Thoughts On Unsplash

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Zack Arias

Zack Arias

6 жыл бұрын

TL:DR - There's a massive liability issue with Unsplash and sites like it. Also, photographers are getting taken advantage of. Everyone is just one good lawsuit away from the whole thing taking a nose dive.
Here's my follow up to the Unsplash topic I've been talking with folks about for a few weeks. If you think this is long... I edited twenty minutes OUT of the thing! Find more discussion on my blog here...
www.dedpxl.com/blog
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The Full Statement from attorney Carolyn E. Wright
www.photoattorney.com
"Proceed with caution with dealing with Unsplash. Photographers who contribute photos there may find themselves in a lawsuit for a variety of reasons. While an end user clearly has the responsibility to secure permission for a commercial use of a photo of a recognizable person (as evidenced by a model release), stock agencies and photographers have been sued for right of privacy/right of publicity claims when posting and/or offering for licensing photos of people.
End users/publishers who use photos from Unsplash may be subject to liability and damages in several ways. For example, because copyright infringement is strict liability, publishers may infringe if the photos were uploaded and then used without the copyright owner's permission. Trademark owners may have a trademark infringement claim against the photographer and/or end user if the product photo causes confusion as to the source of the product or dilutes the trademark.
An attorney representing an aggrieved party likely will sue the publisher, Unsplash, and the photographer to increase odds of recovering damages for these claims. Therefore, the "free" element of Unsplash may ultimately cost you more than when using a traditional license model."
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GDPR pdf regarding Street Photography that I mentioned in the video. This is a really interesting read and it's going to be interesting to see how this plays out in real life.
idpc.org.mt/en/Documents/Data...

Пікірлер: 429
@mattmitchell6157
@mattmitchell6157 6 жыл бұрын
This confirms my suspicion that so many people just haven't made an effort to understand licensing at all. They won't just go to court, they will lose.
@ZackAriasATL
@ZackAriasATL 6 жыл бұрын
When people think a CC0 or Unsplash license covers a model release and you don't really see Unsplash doing much to educate contributors or users... it's a huge problem.
@AndrewGoodCamera
@AndrewGoodCamera 6 жыл бұрын
We had a few images up on Unsplash in their early days. Forgot about them until last year, one of our subscribers pointed out to us that they saw one of our Unsplash photos had won a photo contest under another photographer's name. Hilarious. And alarming.
@fabipuello
@fabipuello 6 жыл бұрын
Denae & Andrew that certainly stinks.
@altamashurooj
@altamashurooj 6 жыл бұрын
oh damn !!!!!! Thats reason enough to stay the hell away from it.
@rigby3780
@rigby3780 6 жыл бұрын
but your meta data proved the original shooter.. right?
@WalidAzamiTV
@WalidAzamiTV 6 жыл бұрын
How gross of them! Sorry that happened to you.
@hautehussey
@hautehussey 6 жыл бұрын
Denae & Andrew I think you could sue for that. Allowing usage doesn’t give other photographers the copyright.
@thomascampbell3223
@thomascampbell3223 6 жыл бұрын
When you give your work away you devalue it. The legal implications highlighted are real. In this world so many live to claim for any error made. His warning should be heeded.
@ThePokiman
@ThePokiman 6 жыл бұрын
Zack, you are so right! Unsplash? No thanks! Everyone stuffs their pockets full of money at this "Unsplash - for free" number, only the photographer does not earn anything to pay his bills. That is not the right way!
@VikrantTuniousPhotography
@VikrantTuniousPhotography 3 жыл бұрын
I had no clue about this unsplash and how it is impacting not just me as a commercial photographer but the entire industry. Thank you Zack bringing this to light..
@andrewhulson4000
@andrewhulson4000 6 жыл бұрын
Zak, I have followed you for few years and bought a couple of your Creative Live training. What I love about you is your "honesty". For me you are an advocate of Photography, you stand up and question how and where the industry is going. The industry needs more people like you Zak, who question where it is going and what it would mean for the photographer who makes money from their craft. Thank you.
@nicolesy
@nicolesy 6 жыл бұрын
I really enjoyed this, great points about the legality of releases. It's sad how so many photographers are clueless on the importance of model and property releases.
@LavikkaPhotography
@LavikkaPhotography 6 жыл бұрын
Worst business model ever. There should be a class action law suit just to end the existence of sites like this that prey the exploitation of artists. I actually heard about this thru Weebly......
@PatMcGowansChannel
@PatMcGowansChannel 6 жыл бұрын
Maybe a crowdfunding campaign to battle these fuckers in the media and the courts?
@markivkovic7235
@markivkovic7235 6 жыл бұрын
Thankyou Zack for again standing up for our industry in your very effective way. Rather than rant / rage / bad mouth the thing you attempt to educate. Good man, very well made points.
@MomentsFound
@MomentsFound 6 жыл бұрын
Thank you Zack for taking the time to post this. I’ve been a professional wedding photographer for 20 years and am retiring at the end of 2018. It saddens me to see this slow motion train wreck effect on our industry. I’ve seen so many scammers, faux magazine, and websites pandering to the egos of photographers that get little or nothing in return. Ours is an unlicensed industry and that often translates into photographers without the proper training.
