This Agreement governs the terms by which photographers, videographers or other artists provide stock
photographic, video and other media content to members of the iStock.com community, on a non-
exclusive basis through the website located at www.istockphoto.com (the “iStock Site”), and to other
prospective purchasers through other distribution venues as provided for in this Agreement. For the
exclusive Artist's Supply Agreement, go to the iStock contributor enrollment website.
1. Background of Agreement
a. By confirming your acceptance of this Agreement this becomes a binding legal
agreement between any member intending to upload data or materials to iStock (in this
agreement referred to as “you”) and Getty Images (US), Inc. (in this agreement referred
to as “iStock”). If you are a corporation or other entity or a minor you may be subject to
further filing requirements. We encourage you to print a copy of the Agreement for
your records.
b. You wish to appoint iStock as its non-exclusive agent to license, sublicense and
distribute Content (as defined below) on the terms and conditions set forth in this
Agreement. Upon accepting the terms of this Agreement, you may make Content
available to iStock by following the "upload" procedures identified by iStock from time
to time. Each upload of Content will be governed by the terms and conditions of this
Agreement.
c. This is a fairly lengthy document, and it contains many important provisions that affect
your rights and obligations. This Agreement remains in full force and effect until
terminated in accordance with its terms. If at any time the terms and conditions of this
Agreement are no longer acceptable to you, you must follow the termination
procedures set forth below under "Term and Termination".
2. Provision of Content
a. Because iStock offers different categories of content, this agreement may differentiate
among categories of content that you produce, such as still photography, which includes
3D renders (collectively, “Photo Content”), illustrations (for greater clarity, illustrations
include all vector files and raster files, including but not limited to scans of works of art
that otherwise meet iStock standards and digital scans) (“Illustration Content”), or video
files, animations (“Video Content”) and related material produced by you. Exclusivity
with respect to one or more categories of Content (as defined below) depends on your
qualification under each such category, your application for exclusivity and iStock’s
acceptance of such application. You may, from time to time, provide one or more of (i)
Photo Content, (ii) Illustration Content, or (iii) Video Content (collectively, “Content”);
together in any case with other information, documents (such as model or property
releases) or software relating to same, as the case may be or otherwise required to
enable iStock to realize the commercial potential of the rights granted in the Content
(“Descriptive Information”). iStock, in its sole discretion, may determine which of such
Content is suitable for posting on the iStock Site or other means of direct or indirect
distribution, and only such Content as it deems suitable will be considered "Accepted
Content" for the purposes of applicable provisions of this Agreement. Although iStock
may permit Content to be submitted pursuant to certain applications from time to time,
3. Grant of Authority
a. You hereby appoint iStock as your 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, you grant
iStock:
i. 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 iStock 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)); and
ii. The right to grant perpetual, worldwide, licenses or sublicenses to end-users.
iStock and its Distribution Partners will determine the terms and conditions of
all licenses of Content granted by them, but will not use or license Content for
uses that are defamatory, pornographic or otherwise illegal.
b. In addition to the foregoing grant iStock and its Distribution Partners may post,
reproduce, modify, display, make derivative works or otherwise use any Accepted
Content for their own business purposes relating to the promotion of the iStock Site, the
Content and their distribution programs, and promote the licensing of Accepted Content
(including, without limitation, the use of the Accepted Content and your registered and
unregistered trademarks for marketing, sales and promotional efforts whether on the
iStock Site or through third parties). No compensation shall be due to you for use of
Accepted Content for such business purposes.
c. Accepted Content may be included in one or more current or future content collections
(“Collections”) made available for licensing or distribution by iStock or third party
distributors (each a “Distribution Partner”). iStock will determine the Collection and may
subsequently move and license Accepted Content through a Collection on notice to you
either through the Site or otherwise. For Content that moves into another Collection,
the Royalties (defined below) paid to you shall be as set out in the Rate Card (defined
below).
d. The Parties agree that all rights, including title and copyright, in and to the Accepted
Content will be retained by you, and no title or copyright is transferred or granted in any
way to iStock or any third party except as provided in this Agreement.
e. iStock and its Distribution Partners may offer license models through an application
program interface (API) or other utility that will make Accepted Content available for
use by clients on a high-volume basis. Accordingly, where appropriate, the amount due
to you will be determined according to: (a) the ratio of the number of individual items of
You acknowledge and agree that you will be responsible for each and every access or use of the
iStock contributor enrollment website, Getty Images/iStock contributor site or any other upload
website, tool or application that occurs in conjunction with your account and such passwords,
and that iStock is authorized to accept your login and password as conclusive evidence that you
wish to upload Content pursuant to this Agreement. iStock shall have no liability or
responsibility to monitor the provision of Content under your login and password.
