Showing posts with label stock photography. Show all posts
Showing posts with label stock photography. Show all posts

Thursday, May 21, 2026

Portfolio Pirates



A friend asked to see some of my stock photos.  It had been a while since I did any stock shooting since I had moved over to personal investments which supplied a better income.  I did find the link to Shutterstock, one of my long-time agencies, so she could see my photographs.  


In doing so, I was surprised to find that quite a number of my images were to be found for sale on stock sites that I had never done business with.  Over the several I saw, one was YAY Images which I did have images on in the early 2000’s and Alamy which I have never done business with.  


Imagine my surprise to see my images up for sale with me not receiving a dime, no attribution of me as the owner/creator of the images, and no notice of my copyright to my photographs.


If the images sell, who gets the money?  As I am not the only photographer this has happened to.  More at my Substack link.



https://open.substack.com/pub/georgebailey/p/portfolio-pirates

 

Tuesday, February 12, 2013

Getty Images Extracts Revenge


In a move that shocked many in the Microstock community, one of iStockphoto’s top contributors, Sean Locke announced on his web site Monday that Getty Images had given him his 30-day notice on February 8.  Locke, one of the sellers with over 12,000 files in his portfolio, and nearly million sold licenses was essentially booted off the site.  Why?

As I reported in January (link), it was Sean Locke that posted on the iStockphoto forums his discovery of a deal between Getty/iStock to place images on the Google Drive service.  This deal was never announced to iStock image makers.  As soon as Locke posted Google deal all hell broke loose.  It raised a myriad questions regarding copyrights, license agreements, and fairness since these files were coming from iStock and not Getty photographers.

So angry were contributors that a movement arose to delete portfolios slated for February 2.  One thing that made this easier was a file deletion screen created by Locke.  It is unknown how much damaged this did but apparently somebody in  Getty management took notice.

As Locke points out on his blog he suddenly started getting emails Getty, one in which demanded to know what his goals at iStock were.  Locke stated that he was asked if he was trying to “distract key resources away from improving the business...and...undermine customer faith,” or “create a constructive dialogue.”  An odd thing to ask somebody who has helped generate over a million dollars in sales for them.  After some back and forth, he was told they didn’t like how he handled Google Drive, which was basically to report what they didn’t want to tell the contributors–that Getty had made what amounts to a shady deal with Google involving ambiguous issues of copyrights, user agreement violations, and the whole thing has never been properly explained.  Getty shows how little respect they have for the very people that create sales at iStock

Getty Goes Fishing
Eventually, Getty came up with other issues to use against Locke.  One was an alleged violation of his exclusivity but signing up with another stock site, Stocksy, that is still in beta and not fully functional.  Locke says he hasn’t sold anything through them and was just posting a few files for testing and research purposes on the site and did not view this as a violation of any agreement.  There is no way to currently sell anything through the site and it is currently only available via invitation.  Only a landing page is available so sales are obviously impossible.

Secondly, Locke says Getty accused him of being a ring leader for the February 2nd file deactivation day.  As Locke says in his defense, “I didn’t start it, never said I was going to participate it, and never actively encouraged anyone to participate in it, although I did encourage everyone to study the available  facts and make a decision on what they felt was appropriate action.  In fact, I sent several emails the week prior to iStockphoto/Getty managers to initiate a phone conversation, thinking I could provide suggestions on how to defuse the situation.”

The Shock of the New
Corporations have been known to play hardball in the past.  Just check out the historical rise of American industry at the start of the last century and check these guys out, Rockefeller, Carnegie, Morgan, and so forth.  They played some serious hardball.

With Getty in this episode, to sack Sean Locke, a top image seller, using what amounts to trumped up charges, a person greatly admired by others, someone that was known as a positive influence and an authority on many subjects, it all takes on a Machiavellian overtone. It’s one thing to be this thuggish but here we have on display a company that has no honor.  Plain and simple, this act was done for revenge.  They couldn’t handle Locke uncovering their machinations behind everybody's back.  While it is true he continually criticized management of this issue in the iStock forums, he also asked a lot of questions that went unanswered.  That they didn’t want to answer about this tawdry deal.  It shows what lengths a company will precede to go after somebody.  If they can do this to him, which for a while ruins his livelihood, they can do it to you as well.

