2.5 million downloads for free through microsoft!?! Is this legal?

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luba
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Flash downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveMember has had a File Of The Week
Posted Sat Jan 5, 2013 1:50PM

Before anyone says there are other threads about this, they are all locked. And even though many others have complained about the same situation, I think my situation has gone overboard. 


My attention was called to this today, one of my images here is on the microsoft office site for free download to anyone. I was not asked if that image could be used for free download. I put it here to earn. And now I find out that more than 2.5 million people have downloaded it for free! I must say I feel cheated by this. With 2.5 million copies of this image afloat everywhere, the image will be so overexposed that less people would want to purchase an overused image.  I have been an exclusive member for years and this is the kind of protection I get? 


http://office.microsoft.com/en-us/images/results.aspx?qu=love&ex=1#ai:MP900433103|pn:PN000064367|
StanRohrer
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a contributor and has less than 250 Flash downloadsMember is a contributor and has less than 250 Illustration downloadsExclusive
Posted Sat Jan 5, 2013 2:01PM
There are a few of us with this topic posted in the January Bugs thread. Time to address this long running issue!

http://www.istockphoto.com/forum_messages.php?threadid=350221&page=1
slobo
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 125 - 1,249 Audio downloadsMember is a contributor and has less than 250 Flash downloadsMember is a contributor and has less than 250 Illustration downloadsExclusiveExclusive iStockphoto Audio Artist
Posted Sat Jan 5, 2013 2:10PM
What's in this deal for the contributor? Even if Microsoft bought the largest size and paid the most expensive EL that is nowhere near enough to compensate contributor for 2.5 million free downloads.
cmannphoto
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsExclusive
Posted Sat Jan 5, 2013 2:19PM

Here is one of the original threads Microsoft Partnership for Exclusives


and this one but the links don't work any more The Microsoft/iStock Connection...
karenhermannCLOSED
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsExclusive
Posted Sat Jan 5, 2013 2:37PM
cr8tivguy
Member is a Silver contributor and has 2,500 - 9,999 Photo downloadsExclusive
Posted Sat Jan 5, 2013 3:57PM

Amazing that I just recieved a response to my complaint letter I wrote to Customer Support Months ago about this subject. I can't share exactly word for word, because of legal reasons on their email. But they did say there are problems and that they are working on them....Ha Ha...Like I belive theat. Too many problems here at IStock...It's one screw up after another!


I see this as a breach of our contract. Wonder what a lawyer would think!
DonMcGillis
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsExclusive
Posted Sat Jan 5, 2013 4:12PM
Yikes, even at seven cents (which is the lowest payout I think I've heard of) that's $181,701.24 . . . or have I missed a decimal.
cobalt
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 contributor and has less than 250 Flash downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Sat Jan 5, 2013 4:29PM
/
/I have counted over 1.2 MILLION downloads of my files. No copyright name next to them. No license to click and agree to before downloading. And the customer doesn´t even have to register with his name and address before downloading our files.


I am waiting for a reply from support as well. But I am also considering to involve a lawyer. Irrespective of whatever istock and Microsoft agreed upon, Microsoft sells software and understand copyright perfectly well. They would never allow anyone to download a free promotional program or app without agreeing to a license first or without having their trade name visible.


I don´t know about US law, but I know the laws here protect the copyright owner. 


I don´t like to take the legal route, it is so unbelievably, terribly expensive and takes up so much time.


But over 1.2 Million free downloads without my name or a visible license - what exactly is istock expecting me to do?

(Edited on 2013-01-07 05:03:50 by cobalt)
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 Bronze contributor and has 250 - 2,499 Flash downloadsMember is a Silver contributor and has 2,500 - 9,999 Illustration downloadsExclusiveExclusive iStockphoto IllustratorExclusive iStockphoto Flash ArtistExclusive iStockphoto VideographerMember has had a File Of The Week
Posted Sat Jan 5, 2013 4:41PM

Posted By cr8tivguy:
Amazing that I just recieved a response to my complaint letter I wrote to Customer Support Months ago about this subject. I can't share exactly word for word, because of legal reasons on their email. But they did say there are problems and that they are working on them....Ha Ha...Like I belive theat. Too many problems here at IStock...It's one screw up after another!
I see this as a breach of our contract. Wonder what a lawyer would think!