@georga.pfluger7524
@georga.pfluger7524 4 жыл бұрын
Hi Zack, thanks for sharing all this. It's helping me to understand another side of Unsplash. I understand your point of view and your anger. I very much appreciate the way how respectfully you speak about the quality of many of the pics at Unsplash. I agree that there is a downside to this idea of „free“ photos. It made me think. Thank you. I also liked your ideas about sharing one's work but stay in control of it. Why not founding a cooperative of photographers or creative artists? That could be a win-win and creative way to do both - share and make a dime of it. Well, what ever you do these day - you've got to cope with creative destruction caused by digital reform. Unsplash is certainly one of its outcomes. They may not be yet where they are supposed to be, but they have something, isn't it? Let's find out what it is and use it our way. That's all we can do these times. Good luck! Georg
@ZackAriasATL
@ZackAriasATL 4 жыл бұрын
Thanks, Georg!
@anthony_pizzoferrato
@anthony_pizzoferrato 6 жыл бұрын
Great video Zack! It's unfortunate how so many photographers are clueless to model and property release only to try and gain more notice in for themselves. We all know how hard it can be to try and gain some recognition especially when we are just starting but one of the worst things you can do is literally sell your soul just for likes, follows and other hollow, moral lacking recognition. I feel the reason why photographers are not respected the same as they once were is partially due to allowing ourselves and our work to be taken advantage of.
@sbai4319
@sbai4319 6 жыл бұрын
Hi Zac - thanks so muchn for this video. As someone who cares for the craft of Photography, the Photography community needs to stand up against this kind of enterprise. I will urge all of my friends an colleagues to watch this article. I don't want to see a great craft ruined in this way - Zero sum solutions benefit no one!
@adventure_photo
@adventure_photo 6 жыл бұрын
Stay strong Zach and thanks for taking up this fight for us photographers and photography in general! The way I see it is good imagery has value whether you're a pro or a hobbyist, and one should charge accordingly for that good photography. Why wouldn't you want to be paid for your good work? Seems like a no-brainer to me. And just because you do not derive the bulk of your income from photography, why sabotage that industry for others in order to satisfy your ego? Don't give your work away for free, especially under this model. It is predatory and I hope Unsplash fails miserably.
@jonjanson8021
@jonjanson8021 6 жыл бұрын
It's just age old vanity publishing. Same old formula that rely's on the photographers ego and naivety.
@Lunathean
@Lunathean 5 жыл бұрын
Thank you, I seriously am so grateful that you made this video. I was about to use Unsplash until I watched your video, you saved me from making one of the biggest mistakes of my life as I don't have the money to afford a lawsuit
@GregWallis
@GregWallis 6 жыл бұрын
Zack, you've surpassed yourself, this was great, and very much appreciated.
@fidelcashflow4700
@fidelcashflow4700 6 жыл бұрын
Zack, man, thanks for that video. I really have a lot of love for you and your work - as a person, a photographer and a youtuber. Thanks for sharing and greetings from germany. Robert.
@RitaCandida
@RitaCandida 4 жыл бұрын
Thank you for making this video, Zack. I had no idea how big Unsplash was or how pervasive the problem. Let's put pressure on some of these huge companies that are using free images. While it would be hard for most photographers to boycott Apple what about SquareSpace, Bride Magazine and Progressive Insurance? They should know better & why should we (photographers) patronize them!
@ubercurious
@ubercurious 6 жыл бұрын
Thank you for making this video Zack. You're doing all of us photographers a great service by reminding us of how important it is for us to value our work. My photography business right now is small, and part-time in addition to my full-time 9 to 5, but I do take the work and protecting my copyright seriously. Can you recommend a source online for licensing and limited use agreements for photographers ?
@THISISBRENTINOKINAWA
@THISISBRENTINOKINAWA 6 жыл бұрын
You do this so well, Zack. Always nice to see you take on issues like these.
@WalidAzamiTV
@WalidAzamiTV 6 жыл бұрын
Zack cannot even begin to tell you how happy I was to see this video. I'm half way through my own Unsplash article/video and am so happy to see others standing up for everyone else. You made some very solid points and have every right to be upset. It was a powerful and raw video, very much appreciated and needed!
@eddradcliffe
@eddradcliffe 6 жыл бұрын
Spot on Zack. My partner works in publishing (rights clearance to be specific) and the amount of images without proper research is astonishing! She is listening to this video nodding and agreeing all the way.
@sroown
@sroown 6 жыл бұрын
Hey Zack, thank you for immense time spent on this subject. Just wanted to get back here since I've harshly commented on the first video and I feel the need to clarify what motivated me to write the first time. You are absolutely spot on when it comes to legal terms and model releases subject and only ignorant person will try to negate that. What I hated there is the moment when you expressed your concern about your business and other creative photographer businesses (in first vide). If we skip photos that have questionable legal subjects (without model releases or permits etc.) Unsplash is somewhat alright as a platform to exist. I would like to praise you on what you said after minute 40:00, no one who want's to be in control of their creative work would or will ever upload anything there. There are many other platforms to promote creative work where you can define usage of your stuff. Unsplash should be more careful with what they are doing and update their operating model accordingly. Photographers can still use it as a dumpster for works they don't care much about (don't want to have control over) and someone might find if useful for their benefit. Professional photographers should not be afraid of these or similar platforms because what distinguish them from amateurs is their creative skillset, their expression, sometimes just experience, and that is making their work valuable on the market.
