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01/22/2006 06:17:08 PM · #1
Can I purchase a low-res image from istock and use it to promote my photography?

For example get a shot of some weddings and print them and send them to potential wedding customers?

Just curious...I don't necessarily agree with that, but heck 10 cents is cheaper than going out and taking a photo so I just may do it...royalty free is royalty free, right?

EDIT: heck, if dell can buy a photo, put it in a pamphlet and sell computers, I see no reason why I can't do it.

Message edited by author 2006-01-22 18:20:58.
01/22/2006 06:20:23 PM · #2
oh...anyone want to make $.10 off this endeavor...link me to your istock photo so you can get your dime...hehe
01/22/2006 06:21:23 PM · #3
Im pretty sure that you can. I read a thread about it a few days ago. You may want to look it up to be sure. My istock referral link is in my sig.
01/22/2006 06:22:30 PM · #4
HERE you go, David :)

(oh, and thanks!)

Message edited by author 2006-01-22 20:20:06.
01/22/2006 06:41:03 PM · #5
I doubt there's anything in iStock's terms of service to stop you doing it, but I don't think it's very ethical towards your prospective customers.
01/22/2006 06:44:42 PM · #6
Originally posted by GinaRothfels:

I doubt there's anything in iStock's terms of service to stop you doing it, but I don't think it's very ethical towards your prospective customers.


Well, that's your opinion...you'd probably think that Coors light promoting beer in the bar by half-naked women isn't very ethical either...it happens.

I'm not going to get into who I think it's 'unethical' towards.

I'm gonna look around later. any more links to some galleries, let me know.
01/22/2006 06:50:19 PM · #7
Just make sure you state to your potential customers that the photos aren't actually a sample of your work, but a sample of other peoples talent.
01/22/2006 06:52:50 PM · #8
Originally posted by eslaydog:

Just make sure you state to your potential customers that the photos aren't actually a sample of your work, but a sample of other peoples talent.


Why would I hate to state that...I purchased the rights to print or reproduce the photo to promote a product or service. I am under no obligation to say it is or isn't my work. If asked, I suppose I'd say I can't remember...if you don't agree with it, just don't sell royalty free for pennies.
01/22/2006 07:07:15 PM · #9
why not just use your own photos?
01/22/2006 07:26:14 PM · #10
Originally posted by melking:

why not just use your own photos?


I agree. If you have a photography business I would use my own photos. I would upload it to a stock site and then buy it :)
01/22/2006 07:33:18 PM · #11
Woudln't be hard at all to get a few FREE models. Also, not hard at all the get free wedding gowns either. Bartering for models and props/waredrobe is both fun and profitable ;-)
01/22/2006 08:02:59 PM · #12
All the ethical stuff aside.....

Apart from a potential PR issue if clients found out, I cannot see what is stopping people doing this -> I would assume it is happening at some level; probably small (and would be surprised if it was not in fact).

In studios with multi photographers, something similar occurs as the sample portfolios are from various photg rather than the one you hire anyway, in some ways it's just an extension of that.

I think if they specifically asked, you might need to indicate that the particular shot is not yours (to cover your self from future law-suites) but I would doubt you need to say it's a stock photo from somebody you don't know.
01/22/2006 08:29:09 PM · #13
I think you need to read the terms of use. No matter which site you purchase from, the photographer owns the rights to the picture. By saying they are yours, you are breaking the terms. However you can put a disclaimer somewhere that they are stock pictures and you'd be home free. But then again, who would hire a photographer that couldn't take pictures for his own marketing?
01/22/2006 09:20:20 PM · #14
Originally posted by pcody:

I think you need to read the terms of use. No matter which site you purchase from, the photographer owns the rights to the picture. By saying they are yours, you are breaking the terms. However you can put a disclaimer somewhere that they are stock pictures and you'd be home free. But then again, who would hire a photographer that couldn't take pictures for his own marketing?


