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rinder99

Joined: 12 Jul 2005
Posts: 18720
Location: Books and Class Info, www.rindersmithphotography.com or, www.rinderart.com
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Posted: Wed Jul 09, 2008 12:00 am
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OK, Here we go again. I got an e-mail from a friend who saw a site with My best selling Image on the home page. They are selling My Image as fine art prints along with some of my students and friends. I tried calling them.....No Luck,
Then I e-mailed the owner. Without posting his responce, he said he bought them at another site. The one starting With "I" I got I think $1.60 and he got the rights to make 2000 prints in any size to sell as fine art. I Think this Sucks And I mean BIG TIME!!!!!!!!!!!!!!
I Know, I Know,This is what we all signed up for and I've fought for myself and a bunch of you about this and we won some and lost some.
I gotta tell ya in the strongest terms This kind of shit is gonna kill Us. And one of the the reasons a lot of Us have gone back to RM.Any Person That can spend $200.00 , start a site and print Our stuff. And, we get Nothing other than a few dollars for our Talent and our work. This shit has to stop my friends.
We as artist's give away enough already without some Guy with $200.00 Making Money on our work.It's time we stand Up!!! Im not asking for a bigger Royalty, Im asking for a different EL Deal. No more T-shirts and Baseball caps and coffee cups and 2000 Prints for this kind of money.Do you agree? Or not. I wanna Know, am I alone in this? heres the site., I want you to write that other site. If they just would have contacted the artist about this and made a separate deal and stood up and respected us I would have no problem.I have NOTHING against people making Money. I want them to make money on there talent, Not Mine!!! I have CC'ed this to many organizations I belong to.
Heres the site. Do what your comfortable with and look for your work.Be nice. They have obeyed the rules, But the rules MUST be changed. PERIOD!!!!!!!!
I deleted The web address. He has done nothing wrong. He followed the rules.
Last edited by rinder99 on Wed Jul 09, 2008 12:26 pm; edited 1 time in total |
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ctesti

Joined: 15 Jan 2006
Posts: 1344
Location: California
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ctesti

Joined: 15 Jan 2006
Posts: 1344
Location: California
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Posted: Wed Jul 09, 2008 12:15 am
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| rinder99 wrote: | | Then I e-mailed the owner. Without posting his responce, he said he bought them at another site. The one starting With "I" I got I think $1.60 and he got the rights to make 2000 prints in any size to sell as fine art. I Think this Sucks And I mean BIG TIME!!!!!!!!!!!!!! |
Well actually that's completly wrong. If you read the TOS it says:
4. Standard License Prohibitions
(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:
1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
2. use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);
3. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
Time to call the FBI... or at least the site who sold the pics to have their legal department engaged. |
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mikeledray

Joined: 14 Nov 2004
Posts: 9074
Location: Southern California
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Posted: Wed Jul 09, 2008 12:16 am
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i agree that does suck
I have thought about this concept alot
what is stopping any of us from doing the exact same thing with our images?
Start a Print on Demand site for a fee?
after all our images are Our images first
I agree the Extended lisc rights need to be changed
having found Fifi on Birthday Cards (along with other people)
of course its great fun, but to think of how far and wide our images are used globaly sort of makes me want to start my own print on demand site
I just need to figure out how to do it
sorry to read this |
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bluecherrygfx

Joined: 28 Mar 2008
Posts: 506
Location: Arkansas
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Posted: Wed Jul 09, 2008 12:42 am
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OK, this is my opinion - and I'm pretty sure it's going to be unpopular.
Maybe I'm reading it wrong, but is the end user complying with the license agreement? If so, I would never dream of contacting them to ask for more money based on how much (perceived) money they are making. The reason being, plain and simple, we agreed to these terms knowing full well that could happen.
That happens all the time in business; isn't that what a lot of businesses are based on? Find something you can re-sell for a profit?
Now, if he/she is NOT complying with the terms of the license agreement, then yes, by all means I'd pursue it. If they are within their rights for what they contracted for, though, no one is forcing us to sell our images under those terms.
==
That being said, the question of whether the compensation to artists is a fair one is another issue altogether. I agree it should be higher. But there's always a steady supply of people ready to fill in and do it for that price or cheaper, so I don't foresee any drastic changes in compensation.
As I look over more and more of the portfolios here, though - both photographers and illustrators - with the level of quality of some I find it hard to believe that microstock is the only source of potential income.
IMO, quality is always going to be in demand and there will always be those willing to pay a higher price for higher quality.
Just to be clear, though, if I did mis-read the post and the person is violating the license agreement, I agree they should be addressed. |
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ctesti