@david-paquette
@david-paquette 6 жыл бұрын
i was a photographer back in the days... All i can say is the new wave of photographers doesnt care about the medium but more about themself (self-promoting), what they are selling arent the end picture but themself thru socialmedias. Photos and Videos as a medium is going down since the digitalisation of our gear... KZfaq - vimeo - facebook - instagram - etc... Sorry to tell you that but with all the free pictures used in commercial medium, what are the percentage of lawsuit? I guess it's close to none. That could be your answer right there. Love your channel Zack but your should do more than a vid per year ! :)
@garymadison9888
@garymadison9888 5 жыл бұрын
Zack, your video was eye-opening, thought-provoking and empowering for me. The title does not come close to hinting at the value and importance of what you say in your video. This stuff is a 'must view' for every photographer. Thank you for taking the time to share your insight.
@yogaFLIGHT
@yogaFLIGHT 6 жыл бұрын
Here's a question: if using a photo of say someone's hand / leg / back commercially that I have taken, do I need a model release?? And what about moving into the context of shooting video for youtube. If someone walks through my video, do I need a model release if I'm out in the public taking video?
@BillFerris
@BillFerris 6 жыл бұрын
yogaFLIGHT I'm not a lawyer so, the advice that follows is not and should not be considered legal. It's not even expert. This layperson's understanding is that, if you use a photo or video of a person or property for commercial purposes, you need a release from the person or property owner granting you permission to use that photo or video. Use of such materials without expressed permission may be grounds for legal action, which may result in financial or even (depending on the use) criminal penalties. In the US, if you're in a public space and make a photo or video of other people in that public space, no permission or release is needed to make the photo or video. You can use those likenesses for non-commercial purposes. Sharing the photo or video on your social media site as a record of the great time you had in that public space is one such non-commercial use. Different countries have different laws and it's your responsibility to know and observe those laws when in another country. Getting back to commercial use of photos and videos, if that is part of your business, I recommend you retain a lawyer, legal advisor or other qualified advisor having expertise in this field to provide occasional guidance on the proper commercial use of such materials. Each of us has the right to control the use of our likeness, our voice, creative works and property for commercial purposes. Any step a person takes to ensure those rights are protected and respected, is probably the right (and legal) thing to do.
@WilliamAlanPhoto
@WilliamAlanPhoto 6 жыл бұрын
Thank you for this perspective Zack. Thank you for thinking about it, researching it, and giving a fair, honest and heartfelt assessment. Your sentiment is exactly mine. All I can feel is seething rage toward this careless bung-holing of my lifelong, beloved industry. What is that sad audio that you use at the end?
@CristianGeelen
@CristianGeelen 6 жыл бұрын
Zack! Love the video! But what sample are you using for the intro and the ending? I am a vivid vinyl collector and i got curious. :)
@victorbart
@victorbart 6 жыл бұрын
Great info! Never knew how this all work. Thanks for sharing it with us!
@MikeJamesMedia
@MikeJamesMedia 6 жыл бұрын
Thank you, Zack, for your thoughtful videos on this subject. It's amazing to me that people are participating without a clue or a care as to what can happen. Wow. And... This is happening with other art forms as well. I spent most of my life as a musician, and see this all the time. A party-type DJ once gave me a whole speech about how I should come to "hear his show". He was simply playing top-40 commercial recordings, pushing buttons to activate scripted lighting changes, along with playing some of his "compositions", which were entirely constructed from pre-fab loops (mostly typical top-40 drum beats) that he found for free on the internet. When I think about the people I've admired in music, who spent their entire lives learning to think, listen, and move their bodies in very specific ways, to create a performance, and then think about that DJ, it just makes me sad. (Still, he did pay ASCAP for the use of the commercial recordings, so what he did was legal.) Being a one-man-show, he could easily undercut bands, and personally make a lot of money. Aspiring "designers" are building their products from pre-fab templates too. With major names like Adobe, at least those are properly licensed, but I would never use one, because ultimately, the odds are that lots of other people use the same templates. It's ok of course, to create a product like that, if you're a beginner, and just learning. But when people portray themselves as "artists", they should actually take the time to become one. (!) For me, this is a lifelong observation. Most people don't have the drive to maintain high standards throughout their career. If they're desperate for some recognition though, they can lip-sync their songs, along with a recording of their band, create a web site on some template-driven, "drag and drop" platform, have galleries of images they didn't create and didn't credit the creator for, endorse any company that asks, in order to get money or "stuff", and somehow believe that they're a real artist. Worse yet, their audiences are uneducated enough to buy it, and people like that can make a lot of money before the truth eventually surfaces. I'm not "anti-technology". (I make my living doing aviation-related 3D modeling.) Using music as the example again... It's fine with me if a young and/or inexperienced musician uses a drum machine to analyze and learn things about rhythm. It's even fine with me if they use that drum machine and a sequencer on their hit recording. But... That should be clearly stated for the buyer, and frankly, I've always felt that music should be sold in two categories... "Real people playing actual instruments", and "everything else". Synthetic art has an audience, and that's ok, but it shouldn't be compared to what real humans do. There's a lot of flash-in-the-pan media happening, but a lack of real creativity, in my opinion. "Giants" in the art world are still as rare as they ever were, and that fact is blurred by the barrage of info and media we see. It's becoming easy for amateurs to copy other people's work and get away with it, thanks to low-cost technology. Unsplash is the most extreme example I've seen, and there's almost certainly some trouble coming, as you described. Being a "media manipulator" is not being an artist, but young people who don't have art educations don't seem to get that. I was on another photography site the other day, discussing "widgets" for cameras. The extreme example I gave was... Why not have a camera that's on all the time, and buffering images and video from the last few minutes all times, uses AI to seek and find photo opportunities and notifies the "photographer", who then just follows some arrows on the rear screen to see where to point the camera, and then the camera processes the images and publishes them in real time. The punch-line is that some people would love that... "auto everything". To me, the cat that's out of the bag is intellectual property rights, in general. It used to be somewhat easier to track this down, when we were mostly reading magazines and watching 3 channels on TV. Today though, the internet has made any sort of tracking nearly impossible. There's so much information in digital form already, that no one really can grasp the depth of all the theft that goes on. All of this threatens the art world more than most people realize. It's killing off industries one by one. (Support for live art of all kinds, for example, is a tiny fraction of what it used to be, thanks to portable phones and tablets, along with cable TV.)
