Hi,

I have a question regarding an answer I got from SS concerning the merge of two galleries at that agency due to the acquiring of the copyrights of a collection.

So, I’m considering to merge my collection with another one from which I may get the legal documents of the acquiring of copyright of the images. This is common and legal in the stock industry.

Still, I got an answer from SS saying:

“Our policy is that your images must be wholly and exclusively your own.
Currently, we do not accept these legal documents, and you are not
allowed to open more than one account.”

Isn’t this a completely illegal statement and policy? If I legally acquire the ownership of a collection isn’t SS bound by law to merge them since they do not allow more than one account per user and the images become mine?

I’m a bit puzzled by their statement because it sounds completely illegal as they internal policy cannot override the law of a country. Am I wrong?...

Best regards,
Jos? Elias
Jos? Elias's Photo Galleries at pbase.com

I doubt they are violating the law. They are a U.S. based agency and usually a company in the United States has the right to refuse to do business with anyone they don't want to do business with for any reason (provided it isn't based on some sort of discrimination based on race or physical disability). If they don't want to do business with you, they don't have to. It's no different than them refusing an image for having "no commercial value".

I doubt that it's illegal for them to refuse, even if you do own the copyright. There probably isn't even a law about something like that. On Shutterstock, they make their own rules as long as they fall within the legal laws of country - and usually the artist agrees to abide by their rules clicking "i agree" to the terms of service when they sign up.

Their statement about having the images be exclusively and wholly your own is true, except that there are at least a couple of galleries on SS where the images are not taken by the submitter - a series of vintage greeting cards is one. That person purchased all copyright to the cards, so I know it has been done in the past, but it wasn't a merged gallery.

That might be very different.

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Photography of Grace
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oops...sorry ed, i was writing while you were posting.

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Photography of Grace
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You could always delete and resubmit those photos as yours, couldn't you?

Yes, this was one of the examples I gave in my last reply to them. It's no different if I acquire the copyright previously or after I sign up.

I?ll have to read the agreement again, but if I have a document where I become the owner of the copyright than they are LEGALLY mine and thus, according to the SS agreement I must have them under one single account.

This is why I say that SS is not acting according to the law, and their own agreement, because they are refusing to accept a LEGAL document and to honour their contract with me.

As far as I know they say that the images must be mine and with that document they are!

Anyway, I find this to be a very simple thing from which SS is raising a lot of problems. Basically it?s just a question of good will, a little bureaucracy and a little technical intervention in the merging of accounts.

Regards,
Jos? Elias
Jos? Elias's Photo Galleries at pbase.com

Yes I could, but maybe I could get into trouble if they saw that those images have been under another account.

That's why I contacted them so they knew what was my objective and had the cooperation of them.

Regards,
Jos? Elias
Jos? Elias's Photo Galleries at pbase.com

Greetings,

I think this is something they should account for. It is going to happen when an account holder passes away, and the next of kin inherit the photos/earnings.

People can and will sell off their business/photos lock stock and barrel. The micro stock companies are going to have a process to handle these. Simply refusing to acknowledge facts of life don't make them go away.

Robert

They don't have to handle anything they don't want to handle - they have a right not to accept any images they don't want to accept regardless of the reason, so if you even want to get heard, don't approach them saying they must.

You'll probably get somewhat further by approaching them in a reasonable manner as Jose did in the first contact.

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Photography of Grace
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Photography Blography

Even if they are legally under the obligation to consider these photos to be yours and you have a good cause of action, practically what are you going to do? Sue them? It is your decision if you want to consult a lawyer.

Is it worth the legal fees, time and trouble? You may be better off to delete the photos and resubmit as your own. Alternatively, try to contact the upper management to pursuade them to be nice to you.