I don't have to openly tell anyone who took any photos or that I didn't take them. Look at pamphlets and web sites where people have obvious stock photos -- there are no mention that the photos were 'stock' and not taken by the company that is selling a product or service...

And to answer your question about who would hire a photographer that can't take pictures for his own marketing....

A) I can, I am just choosing to use the system as it was intended and gain royalty free rights to someone else's work while they can make their dime.

B) I am perfectly capable of taking a well-executed, properly exposed photograph, I am just lacking the motivation and tools (models, outfits, etc) to go out and take exactly what I need.

--

What's the problem with it, honestly? When I buy royalty free rights to an image, I can use it in the way I've outlined above...I checked with istock and their agreement, and it's fine.

Is the problem with the amount the photographer is getting paid? 10 cents -- that's not worth it? How about if I offered to pay you $500...$1000 for royalty free rights to use one of your photographs to promote my service or product that I would be selling -- would it be okay then? Royalty free rights are royalty free rights...whether a person paid $.50 for those rights or $10,000.00 for those rights.

--

If you have a problem with what has been discussed here, then your problem, in all actuality, is not with me. Your problem should be with istock or shutterstock or other microstock sites out there -- because this is the type of thing that happens every day of the week there...

comments welcome...

Message edited by author 2006-01-22 21:21:54.
01/22/2006 09:26:35 PM · #15
LOL, dpaull is using reverse psychology to make a point! :P

bravo!
01/22/2006 09:26:37 PM · #16
Ummm. I do think I said "no matter which site you purchased from". Do you want to make this an istock issue only? OK. It's your dime.
01/22/2006 09:38:59 PM · #17
Originally posted by pcody:

Ummm. I do think I said "no matter which site you purchased from". Do you want to make this an istock issue only? OK. It's your dime.


It's not an istock only issue -- I can buy from istock, shutterstock, or another microstock site -- for the most part, royalty free is royalty free, and the photos can be used as described above.

--

Congrats to zerocusa for being a detective.

No, in all actuality, I do not plan to do this...I'm not surprised that with so many people here that want to make that powerful dime, that there wasn't many links to their portfolios -- I am curious as to why...those images are up there for sale and can be purchased at any time for useages just like this.

--

Some people may be considering withdrawling their images from istock -- I had a few up from when I first learned about it and made a few bucks...well shortly thereafter, I pulled the photos and was left with a small amount of money in my account...so what do I do with that money?

I can't let it sit there because then istock wins. I can't use it to buy photos from other people, because then I'll just be promoting those people to keep their photos on there...so what should I do with my money at iStock?

I have 16 credits currently sitting, rotting away, being spent by some owner of istock to buy himself a new five thousand dollar watch or a new sports car or SUV...16 credits times $.10 equals a dollar sixty...well I suppose I can distribute it evenly amongst a few people who would have likely gotten a lot of downloads anyway by downloading their images...but then what should I do with the photos? I mean to really exploit the system, I'd have to do something with the photos (within their useage rights) in order to really make out...so anyway, I'm not sure what I'm going to do, but I'm working on it...
01/22/2006 09:46:51 PM · #18
So only micro stock sites offer rf? News to me. Last time I looked, the big boys offered rf also. Ahh. I know I'm really stupid, so I just assumed all the agencies offered rf. But you are so smart, you know that none of the macro sites offer rf. I certainly appreciate the education you can offer us poor dumb idiots.
01/22/2006 09:50:05 PM · #19
Originally posted by pcody:

So only micro stock sites offer rf? News to me. Last time I looked, the big boys offered rf also. Ahh. I know I'm really stupid, so I just assumed all the agencies offered rf. But you are so smart, you know that none of the macro sites offer rf. I certainly appreciate the education you can offer us poor dumb idiots.


lol...if you would read the thread in its entirety, instead of skimming through, you will see that I mentioned other possibilities for buying RF images. Heck, 60% of the stock photography market (based on dollar amount) sold today in the USA is RF images...

