Shutterstock Photographer Forum :: View topic

pjmorley · Joined: 15 Apr 2005 Posts: 2198

I've posted here because my comments don't entirely fit in with the sticky thread. It's more to do with the future of microstock in general because of the seemingly endless various restrictions and requirements that are imposed on images that are acceptable (in microstock).

My take is this

In another world, it is made entirely clear to the buyer that the need for a release is dependent on the use of the image. It is also made clear that the buyer is the one responsible for ensuring that a release is required. So as long as the photographer or the company don't make an untruthful statement, e.g. saying there is a release when there isn't one, then it's always the buyer/end user responsibility to ensure correct use and should they need to, they can request evidence of the release.

However, that is a different model to microstock because they do claim that a release exists but they don't provide any evidence of the release other than a statement that the release is valid and proper.

As a result the user publishes on the basis that the microstock company have provided a guarantee that their use is legal which now puts the responsibility with the microstock company.

In other words if a buyer, buying from microstock gets pulled up on the use of an image, they can refer back to microstock, in another world they would have to defend themselves.

Consequently, microstock play it extremely safely and anything that has even a remote potential to have its end use questioned is rejected or removed from the database. I think this has the potential to severely limit the range and variety of images that could be found in microstock libraries.

It also means that microstock will probably be a library offering a range of generic and bland images, not because that's what buyers want but because that's what will be on offer.

In some ways you could even consider that to be a bit of a boost for the RM libraries. Especially as some are now offering low cost use for websites etc. that rivals the cost of microstock.

lowellaguno · Posted: Sun Nov 01, 2009 12:41 pm

I don't sweat the model release question much. Even for those people photos I have releases for, I do not submit them to microstock.

Stock photographers and authors, such as Dan Heller (Digital Photographer's Guide to Model Releases) and Rohn Engh (Sell & ReSell Your Photos), say basically the same thing… releases (whether model or property) are there for the convenience and "protection" of the photo buyer, not the photographer. These guys must know what they're talking because they've been in the stock photo business as early as the 1980s.

See an excerpt from Dan Heller's Digital Photographer's Guide to Model Releases.

pjmorley · Joined: 15 Apr 2005 Posts: 2198

lowellaguno · Posted: Tue Nov 03, 2009 11:33 am