@michaelneuharth5170
@michaelneuharth5170 6 жыл бұрын
Great thoughts as ever, Zack. Thanks for getting obsessed for us and really shining a sobering light into this.
@DarrenHull
@DarrenHull 6 жыл бұрын
Great work man. Very thought through and the time invested is appreciated. Thank you.
@zachiddings
@zachiddings 6 жыл бұрын
Thank you for this. Frustrating that there's so many people on there that are "SO stoked to see my totally free photo being used in a huge corporation's ad! Hooray! Internet points!" Pretty sickening.
@PekkoAhlsten
@PekkoAhlsten 6 жыл бұрын
Well said, Zack. I agree. What kind of a photographer uploads his / her images on this joke of a site?
@AydinOdyakmaz
@AydinOdyakmaz 6 жыл бұрын
Not sure who unsplashed is but they sound like they have no clue legally . I’m a Getty shooter and they won’t even take it if a release isn’t sent in. Period unless it’s news journalism. Good luck to all of these people using Unsplashed but any agency would never use them . Thx for educating new photographers watching this they need to be educated. All the best.
@timothywoods5959
@timothywoods5959 6 жыл бұрын
Enlightening Video Zack! I was unaware of Unsplash, now I am going to see if I can see myself or anything I own on there and sue someone!
@steveglassvideo
@steveglassvideo 6 жыл бұрын
Thanks Zack. Well said. There's no money in stock anymore as there is an ever replenishing supply of folks who will do it just for the validation. We just got to look for the ops that are not stock and focus on our uniqueness and what we bring to the table.
@sergiogarcia5151
@sergiogarcia5151 6 жыл бұрын
LMFAO at Zack's deep calming "don't lose my shit" breath when reading comments for Joanna's cover shot
@ZackAriasATL
@ZackAriasATL 6 жыл бұрын
Right? Photographer being "recognized?" by getting a special insert front cover without so much as a thank you???
@sergiogarcia5151
@sergiogarcia5151 6 жыл бұрын
Zack Arias Aside from Unsplash, the next aggravation is how Joanna feels this is rewarding. I am sure there are alot of other photographers on there that are blinded by what they are missing out on. Way to go Unsplash on the huge Jedi mind trick...... ::waves hand slowly:: "You are happy your photo was chose"
@yukonchris
@yukonchris 6 жыл бұрын
Zach, I've only watched two of your videos over the years, and they've both been dead on! I'm gonna have to look for more of your stuff in the future. Take this video, for instance. I watched it from beginning to end, and I agreed with pretty much everything you said. Ya know, I love the idea of sharing. There’s a part of me that hopes for a day when we have evolved enough as a species that co-operation conquers competition, respect replaces contempt, giving supersedes selling, etc, etc. Moreover, I understand people who support the idea of a creative space for sharing, and who gain meaning from that. Seeing other people appreciate your work is very cool! It's also a nice way to get feedback and grow creatively. The problem is that while many people are already there, our world isn't and that leads to many of the problems you've mentioned in your video. The fact that a huge corporation, or even an individual with means, may see no problem at all with using someone else’s hard work and talent, while selling their own, feels twisted. When they do so without so much as a by-your-leave, or a thank you, it feels quite a bit worse. Sharing with others who share is a wonderful process; but frankly, if you are using a work of art, whatever it might be, for a commercial purpose, you should pay for it. Period! That’s just showing respect. The fact that it isn't always happening that way suggests to me, that just as we appear to have rules to protect those who appear in works of art, hence model releases, we might also benefit from rules that require some sort of fee or contract for any work of art used in a commercial context.
@ezbron
@ezbron 6 жыл бұрын
Thank you Zack for sharing your valuable time and channel to shed a light, to point at the ever growing iceberg that it is this matter... I am one of those 'beginners' with a tiny sail-less boat that gets drowned so much more because of that mindset! So much buried and cheated that you start to feel that is just the way to go, even though you know it is wrong... And I believe some of those unsplash users know it is wrong. Thank you nonetheless... I will share this video to some platforms i am part of, with photographers and spread the word... if that is ethical and the minimum i can do.
@SuzaideeMohdShom
@SuzaideeMohdShom 6 жыл бұрын
finally, someone with your level voice this out. There're also a situation where the image actually not belong to the photographer. They might copy it from other site and upload it to Unsplash. Tha't why when you requested for model release they failed to deliver it to you.
@CanadianArchivist
@CanadianArchivist 6 жыл бұрын
Great video. You can clearly say at any time ... “ I’m the only one with a clear conscience to say I told you so. I warned you... “
@saurabhnarang4060
@saurabhnarang4060 6 жыл бұрын
I think you've put up every photographers out there... thanks for this! I recently spent three days chasing a boat man to get his release...it's not easy and not to be put out for free for sure!