7. Managing Content
a. iStock has policies and processes which must be adhered to prior to Content being
posted on the Site or otherwise being offered for sale or license. Notwithstanding that
some qualitative standards are required to be met, iStock does not and cannot review
all Content or Descriptive Information uploaded to the iStock Site and is not responsible
for the content, quality, or consequences of your uploading such Content or Descriptive
Information. Notwithstanding the foregoing, iStock reserves the right to delete, move,
refuse to accept or edit any communication or Content that it may determine, in its sole
discretion, violates or may violate this Agreement, the intellectual or proprietary rights
of others, any of its policies or is otherwise unacceptable in its discretion, and you
hereby agree to forfeit any fees payable in respect of such Content to iStock or as it may
direct. iStock shall have the right but not the obligation to correct any errors or
omissions in any Content or Descriptive Information, as it may determine in its sole
discretion. You acknowledge that any screening of Content or Descriptive Information
performed by iStock to determine Accepted Content is done as a courtesy only.
NOTICE: You acknowledge that the Content you provide pursuant to this Agreement
that becomes Accepted Content may be purchased or licensed by members of the
iStock Site or Distribution Partner sites with the intention that they will adhere to the
terms of the applicable license agreement.
b. Notwithstanding the foregoing, given the exigencies of the stock photography business
and the prevalence of royalty-free content, iStock cannot take responsibility for the
compliance by purchasers and licensees of the terms of such agreements. Accordingly,
you acknowledge and agree to the possibility of Content being used in a manner that is
not contemplated in this Agreement, and you agree that notwithstanding any rights you
may have to pursue the licensees of such Content at law, iStock shall have no liability to
8. Confidential Information
a. You acknowledge that the Confidential Information (defined below) that it obtains
through the entering into of this Agreement and the provision of Content constitutes
valuable, confidential, proprietary information of iStock and its licensors, and agrees
that during the term of this Agreement and thereafter it shall not, without the express
written consent of iStock, use or disclose to any other person any such Confidential
Information, except as specifically authorized under this Agreement.
b. For the purposes of this Agreement, "Confidential Information" means any and all data,
information, documents, software or materials relating to the business and
management of iStock, its members, affiliates, licensors or licensees, that is designated
as confidential or ought reasonably to be considered confidential, including but not
limited to: their business model and operations, processes, products, designs, pricing,
promotions, business plans, business opportunities, alliances, Content, graphics,
documentation, finances, research, development, know-how, trade-secrets, training
materials, personnel, identities or personal information of any kind pertaining to
members, clients, methodologies, iStock Site and gettyimages.com content belonging to
others and other intellectual property.
10. Indemnity
a. You agree to indemnify, defend and hold iStock and its affiliates, and their respective
directors, officers, employees, shareholders, agents and licensees of Content
(collectively, the “iStock Parties”) harmless from and against any and all claims, liability,
losses, costs and expenses (including reasonable legal fees on a solicitor and client basis)
incurred by any iStock Party as a result of or in connection with: (i) any use or alleged
use of the iStock Site or upload application or process or provision of Content under
your account by any person, whether or not authorized by you; (ii) or resulting from any
communication made or Content uploaded under your account; (iii) any breach by you
of this Agreement; or (iv) any claim threatened or asserted against any iStock Party to
the extent such claim is based upon a contention that any of the Content used within
the scope of this Agreement infringes any copyrights, trade secrets, trademarks, right of
privacy, right of publicity or other intellectual or other property rights of any third party.
b. iStock reserves the right, at your expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and in such case, you agree
to cooperate with iStock's defense of such claim.
c. You agree that iStock shall have the right to determine whether and to what extent to
proceed against a licensee or other third party (an “Infringer”) for any violation of a
16. General
a. You specifically agree and acknowledge that you have, in addition to the terms of this
Agreement, reviewed the terms of the Membership Agreement and Terms of Use and
any other agreements which may be incorporated by reference therein, and to the
extent of their incorporation in this Agreement you agree to be bound by them.
b. iStock's failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
c. This Agreement is personal to you and is binding upon your heirs, executors and legal
representatives, as the case may be, and is not assignable by you without iStock's prior
written consent. iStock may assign this Agreement without your consent to any other
party so long as such party agrees to be bound by its terms.
d. If all or part of any provision of this Agreement is wholly or partially unenforceable, the
parties or, in the event the parties are unable to agree, a court of competent
jurisdiction, shall put in place of such whole or part provision an enforceable provision
or provisions, that as nearly as possible reflects the terms of the unenforceable whole or
part provision.
e. This Agreement can be amended by the written agreement of the parties or by iStock
providing you 30 days' notice by e-mail at the address set out in section 11(a) and
posting amendments on the Getty Images/iStock contributor website. Continued
provision of Content or failure to terminate this Agreement within 30 days of such
17. If and to the extent you are submitting Content to iStock as an authorized representative of the
applicable copyright owner(s), you acknowledge and agree that (a) you will ensure that such
copyright owner(s) comply with the terms of this Agreement where necessary; and (b) to the
extent Royalties are paid to you in such capacity, you will be solely responsible for compensating
the copyright owner(s) where applicable.
18. Contact
If you have concerns relating to this Agreement, please file a ticket through the iStock
contributor site.
19. Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN
OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN
CONSIDERATION OF ISTOCK AGREEING TO PROVIDE A MEANS FOR THE SALE OR LICENSE OF
YOUR ACCEPTED CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE AGREEMENT BETWEEN YOU AND ISTOCK, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND
ISTOCK RELATING TO THE SUBJECT OF THIS AGREEMENT.