It’s a reckless move as well on many different levels.  It damages contributor relations, morale, and trust.  (Not that they care about that.) And buyers, why would you want to buy images from such an outfit?  And being exclusive?  Why bother putting your eggs in their basket?  If you run afoul of them they’ll toss you out in the street.


Addendum 2/16/13
An article about his mess is published HERE at Cnet by Stephen Shankland.  He stated in the piece that Sean Locke was not “immediately” available for comment.  However, Locke stated on the Microstock Forum site that he was never contacted by Shankland or anybody associated with Cnet.  Shankland also said that Bruce Livingston, co-founder of iStock and currently working on a new stock site, Stocksy, was not available for comment either.  I wonder if Livingston would have a similar statement as well?   Welcome to lazy journalism in the 21st century...

UPDATE (3/2/13) - Sean Locke has reported that the Stephen Shankland did attempt contact but only via Twitter, something that Locke says he rarely uses.  Odd as his email adress is available on his web site.  He's not hard to find.


Sources
http://seanlockephotography.com/2013/02/11/a-change-in-things/#comment-6686

http://outwardtrends.blogspot.com/2013/01/open-rebellion-at-istockphoto.html

Tuesday, January 15, 2013

Open Rebellion At iStockphoto


In 2012 I posted an article regarding the purchase of iStockphoto by Getty Images in 2006 and how rocky that business relationship has been over the intervening years.  

It has now taken a turn for the worse.  

The latest outrage amounts to a behind the scenes deal between Getty and Google to provide rights free images to Google Drive service.  This deal was in the works since October and November of 2012 but never announced to iStock’s contributors until one photographer, Sean Locke uncovered it and posted the specifics on the site forum.  This in turned, forced management to post an announcement with more details, none of which calmed the fears of contributors concerned about their content being devalued.  

To the dismay of many, the deal is fairly one sided in Getty and Google’s favor.  These images are free to all comers and while contributors were paid up to $12 for each image, all normal licensing agreements went discarded, as did the metadata in the files documenting copyrights.  These images can now be used in any commercial manner by whomever downloads it.  Once upon a time, models were assured strict policing of their likenesses being used inappropriately.  Not so with this Google arrangement.  Some photographers are also concerned as some of the free images feature pictures of children and some photographers use their own children as models.  Also, some fear a model suing them if they see their image used wrongly.  Much angst over that issue as with many other details.  

As one contributor stated in the forum discussion, “Why should I have my photos here for sale when anybody can have them free at Google?  Why indeed?  It should be pointed out that no contributor was given the option to opt out of this mess and management is clear that an “opt out” would never be given.  Yet many beg for it as if that will work.  It would be fair but these corporate goons have no feelings for such things as that.

With the artist supplier’s agreement (i.e. contract, ASA) so vaguely written with plenty of fancy lawyer talk, Getty is free do to as they please with the photographer’s, illustrator’s, and videographer's content.  It’s worded in such a way, that if they wanted to, they could place a photographer’s entire portfolio up for free at Google.  As one poster pointed out, the ASA may be breached because content is to be sold to the end user.  Since Google is not using said content but instead, posting it on a platform for free distribution all over the world, it would appear this is a contractual violation.  But alas, I am no lawyer.  Contributors are paid of course, but it’s a  one-time payment so Getty can say, with a straight face, that everybody was reimbursed as a result of this screwy deal.  

Ultimately, none of the makes any business sense and with Getty sneaking around behind contributor’s backs with these deals, which illustrates gross corporate malfeasance.  Many iStock members are in shock of this development, feel they can no long trust their agent/distributor, feel disrespected, and are ready to move on.

