Summary of the Microsoft Deal

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Displaying 1 to 20 of 110 matches.
iStockLawyer
Member is a contributor and has less than 250 Photo downloadsForum Moderator
Posted Tue Jan 8, 2013 4:47PM
iStockphoto entered in to a license agreement with Microsoft in December 2007 under which it agreed to license content to Microsoft for its use in the Artist Spotlight (which has been discontinued) and the online version of Office.

All of the contributors whose content was licensed to Microsoft were opted in for promotional use. Promotional use includes not only promotional use for a particular contributor but also the istock business, site and files.

A total of approximately 6,000 small and medium files from exclusive contributors were delivered to Microsoft under the Agreement. No content has been provided to Microsoft since early 2010.

Under the Agreement, Microsoft agreed to make the content available under the terms of a license, which they are. As sjlocke pointed out the license is at http://windows.microsoft.com/en-US/windows-live/microsoft-services-agreement - section 8.1 is the relevant section. The link for this page is called ‘legal’ and can be found at the footer of every office.com page. Under the terms of this license, end users are prohibited from, among other things, distributing copies of the content outside of their projects and documents created with Office.com.

Additionally, Microsoft is required to attribute iStockphoto as the provider of the content, which includes a link to the iStock site. This is also being done. The link is to the landing page for this deal.

The attribution is not personal to the contributor. That was not a requirement of the agreement with Microsoft, nor is it a requirement under our agreement with you (section 4(d) of the ASA Exclusive).

Microsoft will work with us to address any issues of compliance with Microsoft’s EULA. Downloads in and of themselves through the Office product do not constitute infringement. Where you see or become aware of content licensed under this agreement being used outside of the terms of the Microsoft EULA (and it is not a license through iStockphoto.com or other applicable Getty Images property), as with all suspected infringement issues, please contact ce@iStockphoto.com. In order for us to investigate these issues (together with Microsoft), you must send your information to CE. We are not able to use the forums as a reporting tool.

(Edited on 2013-01-08 16:48:17 by iStockLawyer)
Lobo
Mask of the Diablo Azul - Member has won between 1 and 3 Steel Cage matchesThis 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.Forum Moderator
Posted Tue Jan 8, 2013 5:03PM
Keep it on topic, folks. Keep it civil.
dhanford
Member is a contributor and has less than 250 Photo downloadsMember is a contributor and has less than 250 Flash downloadsMember is a Silver contributor and has 2,500 - 9,999 Illustration downloadsExclusive iStockphoto IllustratorMember has had a submission accepted to the Designer Spotlight
Posted Tue Jan 8, 2013 5:10PM
Thank goodness, everything is okay now.
RichLegg
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is an InspectorExclusiveAwarded to fabulous photographers with more than 100,000 downloads
Posted Tue Jan 8, 2013 5:16PM
I have several images involved in this deal and I personally have no problem with them being used to market iStock in this way.  My pics have been downloaded several hundred thousand times over there (based on Microsoft's accounting), but I feel that the cost to me personally in real dollars is extremely minimal (if at all) and the exposure to iStock and us contributor's portfolios outweighs it.  This is nothing I'm going to lose any sleep over.
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 Tue Jan 8, 2013 5:36PM
The original stated intent ( and I'm assuming the agreement between the parties stated this ) of this was for personal use, and the page was to direct to the iStock page for the user to purchase a commercial license.

Unless a new agreement has been made, it would seem Microsoft is in violation of the agreement.

Also, the intent ( and the reason people signed up in the first place ) was to have the content there to translate into sales for commercial licenses, as mentioned above, not to promote a general landing page for the website.

If I had any feeling this benefitted us, I might not care. However, I see no reason why anyone would not just download from that page and go on about their business.

Also, the ASA states that iStock is the 'exclusive' licensor for 'exclusive' content, so I can't see how we would fall under the MS license.

Just some thoughts.

(Edited on 2013-01-08 17:53:21 by sjlocke)
jamesbenet
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsMember is a Gold contributor and has 5,000 - 12,499 Video downloadsMember is a Silver contributor and has 1,250 - 4,999 Audio downloadsMember is a Bronze contributor and has 250 - 2,499 Flash downloadsMember is a Diamond contributor and has 25,000 - 199,999 Illustration downloadsExclusiveExclusive iStockphoto IllustratorExclusive iStockphoto Flash ArtistExclusive iStockphoto Audio ArtistMember has had a submission accepted to the Designer SpotlightMember has had a File Of The Week.
Posted Tue Jan 8, 2013 6:04PM

"as with all suspected infringement issues, please contact ce@iStockphoto.com. In order for us to investigate these issues (together with Microsoft), you must send your information to CE."