@johngrubb007
@johngrubb007 5 жыл бұрын
You nailed it 100%. When I looked at unsplash when it was the 'NEW' thing for photographers, I saw what it was about and never went back. Sad to see so many that are so desperate to get a false sense of accomplishment by their so-called 'views' of their images. Very sad indeed.
@19501960
@19501960 6 жыл бұрын
being a musician, i feel your pain, but can't be stopped. Loyalty free music is around big time.
@gearreallydoesntmatter
@gearreallydoesntmatter 6 жыл бұрын
Dee Em That wasn't exactly the point. The music analogy would be stealing your music, which you didn't intend to be royalty-free, selling it and not giving you squat.
@TorIvanBoine
@TorIvanBoine 6 жыл бұрын
Great video Zack. One of the reasons I've quit photography. My photographs won't be missed.
@victorbart
@victorbart 6 жыл бұрын
Zack is Back! Good to see you!
@vic_the_roman
@vic_the_roman 6 жыл бұрын
Damn son! Fire! The truth has been spoken! Zack , thanks for sticking up for all of us. Didn't know about Unsplash until the previous DEDPXL blog post. Crazy how photographers are using that platform with no true value to the photographer.
@zdrang8893
@zdrang8893 6 жыл бұрын
You had the interview with Mikael, now pick 5 pro photographers that uploaded their stuff on unsplash and have the same type of conversation.
@GamingBear_Q_E_D
@GamingBear_Q_E_D 6 жыл бұрын
It's hard, it has to be kept professional ... the costs, the time, the speciality ... the releases... Maybe a monthly fee with a percentage going to the photog's on a per pic basis? I don't know, but there has to be a way.
@JozefPovazan
@JozefPovazan 6 жыл бұрын
ZACK THANK YOU, this represents all of us and you found a time to do research, put this presentation together and shared it this way... Hey photographers if this is what does not wake you up for letting your work out there being used anyway someone wants, it is time to wake up ! Being creative does not mean to give away for 0000000000000 your creativity does it? Happy shooting everyone :) and THANK YOU AGAIN ZACK for putting light into this shady zone. Cheers. J
@grahamveal
@grahamveal 6 жыл бұрын
Couldn't agree more, hopefully some people will educate themselves watching this!
@abhireeder
@abhireeder 6 жыл бұрын
Thanks Zack for initiating an interesting discussion. This is a great example of civilized discussion on social media. Its becoming so common now a days, for people to hide behind anonymity and spread hate and anger. Its fresh and to the point. Your video is definitely "More Signal, Less Noise". I am a hobbyist, who likes anything related to photography. Love to take pictures, learn from great photographers like you and many others. Still I find myself getting bothered by the visual clutter and noise around me in my virtual social world. I guess its about the seer numbers of photographs being created and thrown around and consumed which is making it painful for a viewer (a photography enthusiast) like me to take in even good photographs. My attention span of looking at a picture has reduced. Only when I intentionally want to enjoy a photograph, I go to known resources (photographers like you), other than that its all scroll up and scroll down.. I think the present day challenges have same basic underlying causes... the issue with abundant supply... Demand did not increase in proportion to the Supply. Digital medium and technology (social platform and camera technology) helped so many people to enjoy this art but also created lots of headache for many others. The issues can range from monetization for commercial photographers..to basic headache of storage management for home users... We are creating pictures using iPhones (or any other smartphones) and filling up the drives and never getting a chance to look back at those memories.. Living in some future..."Ohh I'll look at these pictures when my kids grow up and move out of the house and we are retired...it will be nice to have these memories.."... Forgetting that the number of years of our lives getting reduced handling this pressure of managing storage and worrying about file-format changes.... I have started de-cluttering my life by staying away from social media and being conscious of my time and energy spent on virtual Vs real social world.. and consuming internet junk consciously.. Zack... I don't know how to add to your discussion and thoughts about making a living of photography. But I wanted to acknowledge you, and couple of other photographers, for the contribution you all are making to my virtual social world and helping me enjoy the process of creating pictures when I feel an urge to create something.. Good luck!
@r_brinkley
@r_brinkley 6 жыл бұрын
Thanks for your research and insight into this. I appreciate your effort and perspective.
@BigWillieisms
@BigWillieisms 6 жыл бұрын
Never heard of this site until this video. Def hope this video is a way to help them get things fixed for photographers/models. And hopefully it's not something that's bringing them more exposure and ends up hurting us more than anything else. :(
@Gemini_Connect
@Gemini_Connect 6 жыл бұрын
Well said, Zack. I've seen so many positive articles about Unsplash (including Samuel Zeller's), but sites like this and Pexels have always bothered me. My issue comes more from the fact that attribution isn't required, so your photo credit (read: exposure) is lost almost immediately. But this is a very important point about the model releases. Thanks for sharing...will be curious to see the outcome of Unsplash, esp after their new round of funding they announced earlier today.
@ChrisWatkins87
@ChrisWatkins87 6 жыл бұрын
Great video Zach! In our industry model and property releases are extremely important!
@MikaelRoosphotography
@MikaelRoosphotography 6 жыл бұрын
Take 'em down, Zack! This is such BS and you're 100% right.
@chrisogrady28
@chrisogrady28 6 жыл бұрын
Yay it’s our annual video from Zack XD
@ShermanKenB
@ShermanKenB 6 жыл бұрын
Zach, I think you hit the nail on the head. In all of our session consultations we talk about copyright, who own's it and that you our client has control over where their image is displayed and we get a model release for all the work we do. It's the only small educational step I know how to do. It's even more disturbing that you pointed out Conde' Nast using images with out model and property releases. I don't expect amutures to understand the legal ramifications of this but major publications should as should unsplash.