As contributor Leeavison pointed out:

“How on earth can this benefit contributors!! The entire rights to an image given away forever for $12. No back-link from Google, no artist acknowledgement. There is absolutely no benefit to contributing artists whatsoever as far as I can see!”

It really is outrageous what Getty did with this stunt, without the image creators being informed about what was going on, no permission asked for, licensing agreements tossed out the window, and copyrights ignored.  The hubris on display here is as great any despotic monarchy treating their subjects as they would their livestock.

D-Day - February 2
So what is a person to do against these corporate titans?  Many are openly ready to cast off their exclusivity and seek other agencies to sell through.  They have set a date of February 2nd to do a mass deleting of images from their portfolios and begin the process of shutting down.  However, I’ve have seen few of the major sellers announcing they will be doing such a thing.  Since I am a contributor as well, I’ll wait this one out and see how the pieces fall in place.

As I said in my last article on this issue, Getty did not buy iStockphoto with the intent of growing the brand.  The big fish eats the little fish.  The same is true in business, where greed is the hunger and it’s never sated. Getty considers iStock image makers to be a bunch of crowd sourced fodder to do with as they please.  As each controversy unfolds a new level of low is reached.  It’s comical in a way for them to bring on various “officials” some of which nobody has ever seen before, to try and explain each maneuver.  Some of the twisted logic employed is absurd, as if speaking such words would actually change reality and history.  But the sheep are not as believing as they once were with the multitude of broken promises that have occurred.  

About time.

Addendum 2/11/13
Sean Locke, the photographer that first posted information on the Getty/Google deal, in a shocking development, has been terminated from iStockphoto on 2/8.  He will no longer be able to sell his images there anymore.  Check out his blog posting for all of this played out HERE.  More on this in a new posting coming soon.


Addendum 1/22/13
So far, the projected number files to be deleted D-Day, February 2 by contributors at iStock is at over 30,000+.


Addendum 1/17/13
It should be noted that the files in this deal are mostly coming from iStock contributors.  None of Getty’s RM files are being used. iStock image creators are bearing the brunt of this.


Addendum 1/15/13
After posting this article today, iStock responded with a post from a Mr. Erin, one of their obscure admins.  He basically reposted some earlier bullet points regarding the Getty/Google deal which will most like do nothing to calm anyone’s fears.  Basically, nothing that image creators were concerned about, such as model release restrictions, no “opt out” for contributors, and so on.  There was a promise to look into copyright infringement and missing metadata, but their promises are a stall and often unfulfilled.  I don’t know why they bothered.  The issues that concerned people the most were not resolved in any way by today’s posting.  As usual, the administration is inept to say the least when it comes to communicating to the very people that make microstock tick.  






Sources
iStock announcement of the deal:
http://www.istockphoto.com/forum_messages.php?threadid=350491&page=1

Wednesday, December 12, 2012

Getty Images and iStockphoto - A Corporate Marriage Made In Hell


“iStock becomes less profitable with increased success.  As a business model, it’s simply unsustainable: businesses should get more profitable as they grow.”

“Money will not make you happy.”


Kelly Thompson, Sept 9, 2010


The big fish devouring the little fish is as common place in and nature as it is in the annuals of business.  Getty Images purchase of the upstart online stock company, iStockphoto in February of 2006 blazes a familiar trail of corporate takeovers.  However the history of what happened to iStock, it’s contributors and buyers of imagery is a sordid tale of greed, mismanagement and underhandedness that would entice Al Capone to repent of his sins. 

A Bit of History
iStockphoto.com was founded by Bruce Livingstone in May, 2000 as a free stock image site that gradually evolved into a stock agency where the photographers were paid though at very low values.  Over time that grew and provided a profitable return for contributors.  Exclusivity was encouraged and those that complied resulted in additional perks such as quicker approval time for submitted images and a higher royalty rate.  However, many remained independent but at a lower royalty rate.  The arrival of iStockphoto and other online stock sites (Shutterstock, Dreamstime, Fotolia, etc.) launched the Microstock wave that caused many traditional stock image companies to either flounder or go under.  Over time, iStock would add vector illustrations, video and audio clips to the mix of products to sell.  A sense of community developed through iStock’s forum which allowed a free exchange of ideas, help, critiques, complaints,  besides just hanging out with like minded creatives. 

