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Exclusivity restrictions ?

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webdataCLOSED
Member is a Silver contributor and has 2,500 - 9,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:04PM
I found it interesting that the non-exclusive agreement was written with precise legal wording while the exclusive agreement read more like a press release.
PaulCowan
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:09PM
You read the press release. Click on Yes and you get the legalese.
webdataCLOSED
Member is a Silver contributor and has 2,500 - 9,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:09PM
If you click "yes" and get the legalese can you still opt out at that point?
Sirimo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto VideographerThis user has the power to wield the BanHammer, a weapon forged in the fires of hell for that get-off-my-planet quality you can't get anywhere else. You betta reckonize.
Posted Tue Jan 4, 2005 7:15PM

Portfolio are made to convince companies to hire us and -at least, in countries like France- it would not be possible to ask any employer to buy stock images at istock in order to check our abilities in photography or illustration... the best way is to provide a few example of our abilities -including photography and illustration- for free in our personnal online portfolio...


No one has said you can't send out your portfolio on CD or online (or any other format). What is specifically talked about it is stock photography. You wouldn't expect that after giving a prospective company your portfolio that they would use it as stock in their next commercial would you ? No. In fact you'd probably sue them, or at least claim payment. It is fine to send out your work for review like that.


1) Being a small design firm owner, I was planning to upload a portfolio with 4-5 free design based wallpapers (self-creations), can't I offer them if I am istock exclusive?


If your talking about wallpaper designs as promotional tools then of course you can. You just can't give away images as stock. There is a big difference between the two. A promotional piece will of course have some kind of copyright information on it, or at very least have information to promote you or your business. Offering images, with no method of stopping their use as stock, for download at 'stock sizes' would be deemed a violation of the agreement.

Perhaps the easiest way would be to mark any wallpapers with your logo or business name and have downloaders agree to a download agreement. Something along the lines of 'Download for personal use only, for commercial use please purchase from www.istockphoto.com/...'

As a side not I've just started to upload each image I'm selling to part of my site with watermarks. The images are no use to someone as stock, but each image links back to it's closeup page on istock. So if a viewer wishes to buy the image they can. Maybe you can engineer something similar ?
PaulCowan
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:24PM

If you click "yes" and get the legalese can you still opt out at that point?



Yes
dgilder
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:29PM

What is specifically talked about it is stock photography.


Gotta disagree with you on that one Simon, while I believe iStock's intent was to only cover RF stock photography, the actual language of the agreement is broad enough to pretty much cover everything, and it does not specifically say anywhere in there: "All portions of this agreement apply only to images licensed under a royalty free commercial stock license." If it did, I would have had no problem with signing up.

(Edited on 2005-01-04 07:33:04 by dgilder)
Sirimo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto VideographerThis user has the power to wield the BanHammer, a weapon forged in the fires of hell for that get-off-my-planet quality you can't get anywhere else. You betta reckonize.
Posted Tue Jan 4, 2005 7:31PM
YES it does at the start:

Background of Agreement

If you have access to this Agreement, you qualify for the exclusivity program of iStockphoto, Inc. ("iStockphoto”) whereby in return for increased compensation, artists agree to provide exclusivity to iStockphoto for their entire portfolio of royalty free stock imagery.
upsidedowndog
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto Illustrator
Posted Tue Jan 4, 2005 7:35PM
As a side not I've just started to upload each image I'm selling to part of my site with watermarks. The images are no use to someone as stock, but each image links back to it's closeup page on istock. So if a viewer wishes to buy the image they can. Maybe you can engineer something similar ?