@martinlatal_
@martinlatal_ 3 жыл бұрын
Two years since this video has been released could be enough time for me to learn. Yet here am I, having my shots presented as someone else's artwork
@XeoWolf
@XeoWolf 6 жыл бұрын
Zack, why are you the only Photographer on KZfaq that's addressing this?
@bernardosilva7306
@bernardosilva7306 6 жыл бұрын
Sam Tucker - XeoPhoto Because he is one of the only real photographer on KZfaq? The others are more like gear reviewers.
@XeoWolf
@XeoWolf 6 жыл бұрын
I wasn't asking about gear reviewers. I'm referring to other photographers on youtube. Heaton, van Son, etc.
@oh-totoro
@oh-totoro 6 жыл бұрын
Elia Locardi has brought Unsplash up recently... kind of. Canon use Unsplash to fuel all of their social media, rather than having to pay for the use of photos. And one of the photos they have used recently, had the sky copied and pasted from one of Elia's photos (obviously without permission). But Canon's response was simply that it's not their problem because they got the photo from Unsplash.
@jamestarry4814
@jamestarry4814 6 жыл бұрын
this is whats driving me nuts too. I've been going on about this since last year since a friend showed it to me, and no one seems to care. I get why some 'influencers' dont, the risk of being negative or going against a company might hurt their 'brand'. But this ultimately hurts photography (not just pro's).... so glad Zack is addressing this
@fotochuck
@fotochuck 6 жыл бұрын
This does NOT affect most photographers. Jack & Jillwon't find their wedding photos on Upsplash. People will not find their headshot on Upsplash. XYZ Manufacturing will not find shots of their NEW, never seen product on Upsplash. Wedding, portrait and commercial photographers CAN'T be affected by Upsplash.
@lukebryant
@lukebryant 6 жыл бұрын
Wow!! This is very interested and I now have a much better understand of the high importance of model releases
@d.terrillwilson1575
@d.terrillwilson1575 6 жыл бұрын
Thanks for shining a light on this practice Zack.
@leinie2317
@leinie2317 4 жыл бұрын
wow, great videos! As a freelance designer, I probably saved myself many troubles by watching this video. Thanks, Zack
@pahountisg
@pahountisg 6 жыл бұрын
Zack thank you for your perspective. great work sir
@alasdairgillespie6077
@alasdairgillespie6077 6 жыл бұрын
If you don't value your work, nobody else will!
@naturalismundi4359
@naturalismundi4359 6 жыл бұрын
These sites are "cut and run" sharks. The new formula is "ignore the law, make your money and then get out" before the lawyers hit you with something that will stick.
@07wrxtr1
@07wrxtr1 6 жыл бұрын
Exactly: Make up some "startup" business, bring in VC (super rich morons with money to burn), sell it to an oligopoly like apple/samsung/fb/amazon, cut bait n run with $$ in hand. Everyone gets paid except those that actually produce the content and/or are doing the real/actual WORK, that's our corporate fantasy land that each of us is all contributing to instead of fostering real life relationships and our real families.
@thezombiekillmachine8190
@thezombiekillmachine8190 6 жыл бұрын
Zach we have just demystified the "Are you a pro" this whole unsplash deal has made it very clear what the difference between a REAL Pro Photographer and those who say they are pro's, If you can't understand and navigate a model release your not a pro . these are my feelings atleast . I'm not saying that if someone understands the importance of a release they are pro but I'm saying that its one of many aspects of being a profesional photographer.​
@thezombiekillmachine8190
@thezombiekillmachine8190 6 жыл бұрын
Oh and thank you for everything you're​ doing to help preserve our way of life as photographers.
@lilscottieme
@lilscottieme 6 жыл бұрын
Thezombiekillmachine Erm if I am not mistaken a few so called pros have done ass**** things in the past so forget this "you're a pro when you do X" and and "not a pro when you do Y". Simple fact is if people break the law then they will be held accountable if they get caught or someone reports them. If someone wants to give their images away for free then you can't stop them.
@dondons5688
@dondons5688 5 жыл бұрын
This is the most thoughtful video I have seen on the subject of Unsplash. Thank you.
@5minseg
@5minseg 6 жыл бұрын
I understand the potential liabilities, as you explain them so clearly (thank you so much for that). Still, I have a question: The site has been up since 2013, so how many suits have happened in these 3-plus years due to said liabilities? Granted, just because it hasn't happened yet it's no guarantee that it won't in the future. But considering the huge amount of photos, identifiable models and photographers on Unsplash, isn't it at least curious that no legal action has resulted from the site yet?
@ZackAriasATL
@ZackAriasATL 6 жыл бұрын
It is. But the more images uploaded the greater the chance something will go down.
@femalefrankenstein
@femalefrankenstein 6 жыл бұрын
Ugh, the car analogy is so painful.
@joshuahunt1210
@joshuahunt1210 3 жыл бұрын
It was a good analogy.
@CameraMystique
@CameraMystique 6 жыл бұрын
In the translation industry, *a)* translators do not have copyright protection, *b)* past translated phrases or parts of phrases (!) are re-used without payment by the agencies (called "matches" and "fuzzy matches") even if they are inside the new text, and we are not paid for them although context requires their review, *c)* they are even asking us to make "creative content for new companies" at the abysmally low translation rates (key phrases for Coca Cola made at $20). Our income per working hour has decreased to 1/5th (one fifth) of what it was 20 years ago. This trend started by European companies 20 years ago with the construction of automatic translation databases, and was intensified by European translators who are unable to negotiate anything and are just happy living without even decent heat or food in many cases. At any rate, we work double and triple shifts to just maintain half of the living quality we once enjoyed. The consumer is NOT benefited, since the agencies keep the balance (the consumer still pays the old high rates).