I found at least 50 places where my images available for free in Microsoft Office are being given away just as a glace with the help of Google image search.  Now should I just stop shooting and editing and just report infringement from now on? It would take me months to weed out for a single image.


I want my images off this deal if possible they are continued to be downloaded and spread across the web without metadata, credit or any license.
PictureLake
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsMember is a Bronze contributor and has 250 - 1,249 Video downloadsExclusive
Posted Tue Jan 8, 2013 6:04PM
Posted By iStockLawyer:
A total of approximately 6,000 small and medium files from exclusive contributors were delivered to Microsoft under the Agreement. No content has been provided to Microsoft since early 2010.


I have a file there, and I did not become an exclusive contributor until July 2010.  Is July still considered "early" 2010? Hmmm.
karenhermannCLOSED
Member is a Bronze contributor and has 250 - 2,499 Photo downloadsExclusive
Posted Tue Jan 8, 2013 6:06PM
Since the responsibility for watchdogging the use of our images that you gave away has now been shunted off to the contributors, can you at least provide a list of what images are out there for contributors, so people don't have to sift through the entire site to see if they have one there?  
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 Tue Jan 8, 2013 6:08PM
This does not have any connection to the announcement made by istock for this deal. The Microsoft EULA also requires registration to use their content and services and yet our files are available for free without any registration:


"
2. Microsoft account

2.1. What is a Microsoft account? To access portions of the services, such as the Microsoft branded services, you will need a Microsoft account. The Microsoft account, formerly known as Windows Live ID, is the credentials you will use to authenticate with our network. To create a Microsoft account, you must provide a user name and password, certain demographic information, and “account proofs,” such as an alternate email address or phone number. "

To even begin a real discussion about this whole process and our files, we need to know which of our files are being given away on the microsoft site.
So please provide us with a lightbox with all content involved.
Next step: how many of the downloads are from registered versus unregistered Microsoft users?

I also strongly reject that "promotional use" allows free, unlimited and unprotected give aways of our files from any site including istock. This would mean you could allow all our content for free online distribution without any responsibility of how the files are used or if there is a license agreement.


We are talking of millions of downloads of our copyrighted content to unregistered individuals, not printed flyers or posters on trade shows.

This is a particularly severe issue as the ASA does not allow us to give away files from personal portfolio sites, even if we added a link to istock for "promotional use". 


It is a total contradiction and mockery of the concept of artist exclusivity.

(Edited on 2013-01-08 18:22:36 by cobalt)
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 Tue Jan 8, 2013 6:14PM
why do we have to monitor infringement of our images. you'd have to be a moron to not notice there is tons of infringement going on here. how do you know which of the published work is paid for legally or ripped off from MS? on my particular image i have 12 IS downloads and 104 MS downloads and can also find pages upon pages of this image being used. for the amount of money IS takes from contributors may i suggest you hire additional staff and monitor how your are distributing my images!
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 Tue Jan 8, 2013 6:39PM

Posted By laughingmango:
why do we have to monitor infringement of our images. you'd have to be a moron to not notice there is tons of infringement going on here. how do you know which of the published work is paid for legally or ripped off from MS? on my particular image i have 12 IS downloads and 104 MS downloads and can also find pages upon pages of this image being used. for the amount of money IS takes from contributors may i suggest you hire additional staff and monitor how your are distributing my images!


Pages upon pages of images being used is 'fine'. The MS EULA allows commercial use. I'd imagine the only compliance issue would be if we were somehow able to find an image on a warez site being redistributed or one of the other violations in 8.1 . I'm not sure how we are supposed to ascertain something came from MS, tho.
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 Tue Jan 8, 2013 7:59PM

I'm just saying I joined Istock many years ago to sell my photos through. I trust that Istock would do that and protect me and my work. Now, without informing me that one of my images would specifically be part of some supposed promotional deal with Microsoft, Microsoft has been giving it away for free to Absolutely Anyone who visits there site and clicks download. There is no notice of limitation to the usage that appears at all when one downloads. So far, for one image alone, it has been given away freely nearly 2.6 MILLION times. How does that serve my interests? How does that generate sales, why will that make people want to buy my image if anyone on the planet can get it for free? How will that generate interest in that image now that it is severely overexposed being used 2.6 MILLION times at minimum.  


I remember that part of the agreement when we signed up with Istock as Exclusive Contributor was that we cannot give away for free any of the images that we submitted to Istock as it would be in conflict with Istock's effort to sell the image. Now, under IStock, through its deal with Microsoft, my image has been given away over 2 million times.  Kindly explain.
iStockLawyer
Member is a contributor and has less than 250 Photo downloadsForum Moderator
Posted Tue Jan 8, 2013 8:49PM

Posted By sjlocke:
The original stated intent ( and I'm assuming the agreement between the parties stated this ) of this was for personal use, and the page was to direct to the iStock page for the user to purchase a commercial license.

