Author Topic: istocks ARTIST’S SUPPLY AGREEMENT (Read 2886 times)

dsonnenburg · « **on:** January 20, 2015, 22:16 »

in the agreement it says
3.   Grant of Authority
1.   The Supplier hereby appoints iStock as Supplier’s non-exclusive distributor to sell, license or sublicense Content to third parties worldwide and to collect and remit funds in connection with those endeavours on the terms set forth in this Agreement. For all Content, Supplier grants iStock:
1.   The worldwide right to market and sublicense the right to copy, use, reproduce, distribute, redistribute, sublicense, publish, republish, upload, post, transmit, broadcast, crop, modify, alter, create derivative works of, package, repackage, produce and sell prints or similar image products, or publicly perform or display Content to prospective licensees in any and all media now in existence or that may in the future be introduced: (i) through the Site; (ii) through other venues owned or operated by iStock or its affiliates from time to time, and (iii) through Distribution Partners (defined in Section 3(c));

does this mean the purchaser of my image can sublicense my image to another party for their own profit? Can they sell prints of my images?

No Free Lunch · « **Reply #1 on:** January 20, 2015, 22:19 »

I cannot take anymore Exciting News! Off to bed

lima · « **Reply #2 on:** January 20, 2015, 22:28 »

$:-\$ $:-\$ $:-\$ $:-\$ $:-\$

Jo Ann Snover · « **Reply #3 on:** January 21, 2015, 01:09 »

The wording doesn't say the purchaser gets the right to sublicense, but that you grant iStock the right to sublicense your work to a purchaser - covering things like Thinkstock where you grant iStock the right to license your image and it's Thinkstock that grants the license to the buyer, sublicensing your image from iStock.

The wording in SS's TOS is similar:

"By submitting any Content to Shutterstock, you hereby grant Shutterstock a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any Content uploaded by you and accepted by Shutterstock, until this Agreement is terminated as herein provided"

As far as the prints, that's also you granting iStock the right to sell prints as well as licenses to use your image, not granting those rights to the buyer (they have to buy an EL to be able to sell prints).