 euro, is quite difficult to understand for Mr. Smith, and generates an overall feeling "Photographs are overpaid, and images should be for free, or nearly".

But actually, when you look into the general conditions of these stocks, you discover an astonishing point : the bank, which displays everywhere "Free of rights images" actually gives absolutely no warranty about that.

If, in any case, you would breach a copyright, by using, according to their terms, an image you bought on their website, they are not responsible.
If, in any case, somebody would use one of your image, sold by somebody else through the Bank, they would not be responsible.

But they are the vendors.

One of them, Fotolia, even tries to place all its transactions, worldwide, under NY law.
I don't know about NY law, and I don't know whether it is legal or not to force all transactions as being "between professionals", but I know that in Europe, this is not legal.
I know that, at least in Europe, a professional is really one, and not a private person who buys on a website one image for his blog.
I know that, in most European countries, the private customer is protected, and for example, can decide to sue a Bank in front of a European court, because he is a private person.

I also know other online banks, which do not exonerate themselves from their responsibilities. And, strangely, the price suddenly increases, we are not speaking anymore of 1 to 3 euro, but 50 to 200.
Because making sure you are allowed to sell what you sell, and taking responsibilities for that means checking upfront, managing, and that implies much higher operational costs.

DeviantArt is really an intermediary. When I take here a Stock Image, I download it from the page of the photographer, I see his terms, and when I don't follow them, he will sue me. And DeviantArt, though being just an intermediary, tries to do its best to protect our rights.

"Expensive image banks" are also protecting me, either as a photographer, or a customer.

Cheap ones... well, I don't really know what they sale. I have a friend who bought images by Fotolia, and was they sued by the real owner of the rights, and had to pay more than 1.000 euros (1.500 USD) to him. That is what a 1 euro photo can cost !

There are more details on my blog, about how Fotolia is not applying the law, but this is in French only...

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*hfpierson:iconhfpierson: May 7, 2008, 9:58:53 PM
Thank you for writing this! I have been with Alamy for years, and they did go after an end user who used my work in a media not designated in the agreement. I would have been on my own in a micro-stock house. Stock houses are, in actuality, the photographer's agent for that sales channel. Picking a stock house should be done with the same care as picking an agent.
*Wodewose:iconWodewose: May 8, 2008, 2:19:05 AM
So-called micro-stock agencies are a major blight on the whole image market. If you're prepared to sell a photo you took for mere cents, then you're not only undervaluing your own work, but undermining the efforts of real professionals charging professional prices elsewhere. That the online agencies may be treading in legally dubious waters doesn't surprise me in the least.
There are decent, reputable online image banks: I've sold a handful of pictures - not enough to call it an income, but at least at fair prices each time - through Photographers Direct [link] which brands itself as fair trade stock photography.

--
Read my column, my poetry, interviews and short stories at AidanSemmens.co.uk
^kkart:iconkkart: May 8, 2008, 3:01:47 AM
I really have to disagree here with you being that I sell both RM and RF, on Alamy & Phtoshelter, along with Dreamstime and Shutterstock.

The business models are totally different from Macro stock to Micro stock, and honestly, I make a LOT more selling on microstock than I do macro. It isn't about selling your image for cheap, it IS about how many times that image is downloaded. All I can tell you is this, it has allowed me to pay my bills, buy new gear, and my bank account sure as heck isn't hurting me either!

You aren't undervaluing your work, you are making it marketable. You have to think of it almost along the lines of restaurant concept, the micros are the all you can buffet, where as the Macros are the steak houses. The buffet gets a LOT more people and is a LOT cheaper, where as the steak houses get fewer people but cost a great deal more.

In the end, it all boils down to one thing----$. And they both do that, just that microstock sales come a LOT Faster.

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deviantART Gallery Moderator of Photography>Animals, Plants & Nature
Join me in the Photography>Animal, Plants & Nature Chat [link]

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^kkart:iconkkart: May 8, 2008, 3:03:03 AM
Actually that must depend on which micro you are with, because Shutterstock and Dreamstimes are pretty hardcore with this, in chasing people down who violate the contracts

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deviantART Gallery Moderator of Photography>Animals, Plants & Nature
Join me in the Photography>Animal, Plants & Nature Chat [link]

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^kkart:iconkkart: May 8, 2008, 3:06:38 AM
Ok deviantARt is hardly a site for stock photography, and honestly comparing the images here to an actual stock agency is almost a joke. Talk about apples to oranges.....

Also, NY Law, as you mention with Fotolia, means US copyright law....as NY is in the USA.

Micro stock agencies actually DO after people who violate their terms, with respect to useage of images. Everyone is required to sign a contract, photographers and image buyers.

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deviantART Gallery Moderator of Photography>Animals, Plants & Nature
Join me in the Photography>Animal, Plants & Nature Chat [link]

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=Marie-Aude:iconMarie-Aude: May 8, 2008, 5:02:07 AM
Well, as was not speaking about Fotolia in the US, but Fotolia in Europe. The laws in Europe and in US consider usually that when a website sells something to a local private person, that's the law of this country that applies.

That's the reason why Ebay had to block nazi paraphernalia in Europe where they are forbidden. Though, Ebay is a US website.
Other example, Wikipedia, which is a US fundation, has been sued for copyright infringement in France, and condemned, according to French law.

Anyway my point is not to say micro-stocks should be banned. It is to say that

1- they don't take responsability for what they sell. When you're a customer buying a free of rights image, you should be entitled to the warranty from the vendor that the image is actually free of right, no ?
2- if they had to take responsability, they would have to make their prices higher.

--
Marie-Aude

Morocco, my second country : Voyage au Maroc
Lumiere de Lune : Photos and webdesign in Morocco
Busby SEO Challenge
=Marie-Aude:iconMarie-Aude: May 8, 2008, 5:03:23 AM
Alamy is definitively in my list of good stock agencies.
I saw their conditions, and was impressed.
Also, they ask for high definition files, which is a good way to ensure copyright

--
Marie-Aude

Morocco, my second country : Voyage au Maroc
Lumiere de Lune : Photos and webdesign in Morocco
Busby SEO Challenge
=Marie-Aude:iconMarie-Aude: May 8, 2008, 5:03:49 AM
I appreciate the feed back.
I think I'm going to make a list of "good ones"

--
Marie-Aude

Morocco, my second country : Voyage au Maroc
Lumiere de Lune : Photos and webdesign in Morocco
Busby SEO Challenge
=Marie-Aude:iconMarie-Aude: May 8, 2008, 5:05:31 AM
Yes, but what happens if someone buys an image to Shutterstock, and then is sued by the copyright holder, for any kind of good reason ? (Including his image was stolen, or the model release was fake).
Shutterstock refuses to take responsability

--
Marie-Aude

Morocco, my second country : Voyage au Maroc
Lumiere de Lune : Photos and webdesign in Morocco
Busby SEO Challenge
 

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