Unless a new agreement has been made, it would seem Microsoft is in violation of the agreement.




The Agreement for the Artist Spotlight use was for personal use - this was the first program that Microsoft launched with iStock content. That program has been discontinued.

The license for the Office program provided users the ability to use the content within the Office program - as set out in Section 8.1 of the Microsoft EULA.
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 Tue Jan 8, 2013 9:19PM
Posted By iStockLawyer:

The license for the Office program provided users the ability to use the content within the Office program - as set out in Section 8.1 of the Microsoft EULA.


but that is not obvious from MS download page. There is no word about copyright or restrictions of any kind. There is a very obvious option to download image for FREE. Free is often understood as public domain, free to redistribute.
PeskyMonkey
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsExclusiveAwarded to fabulous photographers with more than 100,000 downloads
Posted Tue Jan 8, 2013 9:22PM

So were we supposed to be paid an EL for our images to be used in this 'promotion'? If so, why do many of us contributors have absolutely no record of receiving ELs for their images being given away by MS? 


 
PeskyMonkey
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloadsExclusiveAwarded to fabulous photographers with more than 100,000 downloads
Posted Tue Jan 8, 2013 9:51PM
You state that the attibution is not personal to the contributor but that seems to contravene the promises made to us initially when we were told that '...customers will receive a link back to the file'. Section 4.d of our ASA deals only with 'credit' which is an entirely different issue in my opinion. This is a big deal and needs to be addressed more clearly.

Can iStock also tell us if the expected sales (of at least 12/month) are being realised because I sure as heck don't see these numbers for the files I have on MS and I can't imagine how this would happen if potential buyers aren't even linked back to the precise file they're interested in. 

(Edited on 2013-01-08 22:31:53 by PeskyMonkey)
MarkHatfield
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsExclusive
Posted Tue Jan 8, 2013 10:09PM
Wow, these are all very high quality images that are being given away. I just downloaded a few with no login required. No wonder Microstock sales have ground to a halt, there is no reason to buy images if this kind of quality is available for free with no watermarks. Usually you are stuck with low quality flickr images but this stuff is fantastic.
MichaelJay
Member is a Gold contributor and has 10,000 - 24,999 Photo downloadsThis member has lost their last cage match. Consider this the black eye the bully gave you after school by the bike racks.
Posted Tue Jan 8, 2013 10:57PM

This is merely a repetition of what has been said and written years ago. It does not answer any of the questions that came up recently when contributors figured out


- the amount of downloads on the MS Office site is far beyond expectations. The downloads can be made without ever confirming any kind of license and are beyond the scope of MS Office users


- there is no naming or linking back to the copyright holder (which you are promised e.g. in the last changes of the ASA, and I would like an expectation why you consider this is "not possible" on the MS Office site)


- the links back to the original images on iStock had worked at the start of the program but do not work anymore for most images


- the signup links contain outdated referral links that iStock decided to change, so we have no chance to get a referral bonus when someone signed up based on one of our images


All of these things have changed since the deal has been presented to us originally. I don't see any of these have been addressed.


As I pointed out in the other thread: I have found three of my images so far in the program with a total download count of almost 90,000 downloads. This is in comparison to my whole portfolio having 15,000 paid downloads. And this is also in comparison to the value that iStock set for these files at about $9 each, giving the whole promotion a total value of $ 810,000.


As I also said, I once had a FIOTW at iStock which was downloaded about 45,000 times. As a direct, measurable result of that I had about 1,000 additional paid downloads for other of my images.


I do not mind promotions, even including giving away free images. But I would like to get a clear answer what I got from you giving away $810k of my images for free. 


 
AVTG
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 downloadsExclusiveMember has had a File Of The WeekAwarded to fabulous photographers with more than 100,000 downloads
Posted Tue Jan 8, 2013 10:58PM
Posted By iStockLawyer:

All of the contributors whose content was licensed to Microsoft were opted in for promotional use. Promotional use includes not only promotional use for a particular contributor but also the istock business, site and files.

I was NOT opted in, iirc.
xyno
Member is a Diamond contributor and has 25,000 - 199,999 Photo downloads
Posted Tue Jan 8, 2013 11:01PM
Okay - I'm not exclusive anymore and there are some photos of my PF at the MS-Site. And maybe I want to sell these photos at an other agency exclusive - it would be nice, if somebody would delete my files at MS. Is this possible, or is the whole thing out of control?
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