Joined: 15 Jan 2006
Posts: 1344
Location: California
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Posted: Wed Jul 09, 2008 12:51 am
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I believe they can only resale for up to 2000 prints if they bought a $100 EL.
Still a bad deal for the photographer, but that's we signed for.
Same goes when micro images end up on magazine cover. There should be a special EL for that as well. |
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rinder99

Joined: 12 Jul 2005
Posts: 18720
Location: Books and Class Info, www.rindersmithphotography.com or, www.rinderart.com
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Posted: Wed Jul 09, 2008 12:55 am
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Let me say again. I don't think he did anything wrong and Im going to find out if anyone did for me and US.My post wasn't about this site perse' it was about our agents and the licence agreements we all agreed to.Blindly I might add. I Think it's time for a change. If any of you out there that are more clever about the Legal stuff ....Please Join In.I went to the other site and read as much as I could and found really Nothing [At least with My eyes that they did anything wrong]I just think It's time WE did something to stop this.
we have enormous Power guys. It's time we did something about it. Just a few Small Changes about this kind of usage. |
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mandy

Joined: 08 Jul 2005
Posts: 1624
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Posted: Wed Jul 09, 2008 1:31 am
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The owner of the site replied on another forum and said that he had bought Els for the images that he is selling. The answer is not to offer Els on your images and then this can't happen. |
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hospitalera

Joined: 20 Dec 2005
Posts: 2746
Location: Prague (Czech Republic) http://hospitalera.com
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Posted: Wed Jul 09, 2008 3:12 am
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Easy solution, opt-out of EL sales with you don't agree with the conditions, Laurin. SY |
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starsofglass
Joined: 11 Apr 2008
Posts: 48
Location: Brussels
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Posted: Wed Jul 09, 2008 3:27 am
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I agree completely that the pay is "peanuts" for EL compared to what the buyers can do with it.
On the one hand EL's provide bigger pay-outs, but on the other hand it's painful to see our images sold so cheaply making others more money. I'm torn myself between opting in or out on EL sales :s |
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mahnken

Joined: 19 May 2005
Posts: 531
Location: Cordele, GA
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Posted: Wed Jul 09, 2008 4:35 am
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He seems very professional.....
"What payment methods du you are accept?" |
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editorial

Joined: 29 Jun 2005
Posts: 482
Location: Dublin
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Posted: Wed Jul 09, 2008 5:16 am
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Hmmmm, this is a difficult one to call on. The site is operating within that twilight zone of just about, nearly but not quite bordering on criminal.
If it's legit, it's legit and there's not a darn thing anyone can do. It's unfortunate that you found it. Sometimes you're just better off not knowing about these things.
I don't produce much work that could be classified as fine-art but I empathize with all the snappers like Laurin who do.
It's a proverbial kick in the nuts, but what's the solution? I'll tell you what it is but you'll all have to PM me to find out :)
But think hard before you do! |
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lffile

Joined: 15 May 2007
Posts: 537
Location: Location: Location:
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Posted: Wed Jul 09, 2008 5:47 am
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| starsofglass wrote: | I agree completely that the pay is "peanuts" for EL compared to what the buyers can do with it.
On the one hand EL's provide bigger pay-outs, but on the other hand it's painful to see our images sold so cheaply making others more money. I'm torn myself between opting in or out on EL sales :s |
Well the difference is the buyers are taking all the risk. If you want to risk the time and capital it takes to: set up the site, get the printing, framing, packaging and shipping equipment and materials and a bricks and mortar site to store and work with all this, plus hire and manage the necessary staff - go right ahead.
This business has to cover its overhead for all of the above with the markup on the images and it also has to cover the costs for the images it buys that don't sell.
Not permitting ELs just cuts us off from the market this guy - and many others are exploiting. It may work out as a big profit maker for them - or it may be a bust and they all lose their shirts. If you like the odds you can take the risk yourself or you can just make the images and hope they do well so they can buy and resell some of your images.
c h e e r s
fred |
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starsofglass
Joined: 11 Apr 2008
Posts: 48
Location: Brussels
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Posted: Wed Jul 09, 2008 5:57 am
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There are options in between as well. I'm currently in the process of uploading images to a website that offers prints and framed prints. They do all the practical stuff, and I get a profit for each picture sold (I can choose the profit margin myself. And in that case the profit is for each print, not one time only. |
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gregor

Joined: 14 Jun 2006
Posts: 808
Location: Netherlands
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Posted: Wed Jul 09, 2008 6:42 am
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I agree with Laurin. With the microstock market growing and taking over the macrostock market, it's time to change the EL prohibitions. |
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