• Asked by
• Linda M.
• |
• January 19, 2012
• |
• Nobody else has this question

How do agencies check if you are exclusive?

Yuri,
I'm writing to you because I think you'd know this.
I've been a very successful macro photographer since 1978.

A friend of mine is a microstock shooter, he went exclusive after dumping his other agencies that sold his royalty free images.

I posed the question to him on another board of how would a microstock agency know if you were exclusive yet placed different RF images with other agencies using a different name and completely different images.

He said 'They would know.' My stance is 'How' ?

How do you think they would know ?

I just think it's so controlling for an agency to ask for exclusivity like that. It's like they are trying to knock out all future competitors by locking them in.

Of course photographers have a choice but in legal terms it would be considered 'Restraint of trade'.

Best,
Linda

• Answered by
• Yuri
• |
• April 25, 2012
• |
• No one likes this yet

Hi Linda.
They would know. It's way too risky to submit images to other agencies, because you ruin your opportunities to ever work with those agencies again once they find out what you've done. Maybe they won't find out for the first one or two years, but they will eventually, and when they do, you'll have no chance of ever coming back and your portfolio will simply be removed over night.

It's also about doing the right thing and maintaining a healthy and mutually honest business relationship with the agency you submit images to. You should always honor the agreements you make with other people and this also includes agreements made with online stock agencies. Even though being exclusive might not always be the smartest thing, considering you're placing all your eggs in only one basket (at least that's how I see it), you should always be honest and honor your agreements. You receive more royalties from most agencies when you are exclusive, and basically going behind their backs and submitting to other agencies is, in my opinion, disgraceful.

Also, many agencies use cookies stored on your computer which might give them clues if you submit to other agencies; they keep track of IP addresses; they search for images similar in style and content using third party image recognition software, and finally you have to remember that people in this industry know each other. And they talk. Exclusive photographers tip agencies if they suspect someone isn't exclusive even though they claim to be. It's an easy way to eliminate competition and, unfortunately, some photographers are just bitter people. Sad, but true.

I simply wouldn't advice that you risk it. :)

Best Regards Yuri Arcurs