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Selling photos elsewhere while being exclusive

Author Message
Luvemak
345 posts
74
Message posted at 08/27/2013, 13:50:46 PM by Luvemak
The exclusive guidelines seem a bit vague. I understand that I cannot sell photos through another microstock agency, but can I sell my photos through a fine art agency or the like? For instance, a site that sells framed photos and prints of my work?

Any help would be greatly appreciated!
Canon 5d Mark II; Canon EF 17-105 4.0; Canon 60d; Canon EF...

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Pulsar124
190 posts
<10
Message posted at 08/27/2013, 14:52:02 PM by Pulsar124
My understanding is that the only other allowed way of selling your photos as an exclusive is from your own website.
Canon 50D, Canon 135mm f2.0L, Canon 70-200mm f4L, Sigma 1...

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Peanutroaster
1513 posts
67
Message posted at 08/27/2013, 16:23:49 PM by Peanutroaster
The exclusive policy here means exclusive photographer so POD sites are off limits to exclusives.
Http://www.edwardfielding.com Canon EOS 6D full frame ca...

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Akstp
76 posts
60
Message posted at 08/28/2013, 03:31:49 AM by Akstp
I am an exclusive photographer here at Dreamstime and that means that I have agreed not to sell any image I have in my portfolio here on dreamstime through another microstock agency. I have not agreed to not sell my photos in any other manor that I can sell them, even through POD or on products or prints to my customers. If I am wrong than an administrator needs to tell me so and I will become non-exclusive.
Sony DSLR a900 Full Frame camera w/wireless remote commande...

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Tangie
1645 posts
68
Message posted at 08/28/2013, 05:11:05 AM by Tangie - member is an admin
An exclusive contributor is represented by Dreamstime solely so your work cannot be sold through another agent/agency, be it stock agency, online store, POD, shop, gallery, etc. If you give someone a commission or a part of your sale for hosting your images or including them in a final product, then this someone is your agent. So you cannot be exclusive and also sell your images via POD or print product sites.

Contributors Terms


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Miraclemoments
1271 posts
72
Message posted at 08/28/2013, 06:22:37 AM by Miraclemoments
Understandable....but what about images that are sold that are NOT available on DT because they were either rejected by DT or not uploaded. Sold through other avenues and NOT stock agency. So all stock images are sold on DT while anything else like fine art nude for example is sold by someone else.

This is just a question....I do not sell nudes ;-)
Canon 60D I AM A SIGMA AMBASSADOR Sigma 8-16 f4.5-5....

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Astormfr
396 posts
76
Message posted at 08/28/2013, 07:15:43 AM by Astormfr
Good question Miraclemoments. I also wonder.
Canon EOS 5D mark III Canon 24-105 f4 L Canon 100 macro f2...

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Heywoody
605 posts
69
Message posted at 08/28/2013, 08:14:14 AM by Heywoody
If you are exclusive then YOU are exclusive so the rule applies to all your images whethere on DT or not.
Vue 7, Daz 3, Wings 3D and the odd photo.

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Nikitu
3080 posts
75
Message posted at 08/28/2013, 08:19:50 AM by Nikitu - member is an admin
Rules apply to all images, as Heywoody said.
We do accept tasteful art nudes, but they will be content filtered, of course.
Canon 6D, Canon G1x,Canon 550d, Canon 40d, Canon G10, Canon ...

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Miraclemoments
1271 posts
72
Message posted at 08/28/2013, 09:32:29 AM by Miraclemoments
I am exclusive and happily so...I was just wondering. So if you were able to sell images through another website without having to pay the owner of that site commission you will be entitled to do that. Of course also on your own website is allowed.
Canon 60D I AM A SIGMA AMBASSADOR Sigma 8-16 f4.5-5....

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Luvemak
345 posts
74
Message posted at 08/28/2013, 11:40:27 AM by Luvemak
Not in the business of fine art nudes, but good information otherwise!

I do portrait photography and sell my photos through my site, which is technically a zenfolio site, and I get charged a service fee to print through their contracted printers. I'm guessing this wouldn't be considered POD? If it is, it would seem that most exclusives on this site would be violating the terms in some way or another just by printing outside of their own home!

Can someone elaborate a bit more on the following information from the Contributor Terms, particularly the "photograph-to-client basis" part and what I can or cannot do.

"Exclusive contributors may, however, sell their other artwork on a photographer-to-client basis, under a work for hire contract, outside of this Agreement."

For instance, what if I do contract work for a publication or website? (I don't, but good to know!)


Sorry to open up a can of worms. Just looking for more avenues to potentially boost revenue that don't violate the terms. Could the exclusive guidelines be a bit more specific?
Canon 5d Mark II; Canon EF 17-105 4.0; Canon 60d; Canon EF...

Uploaded files:757 | Total Sales: 361
Miraclemoments
1271 posts
72
Message posted at 08/28/2013, 12:00:32 PM by Miraclemoments
Luvemak that would not be POD. If you do work for a publication or website it is considered as work under a contract and not violating exclusive t's&c's.

Canon 60D I AM A SIGMA AMBASSADOR Sigma 8-16 f4.5-5....

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Luvemak
345 posts
74
Message posted at 08/28/2013, 12:11:59 PM by Luvemak
Very good! Thank you Miraclemoments. For a minute I was concerned since they get fees from my prints!!! :)
Canon 5d Mark II; Canon EF 17-105 4.0; Canon 60d; Canon EF...