@christiansantiagophotography
@christiansantiagophotography 6 жыл бұрын
You have articulated my frustration with the deluge of "Instagram" photographers who have invaded the industry in the last couple of years. I understand the need to keep your ear to the ground with current trends in your industry, and that changes in tech will create changes in the market for your services as a photographer. But this type of shit is just straight up toxic to the industry. It straight up endorses, encourages, and instigates the narrative that photography is "cheap" and that anything online is free to use just because it doesn't cost you anything to download it.
@tubbytuber
@tubbytuber 4 жыл бұрын
Christian Santiago Actually I don’t think you understand changes in the industry at all. The changes aren’t too fast; they only get faster. They don’t invade. They create their own brand new universe and if you wait too long to join you never get inside. Don’t sweat the model release blah blah blah.
@bjordan2451
@bjordan2451 6 жыл бұрын
Why on earth would any photographer just give away all rights to their images, the model question aside. I enjoy sharing my photos. I would never GIVE my rights away randomly. I have done it for non-profit projects I was working with. But those photos were taken specifically for the event and I was fine just giving them the photos and the rights. But to just give random people full rights to my photos? Hell no.
@thewanderess
@thewanderess Жыл бұрын
This is brutally honest! I have always been on the fence about Unplash. I felt uncomfortable seeing people using my photos without even acknowledging them and sometimes reselling them . I was shocked when I found out about a German company that resells unplash photos which included mine as well. i raised a copyright claim to unplash, which they never dealt with. Instead I reached out to Flickr (it was on flickr they had set up their store) and Flickr removed and blocked the profile. Afterwards, I have been cautious and didn't upload to unplash.
@IanInChengdu
@IanInChengdu 6 жыл бұрын
FYI. I use an app called Over for making posters for our restaurant. Unsplash is actually built into the app. There is no mention of anything regarding unsplash in this app regarding T&C ‘s. I have never used any of the images from Unsplash and will not in the future.
@MsJufo
@MsJufo 4 жыл бұрын
you are so right here, thanks for thinking straight here.
@ThinkCriticallyNow
@ThinkCriticallyNow 6 жыл бұрын
Not everyone wants to make money from photography. I myself have gotten to the point where I am so bemused with dealing with the public that I have decided to do photography purely for my own enjoyment. In saying that, they question of people on Unsplash and model releases is a big issue.
@AmmarHabjouqa
@AmmarHabjouqa 6 жыл бұрын
Thanks for this clip. I had never heard of them before so I hope you don't inadvertently send them gullible customers. They are trying to protect themselves and are ready to blame the photographer but I am not sure if a lawyer would think otherwise. This is from their FAQ: "Can I use photos of landmarks and notable buildings? To upload a photo, the photographer agrees that they have the proper releases (model, trademark, etc.) needed to submit the photo on Unsplash, released under the Unsplash License. You can find more information on Unsplash’s Terms. You are allowed to use a photo of a public structure as long as you do not infringe on any trademarks. For trademark infringement to occur, there has to be both use of the trademark and a likelihood of confusion that the person using the photo is endorsed by the trademark owner. For instance, say you wanted to use a photo of the Eiffel Tower. If you were not authorized by the Eiffel Tower to sell tickets and you downloaded the photo and used it as part of an advertisement to sell tickets to the Eiffel Tower, then it’s likely that a consumer would mistaken that you are an endorsed ticket seller by the Eiffel Tower. This would infringe on the Eiffel Tower’s trademark rights. But if you’re a dentist and you decide to print up and frame the photo and hang it on your office wall, it’s highly unlikely that a patient would confuse that the Eiffel Tower endorses you. This would not be an infringement on the Eiffel Tower’s trademark rights."
@jennygw1883
@jennygw1883 6 жыл бұрын
Facebook, LinkedIn, Instagram and countless others use photographers work as though it was free. No model releases there either. It is the perception of most people that if a photo is on the Internet and they can, for example, right-click copy a photo that they can then use for whatever It is also the perception of clients that they dont have to worry themselves over licensing wherever they use their photos.. (Good to hear Mike Riley get a mention, great photographer!)
@ezecreative
@ezecreative 6 жыл бұрын
This was great and worth the long watch time. Great vid, great info!
@lcross88
@lcross88 6 жыл бұрын
Thanks for your thoughtful discussion Zack. I always figured that I didn't need a model release for people in street photography as long as I wasn't using the pictures commercially. Didn't factor in the third party angle. I assume it is still safe to upload to 500px and Instagram without releases? Anyone care to comment?
@martinpaul6146
@martinpaul6146 6 жыл бұрын
The most thought provoking video I have seen for a long time. Thank you I will spread
@iang5781
@iang5781 6 жыл бұрын
Great summary, have shared it with some peers and will warn people away from using Unsplash in the future.
@Christian-xj4vn
@Christian-xj4vn 4 жыл бұрын
I know this is an old video, but do you consider the fact that you can use these placements on your website saying you were featured on "insert big brand here". I agree that there a lot of holes but I think if I could place 2-5 big brands on my website that would be a big boost.