My point, as was mentioned above, was if someone wasn't excited of the idea based on the fact that the photographer is only getting a dime for the rights...I then asked if they would be happier with $500, or $1000 for the royalty free rights (because then, at that point -- $1000 for a photo, I'm not sure anyone would care how the photo was going to be used)...

Leave your sarcasm at the door, please...I'm trying to have a mature conversation here, and you're just degrading the quality of that conversation with your rude comments.
01/22/2006 10:01:37 PM · #20
Interesting way to broach the subject... I must applaud you on that.

Here's my take on microstock. Generally, and I believe a lot of photographer's would agree, photogs don't upload thier best shots to microstock agencies. I know I don't. The photos I have on istockphoto and 123RoyaltyFree are mostly images I shot for the specific purpose of being on the stock sites or are files that would have stayed in archives on CD's and never used again.

I'm not saying that you are wrong. But, sometimes a dime is a dime. Much rather make a dime or two on some photos than to have then sit on CD's collecting dust.

Message edited by author 2006-01-22 22:02:40.
01/22/2006 10:08:17 PM · #21
I agree, Leroy, to an extent...

Now, I don't want to start up a debate, although I'm sure that's probably what is going to happen...but I'm going to offer a hypothetical situation...

Let's say that a photographer uploads their 'non-best' photos to istock or shutterstock, and saves the really good ones to make a decent bit of money off of elsewhere...

Is it possible, in any way whatsoever, that particular photographer is 'cheapening' his work and profitibility by participating in, and helping in strengthening the thriving microstock companies?

And if it is, in any way, cheapening his other work, by how much? If it cheapens your shot by even a measly dollar, you'd have to sell that shot on most microstock sites 10 times just to make up that one dollar...

Now, is it really worth it?

--

Clearly that question is subjective, open to interpretation, and a matter of personal opinion...but if it is possible, at all, then that photographer is, in-turn, hurting himself.

--

Like I said, I don't want to start a debate on the issue...just wanted to shed a new light on the subject.

Personally, I do not feel threatened by any of what's going on -- if I'm going to make it, I'm going to make it...and it's going to be because of lots of hard work and determination -- and catching a break here and there, and meeting the right people along my journey...

Thanks for listening.
01/23/2006 05:27:56 PM · #22
David, let me join with fotoman and applaud you for your self-described mature conversation on the subject. As a participator at istock, I often feel unfairly attacked on these forums. I don't criticize anyone for providing photographs to the macro stock houses, but I can't say I've been provided the same courtesy. Anyway, congrats to you.

While I'm here, I want to bring you up to date on the istock payout schedule. Just this week the prices increased for the second time in the year that I've been with them. Today I had eight downloads (on a portfolio of about 180 photos) and earned $6.50... average photo today sold for 81 cents. Still pennies, true, but for the past few months I have been averaging over six downloads per day. Multiplied times 80 cents, that's $4.80 per day. Multiplied times 30 days, that's $144 per month. Istock works for me. Thanks for respecting that.
01/23/2006 06:03:17 PM · #23
The only major problem with buying photographs and then using them to advertise your photographic services is that you could be open to a lawsuit for false advertising if 'a reasonable person' could be led to believe that those images were representative of your work and hired you as a result.

Doesn't matter if you buy them cheap or for a load of money. If you pass it off as your own work and someone feels agrieved by that, you'd better have good insurance.
01/23/2006 06:13:22 PM · #24
Originally posted by Gordon:

The only major problem with buying photographs and then using them to advertise your photographic services is that you could be open to a lawsuit for false advertising if 'a reasonable person' could be led to believe that those images were representative of your work and hired you as a result.

Doesn't matter if you buy them cheap or for a load of money. If you pass it off as your own work and someone feels agrieved by that, you'd better have good insurance.


It's basically the old bait and switch routine. I doubt any insurance company will cover such fraud. There's probably a clause in your policy that would exempt them from any liability due to fraud on the part of the insured. You may pull it off, but then again you may not. I would think that, all ethical considerations aside, the legal consequences of being caught would be deterrent enough. Whatever you decide, good luck.
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