What does the GettyImages iStock non-exclusive Agreement say?

I have been offered to join GettyImages as an iStock Contributor under their Artist's Supply Non-Exclusive Agreement. Could someone please explain to me what the Getty Images iStock non-exclusive Agreement says or at least point me in the correct direction to finding someone who can explain it to me? Should I get a lawyer to explain it like they suggest? I live in America and take my photos in America currently.

\$\begingroup\$ I'm voting to close this question as off-topic because its about license agreement and not about photography. \$\endgroup\$

\$\begingroup\$ @RomeoNinov I think that the general concept of licensing agreements comes under "the business of photography" which is definitely on topic here. That said, the usual comment about us not being lawyers definitely applies here. \$\endgroup\$

\$\begingroup\$ Have you searched the GettyImages website for the agreement in question. . \$\endgroup\$

\$\begingroup\$ Have you read Getty's FAQ about the agreement? What has your research led you to find? What parts of the agreement are unclear or confusing? \$\endgroup\$

1 Answer 1

Standard legal disclaimer: I am not an attorney. Do not rely on legal advice from random strangers on the internet, other than advising you to get the opinion of a legal professional.

Should I get a lawyer to explain it like they suggest?

Yes.

As with any legal matter, the only advice that matters is the advice you pay for (i.e., your attorney's advice). If you don't feel you understand this license, agreement, or contract, you should definitely obtain legal advice. Actually, even if you do feel you understand it, you should probably obtain legal advice.

What does the GettyImages iStock non-exclusive Agreement say?

Sorry to be blunt, but it says what it says. Roughly,

1. You appoint iStock to be agent to license, sub-license, and distribute the content you submit;
2. iStock will solely determine what it accepts as "Accepted Content" for submission, presentation, distribution, etc.
3. iStock can change its basis of determination of "Accepted Content", and also change its opinion on previously "Accepted Content" at any time.
4. A whole bunch of rights regarding worldwide, perpetual, continuing license to use licensed content, as solely determined by iStock and its divisions and partners.
5. You retain the title and copyright to any Accepted Content you provide, and is not transferred to iStock or any third party. Except as described in the license.
6. iStock may grant high-volume licenses to its customers and partners. If your content is included in such a high-volume license, you are paid by either the fraction of your items in the total collection, or the relative value of your items compared to the other items it is bundled with. The application of either payment method is at iStock's discretion.
7. You agree not to upload images, content, and metadata that you don't own the copyright on.
8. You agree iStock (and its executives, directors, employees, etc.) are not liable for any damages if any content or descriptive information about the content is wrong, mis-entered, missing, etc.
9. iStock will try to give your credit for your work, but is not liable if it or its partners don't. You waive the right to object if commercial use of your content is not credited to you.
10. You accept and waive any right to ojbect that your Accepted Content may be modified, or used in ways or in conjunction with other content, sensitive topics, etc., that may be objectionable to you.
11. You will be paid within 30 days after your content has been licensed, or after iStock has been paid for your licensed content, and only after you have accrued at least $100 USD of licensed content, after Royalty Deductions.
12. If you bring any legal complaint (i.e., legal costs) against iStock, they can set-off licensing payments to you to recoup those costs.
13. If iStock is told to stop licensing your Accepted Content because it is determined your content violates somebody else's copyrights, iStock doesn't have to pay you pending amounts related to that work.
14. If iStock helps sell an exclusive license of your work, then iStock is entitled to a reasonable administration fee from the amount of the exclusive license.
15. You are solely responsible for the password(s) to your account.
16. iStock will provide some information to help you manage your content information, but is not responsible or liable for policing unlicensed use of your content.
17. A whole bunch of legalese about:
    a. Confidential information
    b. Representation and warranties
    c. Indemnity
    d. Term and termination
    e. Effect of termination
    f. Disclaimer of warranties
    g. Limitation of liability
    h. Applicable law — the law of the State of New York
    i. General terms