Obviously, if it applies to all of us, there should be no secret.
TheRealDarlaCLOSED
Member is a Silver contributor and has 2,500 - 9,999 Photo downloadsMember is a Bronze contributor and has 250 - 2,499 Illustration downloads
Posted Sat Jan 5, 2013 5:04PM
If anyone gets a lawyer, I see a class action suit in the making.  Everyone together.
magnez2
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsExclusive
Posted Sat Jan 5, 2013 5:14PM

I am lost for words. This is unacceptable. No wonder the sales are down when anyone can access our images for free. Over 2 million free downloads beg for legal action.What is going on istock?
karenhermannCLOSED
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsExclusive
Posted Sat Jan 5, 2013 5:59PM
Posted By JoeGough: 
Anyway, what's the difference from you giving your stuff away with the FIOTW, which is another exclusive 'perk', apart from the volume?

For one thing, the fact that in at least some of the cases, all copyright info has been stripped away and the images are shown to be in the public domain??  
Orchidpoet
Member is a Silver contributor and has 2,500 - 9,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsExclusive
Posted Sat Jan 5, 2013 6:09PM
It's interesting to note that iStock is not the only agency to provide free images, look at this http://office.microsoft.com/en-us/images/MP900440294.aspx
tjhunt
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsExclusiveMember has had a submission accepted to the Designer Spotlight
Posted Sat Jan 5, 2013 6:30PM
Looks like the pages on this part of the MS office site aren't indexed, so a reverse image search won't work for this particular site. If people want to browse for their photos (rather than just searching keyword by keyword), it looks like "istockphoto" is a consistent tag for these partner photos. Here's a link to all images w/ that keyword: http://office.microsoft.com/en-us/images/results.aspx?qu=iStockphoto#pn:PN000064367|


What's up, iStock? I did a reverse image search on one of the photos available on this site - a peacock photo - and it was available full size on someone's blog! Imagine how many people unwittingly re-post the full size images to their sites because there is no obvious license or usage information through this MS partner site. Now anyone that knows how to reverse image search has a decent chance of getting a free, full-size image because of this. What a horrible, short-sighted way to get some traffic. How can we opt out?

(Edited on 2013-01-05 18:31:23 by tjhunt)

(Edited on 2013-01-05 18:31:55 by tjhunt)
cmannphoto
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsExclusive
Posted Sat Jan 5, 2013 6:32PM
^ I found multiple commercial uses using Google Image Search and using the MS image #
Fertnig
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsExclusiveMember has had a File Of The Week
Posted Sat Jan 5, 2013 6:33PM
We have to have an opt out of this.
laughingmango
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a contributor and has less than 250 Video downloadsExclusiveExclusive iStockphoto Videographer
Posted Sat Jan 5, 2013 6:41PM
is this even legal to give away our images?
karenhermannCLOSED
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsExclusive
Posted Sat Jan 5, 2013 6:42PM
Posted By Fertnig:
We have to have an opt out of this.

We have asked.  Multiple times.  Repeatedly.  We could never get an answer from HQ.  Other contributors pointed out that this falls under allowable promotional use in our ASA, but we never got an official answer.  
JoeGough
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a contributor and has less than 250 Flash downloadsMember is a contributor and has less than 250 Illustration downloads
Posted Sat Jan 5, 2013 6:47PM
Posted By Fertnig:
We have to have an opt out of this.

You already have one __ drop your exclusive status. Not sure it would remove existing images but at least it would stop any more being migrated there.
koi88
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsMember is a Bronze contributor and has 250 - 1,249 Video downloads
Posted Sat Jan 5, 2013 7:16PM

Expect an answer like "Your concern is understandable. We are looking into this matter and will inform you in our next newsletter (which, of course, doesn't happen). Until then, this thread is locked."


 
This thread has been locked.
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