@ZackAriasATL
@ZackAriasATL 4 жыл бұрын
There’s a difference in adding content that is embedded (like a KZfaq video) and “Here, just use my shit for free with zero credit and no one signed a release.” Know what I mean?
@jimmyhinAK
@jimmyhinAK 5 жыл бұрын
You kick ass! I am not a professional photographer but a hobbyist. I can’t see giving any of my photos for free unless it’s for my immediate family who I know won’t rip me off.
@photobrit5660
@photobrit5660 6 жыл бұрын
Zack, I really liked the way you handled this, as an old brit photog I grew up when dinosaurs walked the earth and we used film!! My father made his living and raised a family on his ability to capture good photos.The good old days:) after thinking through this over the past week maybe this will take us back to a time when in order to make a living you actually had to know your stuff.You my friend are the commensurate professional and I have no doubt that you will continue to produce excellent work as will the likes of Joe Mcnally, Tim Wallace etc.etc.....Us mere mortals will survive! I do not like what Unsplash is doing, as soon as you try to monetize the creative process you are done!! Just a few thoughts I think they should get off my damn lawn!! Maybe we will get to the point where a professional photographer is just that!! Cheers and keep up the excellent work.............Chris
@simonwilliams2109
@simonwilliams2109 6 жыл бұрын
Thanks for your insights and no "ranting". Definitely food for thought. I'm not good/prolific enough to upload, but have had concerns about sending anything of mine out into the ether. Keep up the "good fight". Simon, Melbourne Aust.
@west4coast77
@west4coast77 6 жыл бұрын
Thanks for expressing your thoughts Zack. There is indeed a good deal of quality work on Unsplash and was blissfully unaware of the site. You're correct on many fronts and am dismayed these creatives are not paid and recognized for their work. A community of creative individuals - supporting and giving back to each other, should and could be meaningful both financially and with referrals for PAID work. We all love free shit but simply put - this just isn't right. Thx for doing what you do.
@west4coast77
@west4coast77 6 жыл бұрын
Quick addendum... After watching your piece (and looking at the Unspalsh site), I just got a tweet from a site called Pixabay. Yet another free photo, vector and video site. The trend continues...
@Whatisright
@Whatisright 6 жыл бұрын
If someone makes a viral ad from one of those photos and starts to rake it in. How long before the photographer or model feel like they're owed something?
@ElPatron113
@ElPatron113 6 жыл бұрын
You nailed it right on the head. By uploading YOUR work there, you're devaluing it and missing out on any potential revenue you could have made off it. Not only that, but it also devalues other people's work because the general public will think all photographs should be free now (not to mention the legal issues you spoke about).
@lilscottieme
@lilscottieme 6 жыл бұрын
LeReller bigger question though is if someone wants to give their image away for free how do you stop them? Technology as in camera, editing software and the internet allow for the creation and distribution of images that if others want to have can have them for a price or for free. Yes it’s unfair for your work to be devalued or undercut but that’s what happens in a democratic society which allows for the creation of new ideas and methods.
@permanent.tourist
@permanent.tourist 4 жыл бұрын
You know what really kills me? Aside from the release aspect, the people running Unsplash can take the entire catalogue and set up another website and sell all these images at Getty prices. At any time. Heck, so can I. No credit, no problem.
@RobJorg
@RobJorg 6 жыл бұрын
Iam a GDPR consulant. consent is key,. you need to have consent (modelrelease) for holding a any privacy information. this includes images or any type of information.
@pin65371
@pin65371 6 жыл бұрын
I was just thinking about it and youtubers that make "vlogs" could be opened to a whole lot of liability too. If they are making money off their videos (which if they have hundreds of thousands of subscribers) means they are they technically need a model release for every person that is in the video (walking around the street)... Most people wont care but lets say someone ends up in a video of lets say Jon Olson who is worth millions of dollars and they want to make a quick buck he would be totally screwed.
@Berserq
@Berserq Жыл бұрын
Liability solved - model releases will be redundant in the future when our AI applies a synthetic face using style GAN for every photo passing through our platform.
@NJintheImagination
@NJintheImagination 6 жыл бұрын
Even if you are a total amateur who has over time spent thousands on camera equipment etc and has yet to make a dime, sees no realistic prospect of doing and yet would like to show some of your best work, you would have to be out of your mind to publish it where you lose all control and rights to your work. Kind of defeats the purpose of taking photos in the first place. If there was an Unsplash for writers would you send in your short stories or novels where anyone could steal them for any purpose? Great to hear from you again Zac - don’t be a stranger.
@Milluahzz
@Milluahzz 3 жыл бұрын
Zack, thank you for this great video. I didnt believe I would watch over 40 min in one go but yea, it is awsome and it is fun the way you put it. However there always has to be a balance. I mean the unsplash contributors must be responsible for the material they are giving away like model releases and possible implications. And yes, they have to accept the fact that their photos will be used without even someone saying thank you. That is the deal. On the other hand when you put your photos on the proper stock market and someone purchases it, how much of a control do you actually have about how the photo is used? Ofcourse the legal terms have to be met and an ethics is involved as this is guaranteed by the stock photo provider. But how can you prevent your photos being used in a campaign promoting something you're basically against? I am not sure if you can dictate who can purchase and what to promote with your pictures? Or is that possible. Thanks for any feedback. Best wishes in your career and be happy with what you have ;-)
@papje
@papje 4 жыл бұрын
It should be illegal to use pictures without even mention the photographer.
@jcfindley380
@jcfindley380 6 жыл бұрын
Great video on Unsplash and giving your work away for exposure in general. Thanks.
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