Never the less, Bruce Livingstone’s sale of iStock to Getty in 2006 changed all of that, slowly like it always does, with the frog put in his pot of water on a slow boil.  There was much consternation in the forums with some despairing the change, some positive to the point of being delusional, and some people absolutely clueless as to what happened.  I will never forget the poster that wrote, “They couldn’t beat us, so they joined us.”  Poor soul.  Have working for a company taken over in 2000 and having lost my job as a result of it, I was leery of what waited down the road and was glad in my decision to never go exclusive there.  

And, that wasn’t the only takeover because private equity firm Hellman & Friedman bought Getty/iStockphoto in 2007.  Since then, in October of 2012, The Carlyle Group announced its acquiring of Getty/iStockphoto.  

One Damn Thing After The Other
The first notice of Getty’s new ownership was the arrival of the “controlled vocabulary.”  This came from Getty’s keyword system and allowed for the use of multiple languages to used in image searches.  A lot of grumbling about that since the contributors were tasked with making the changes to their portfolios.  It was a lot of work, especially for those with thousands of images online.  At least it allowed for broader international search coverage and one thing that worked out well.

But other issues ensued over time and clouded over iStock’s sense of independence within a larger corporate structure.  Here is a brief look at the worst of them:

Redeemable Credits.  In the beginning, sales progression for a contributor was shown as film canister graphic.  Copper, bronze, silver, gold, etc.  This original system everybody was happy with.  It gave one a sense of something to work towards to, a viable goal for success.  In 2010 a new system of "redeemable credits" was announced which amounted to selling on a curve.  Now everybody would have to sell a certain amount of images to maintain their royalty percentage.  Few do with the added burdens of a bad search engine, price hikes and massive Getty image content uploads, among other issues so the majority took an income hit.  Many are calling for an end to the RC system but but an update from the General Manager stated that this won’t be happening. This announcement of this new royalty structure by former admin Kelly Thompson was accompanied by his now famous “Money will not make you happy,” quote which did nothing to soften the blow and certainly gained the ire of many.  Even worse, all were told that the original commission model was no longer “sustainable.”  They take an 80% commission from each image sale from the non-exclusives and that is not a viable business model?  Laughable.

Screwed up search.  Complained about for months on the forums, the “best match” image search has been tinkered with so many times buyers can’t find what they need and photographers have seen, for many, a drastic drop in sales.  Management has been hesitant to admit any problem, with GM Rebecca Rockafellar who at first would not admit to it at all.  This is an ongoing issue and apparently, the BM currently favors Getty images first.  Stay tuned.

Price Raises.  Multiple price hikes over time have caused many buyers to look for cheaper images at iStock’s competitors.  The pricey Vetta collection really raised the bar and to be fair, is made up of some very high quality and creative imagery.  But the slogan such as “The designer’s dirty little secret,” is from a bygone era.  Buyers know there are cheaper alternatives at other Microstock sites.  Notice these price hikes were not seen at Getty–but at iStock they were.  

Flood of Getty Images.  This was bound to happen.  Getty took various collections of images from their massive library of content and started flooding them on iStock’s servers.  Naturally, they get a high placement in search.  It annoyed many that these images didn’t have to go through the file inspection process and the original images could remain on their respective web sites–something no iStock exclusive photographer can do–thus cheapening the whole selling point of exclusive content not available elsewhere.  Not to mention how much competition these images bring to iStock contributor’s sales.