This is something I was planning on doing myself - personal promotion of my iStock photos from my own site, with links back to the iStock versions for purchase (as soon as I can get around to a site redesign!)
Sirimo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto VideographerThis user has the power to wield the BanHammer, a weapon forged in the fires of hell for that get-off-my-planet quality you can't get anywhere else. You betta reckonize.
Posted Tue Jan 4, 2005 7:36PM
Don't mention about the site design please UDD. I've just not had time.
sjlocke
Member is a Black Diamond contributor and has more than 200,000 Photo downloadsMember is a Gold contributor and has 5,000 - 12,499 Video downloadsMember is a Bronze contributor and has 125 - 1,249 Audio downloadsMember is a Silver contributor and has 2,500 - 9,999 Illustration downloadsExclusiveExclusive iStockphoto IllustratorExclusive iStockphoto Videographer
Posted Tue Jan 4, 2005 7:37PM
I haven't read it yet, but where does all this video, code, etc... stuff come from, if not from the exclusive agreement?
dgilder
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:41PM
Later down in the agreement:


Provision of Exclusive Content

In this Agreement, "Exclusive Content” means all: (i) photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material produced by Supplier ("Content”);



Simon, thanks for pointing that out, but I'm still not sure how much weight the background of an agreement holds compared to the other terms laid out in the actual agreement.
stayorgo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto Illustrator
Posted Tue Jan 4, 2005 7:54PM
And I thought the NHL contract negotiations were tough!

I think what Istock needs to supply is a line by line or paragraph by paragraph discussion of the intent within each section of the agreement and provide solid definitions of what is expected and what is allowed.

That might allow everyone to see exactly what Istock expects.
Sirimo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto VideographerThis user has the power to wield the BanHammer, a weapon forged in the fires of hell for that get-off-my-planet quality you can't get anywhere else. You betta reckonize.
Posted Tue Jan 4, 2005 7:56PM
Those terms are in the non-exclusive agreement as well as previous agreements. I think it's there 'in-case' istock decided to start selling RF video clips, or code, etc. Then, if you didn't want to sell under those terms you could leave as defined in the agreement.
dgilder
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 7:57PM
One other thing I noticed was that the model release bit seems to require a model release for any photo with a person in it. I thought that used to say a recognizable person, but I may be mistaken.
dgilder
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Tue Jan 4, 2005 8:00PM
iStock defining them that way in the old, non-exclusive agreements, did not have the same connotations as it does in the new, exclusive agreement.
sjlocke
Member is a Black Diamond contributor and has more than 200,000 Photo downloadsMember is a Gold contributor and has 5,000 - 12,499 Video downloadsMember is a Bronze contributor and has 125 - 1,249 Audio downloadsMember is a Silver contributor and has 2,500 - 9,999 Illustration downloadsExclusiveExclusive iStockphoto IllustratorExclusive iStockphoto Videographer
Posted Tue Jan 4, 2005 8:06PM
I agree. There is no reason to be greedy and exclude those who already participate or plan to participate in that kind of market, on the off/on chance that istock may choose to go down that route. At the time it is necessary, it should be added as separate agreements, per market.

This agreement should cover what is currently on istock now. Imagery and flash.
Sirimo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto VideographerThis user has the power to wield the BanHammer, a weapon forged in the fires of hell for that get-off-my-planet quality you can't get anywhere else. You betta reckonize.
Posted Tue Jan 4, 2005 8:09PM
It does cover it. Flash files can include both action script(code) and movies.
Jamesmcq24
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a Bronze contributor and has 250 - 2,499 Illustration downloadsExclusiveExclusive iStockphoto IllustratorExclusive iStockphoto Videographer
Posted Tue Jan 4, 2005 8:11PM

It does cover it. Flash files can include both action script(code) and movies.


but how far does the code snippet reach? If I was to sell or give away PHP scripts for example, would that be a violation?
Sirimo
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto VideographerThis user has the power to wield the BanHammer, a weapon forged in the fires of hell for that get-off-my-planet quality you can't get anywhere else. You betta reckonize.
Posted Tue Jan 4, 2005 8:14PM
I can't say conclusively, but I'd assume not. iStock doesn't deal in PHP scripts. If you want a more definitive answer I'm sure support will help out.
ispain
Member is a Silver contributor and has 2,500 - 9,999 Photo downloadsMember is a Bronze contributor and has 250 - 2,499 Illustration downloadsExclusiveExclusive iStockphoto Illustrator
Posted Tue Jan 4, 2005 8:14PM
Thank you Simon, understood, yes I can do it that way For some minutes I was a bit afraid thinking that any art created by me could be owned by istock
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