Uploaded files:757 | Total Sales: 361
Bradcalkins
2552 posts
84
Message posted at 08/28/2013, 14:09:24 PM by Bradcalkins

Originally posted by Akstp:
Quoted Message: I am an exclusive photographer here at Dreamstime and that means that I have agreed not to sell any image I have in my portfolio here on dreamstime through another microstock agency. I have not agreed to not sell my photos in any other manor that I can sell them, even through POD or on products or prints to my customers. If I am wrong than an administrator needs to tell me so and I will become non-exclusive.


The key phrase is "...will work solely with Dreamstime.com for selling their images". It doesn't say 'their RF or microstock' images. I think that the terms are tighter than most people realize. I left being exclusive primarily because there were a few non-microstock things I wanted to pursue and they weren't allowed under the terms as stated. I'd e-mail support and ask some specific questions, though, as it turned out that in my case one of the specific things I wanted to do would have been OK with them. Don't base your decision solely on the message boards without talking to support! The rest of us are knowledgeable and try to be helpful, but none of us can answer for DT :)
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Akstp
76 posts
60
Message posted at 08/28/2013, 14:50:20 PM by Akstp
Tangie, Are you saying that an exclusive photographer with Dreamstime can not sell any of their images (work) in any other way than through Dreamstime? I do not submit to any other microstock agency and any image (or close image) that dt accepts into my portfolio is not sold anywhere else except using DT provided html links. However, I own thousands of copywrite images and do sell many of them through other means. When DT rejects an image (for any reason) they are in effect telling the photographer that DT does not want it, so go sell it somewhere else.
Sony DSLR a900 Full Frame camera w/wireless remote commande...

Uploaded files:179 | Total Sales: 50
Red
1796 posts
Message posted at 08/28/2013, 15:05:58 PM by Red
There is a difference between being exclusive and selling exclusive images here. This can be found in the Terms and Conditions. It sounds like you should change your status from exclusive to selling exclusive images on an image by image basis.

Exclusive images: A contributor may work with other agencies in addition to Dreamstime.com. However, the images provided to Dreamstime.com and marked as being exclusive are sold only on Dreamstime.com. An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive images may only be sold through Dreamstime.com and may not be offered through other channels. Contributors shall receive 27.5%-55% of the net sale price received by Dreamstime.com for the exclusive images they have contributed to the site which are subsequently sold by Dreamstime.com. A Contributor may remove the exclusivity rights to an image with thirty (30) days prior written notice to Dreamstime.com.

Exclusive contributors: An exclusive contributor is not represented by any other agency and will work solely with Dreamstime.com for selling their images. Exclusive contributors may, however, sell their other artwork on a photographer-to-client basis, under a work for hire contract, outside of this Agreement. Exclusive contributors shall receive sixty (60%) percent of the net sale price received by Dreamstime.com for the exclusive images they have contributed to the site which are subsequently sold by Dreamstime.com, as well as a commission of $0.20 (twenty cents) for each submission uploaded and accepted by Dreamstime.com. Dreamstime.com is under no obligation, however, to accept an exclusive contributor’s submissions and acceptance of images is at Dreamstime.com’s sole discretion. Dreamstime.com may terminate an Exclusive Contributor’s status at any time with no advance notice; an Exclusive Contributor may terminate their status as an Exclusive Contributor with thirty (30) days prior written notice to Dreamstime.com. If an Exclusive Contributor terminates this Agreement prior to the passage of six (6) months, Dreamstime.com reserves the right to recover all commission payments made to the Exclusive Contributor prior to the termination of Exclusive Contributor status. These payments include the upload bonus received after each accepted submission and the extra Revenue Share earned by exclusive contributors.

If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, Dreamstime.com reserves the right to invalidate and recover all earnings made by that Contributor through Dreamstime.com sales commencing with the date the exclusive image or images or portfolio were made subject to the Exclusivity Agreement.


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Alvera
2736 posts
77
Message posted at 08/28/2013, 15:31:12 PM by Alvera
This thread is beyond my power of understanding. The only three words familiar to me and somehow connected are Tangie, Nikitu and nude. Should I go to get another beer or stop thinking and go to sleep ???
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Akstp
76 posts
60
Message posted at 08/28/2013, 16:27:39 PM by Akstp

Originally posted by Akstp:
Quoted Message: I have a question about being an Exclusive Contributor: Are you saying that an exclusive photographer with Dreamstime can not sell any of their images (work) in any other way than through Dreamstime? I do not submit to any other microstock agency and any image (or close image) that dt accepts into my portfolio is not sold anywhere else except using DT provided html links. However, I own thousands of copywrite images and do sell many of them through other means. When DT rejects an image (for any reason) they are in effect telling the photographer that DT does not want it, so go sell it somewhere else.


I have sent an email to DT, using the quote above, asking if I am in violation of the exclusive contributor/exclusive image contract. If I am, then I have requested to be set back to Non-Exclusive Contributor with no exclusive images.
Sony DSLR a900 Full Frame camera w/wireless remote commande...

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Red
1796 posts
Message posted at 08/28/2013, 16:54:08 PM by Red
" ...and do sell many of them through other means."

I'm thinking that you will have to define "other means" for a determination to be made as to if you can be exclusive here or not.


Uploaded files:233 | Total Sales: 1648
Akstp
76 posts
60
Message posted at 08/28/2013, 19:25:59 PM by Akstp
Red, "other means" is defined as "any other means" to obtain sales of my images and receive a profit other than to another microstock agency. I highly expect that they will be setting my account back to Non-Exclusive Contributor and Non-Exclusive images, and that is fine with me. I thought that the limitation was only from other microstock agencies and accepted Exclusive Images. When I requested Exclusive status I miss interpreted the contract, as written because it is vague. My Bad!
Sony DSLR a900 Full Frame camera w/wireless remote commande...

Uploaded files:179 | Total Sales: 50
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