The Claw Backs.  In early 2011 there was apparently a surge in credit card fraud.  Some of the bigger selling contributors lost thousands of dollars.  One photographer, Sean Locke reported a loss of over $5,000.  Was he repaid?  No.  Nobody was.  I lost a few bucks myself so I consider my involvement in this very fortunate.  My heart goes out to those that lost their work and income to fraud and my never ending loathing of a company that allowed such a thing to happen through sheer incompetence and their failure to repay those who were robbed.  And to add to the resentment, contributors were promised new security measures in place to prevent this from happening again.  However,  claw back messages are still being sent out but are now vaguely worded so the photographer has no idea what happened.  Was it fraud?  Was it a refund?  Who knows?

Exchange Rate values resulting in questionable payments.  Probably the most confusing and convoluted mess currently ongoing at iStock.  So bad they’ve brought on a forum admin named iStock Lawyer to respond to questions.  Apparently, when the exchange rate goes up compared to the US dollar, the royalty percentage is taken from the original dollar amount, not the increased value, if any.  Also, exchange rates involve a lot of rounding up and down and the exchange rate for international currency is set monthly, not daily.  Various esoteric concepts such as “currency hedging” come into play.  Anyway, contributors have noticed discrepancies in moneys earned and get a lot of meandering answers regarding the issue.  iStock apparently quietly updated the Artist Supplier’s Agreement (ASA) to include rate changes which is in violation of the agreement to issue a 30-day notice for any such changes.  iStock Lawyer’s response?  To simply state that they had been doing this for years so no need for a notice.  Ha!  However, one poster on the forum had an original copy of the ASA showing that a rate change occurred on 9/7/12.  And no 30-day notice was sent out.  

And this is just a bare-bones account of what has gone on since iStock was sold in 2006.  It’s one outrage after the other and I’m shocked that no class action lawsuits have been filed.  The credit card fraud and lack of reimbursement should be reason enough alone for one.  They have proven themselves unworthy of trust and unethical in their deeds.  

The Clueless Among Us
Some people don't seem to get what happened.  Getty did not buy iStockphoto to grow the brand.  No big company does that when it buys a smaller company viewed as a competitor.  They either absorb the company, cut out the fat, sell off the assets or keep it functional but on a tight leash.  That is basically what happened to iStock.  This was evident early on when Getty would place ads for their content on iStock’s web site but no link-back on Getty’s site for iStock's images.  Then with the reduction in royalty rates with the RC system, lack of marketing of iStock’s brand, poor search and the price hikes, so the main marketing point of iStock was devalued.  It was on the leash at that point.  Every decision Getty made, some which looks dull-witted in retrospect, was meant to devalue the iStock brand.  And at that, they succeeded.  They started slowly at first but now it’s full speed ahead.

It was quite telling when the contract was changed from agent to distributor.  An agent has their client’s best interests in mind and acts accordingly.  A distributor doles out the product with no other interest than moving product.  That’s how cold the business relationship is with the content providers.

Many people on the forums complain about Getty management not giving them any respect.  Hey people, it’s Crowd Sourcing.  You work too cheap to be respected.  You are the peasants at the King’s gate with your torches and pitchforks.  That’s why the Redeem Credits model was instituted (with Shutterstock’s subscription model arriving before that) to keep the peasants in their place.  You rose up too high.  Now it’s time to put you back down to where you started.  Where you belong in their eye.

Future Days
Corporations are needed things.  They give us jobs and a good life if principled people are in charge.  They also can lapse into oppressive organizations capable of all kinds of unprincipled deeds.  Many people constantly blame iStockphoto’s management for these awful decisions and the mess it has become, but really, most of the decisions have come down from on high.  iStock management for all intent and purposes no longer exists.  Getty has the majority of the blame for what has happened.  One must wait and see what Carlyle management will do with all of this.  

I suppose there are worse examples of corporate takeover, greed and incompetence besides the Getty mauling of iStockphoto.  But this situation has taken a turn to the dark side so rapidly it’s amazing to watch.  Nobody could have dreamed up such a scenario as has unfolded.  It is as if sociopaths are in charge and no injustice is deemed too outlandish to carry out.  No telling what is coming in the future.  Sit back and see.