Posted Thu Mar 19, 2009 7:31AM
I've applied for video exclusivity and got rejected (read below) ... due showing 1 video (this time right non-official video from Uberlypse in Berlin Thanks iStock ) on Vimeo site. One thing is I don't understand and would like to hear the answer is: If I don't sell, just upload non commercial footage on vimeo or You tube then I can not be exclusive here ...? I think it's the same like if someone presents other images which are not on iStock on Flicker or Facebook? I can delete this backstage video but then noone will see it anymore ...
Exclusivity denied as member has files posted at http://www.vimeo.com/user1153168 which grants that company a royalty free license to your files. Please contact us when the files have been removed and we can then reset your application.
Posted Thu Mar 19, 2009 7:37AM
By submitting your Submission to VIMEO, you hereby grant VIMEO and its affiliates, successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your Submission or any portion thereof, in or through any medium, whether now known or hereafter created. VIMEO shall be entitled to unrestricted use of any Submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitter.
That doesn't seem to include wording keeping usage to the site. It looks like a very exploitative rights grab clause.
Posted Thu Mar 19, 2009 8:01AM
Thanks Sean. Still not quite sure about this stuff.
Would be cool if Lobo will explain this So Lobo ...
(Edited on 2009-03-19 09:03:57 by mbbirdy)
Posted Thu Mar 19, 2009 9:50AM
Its pretty simple for me. You have (as you aggreed when u sent file to Vimeo) royalty free files on other website (read Vimeo). Thats why you cannot become exclusive to istock. IMO delete the file and resend application.
Posted Thu Mar 19, 2009 11:21AM
Despite Vimeo's aggresive terms, if it's not RF material and can never be RF material (watermarked news footage), then what has it got to do with istock's exclusivity agreement?
Posted Thu Mar 19, 2009 1:05PM
From what Vimeo's agreement is saying, the impression the administrator would have received is that by uploading any content to Vimeo, you're giving them the right to sublicense and use your work for any purpose. If iStockphoto is to be your exclusive agency, then why would another business be given the rights to distribute, sublicense, and use your works? Make Sense? Exclusivity means iStockphoto is the only agency who can distribute and license your works as Royalty-Free.
If any questions remain please contact artists(at)istockphoto.com and the support staff will be more than happy to assist you. : )