License covering? My pic on gratis road map

borg

« on: July 03, 2010, 06:13 »

#link

Hi guys!

Probably some of you know better about image licenses and terms of use than me....

My girl found my photo in one of Croatian magazine
Daily newspaper will publish and give gratis road map for one of Croatian region...

My picture will be on the cover of one of the road map,on 6th of July...

I have never sold that image under the extended license... Huh

So is it OK, that my photo is on cover of GRATIS road map that is given as a supplement in daily newspapers???

http://www.dreamstime.com/stock-photo-adriatic-village-image8725810


« Last Edit: July 03, 2010, 06:50 by borg »	Ignore \| Logged

cclapper

Premium Member

« Reply #1 on: July 03, 2010, 06:17 »

#link

Do you know the circulation of the newspaper? If it's more than 499,999, then they would have needed an extended license. Do you know for a fact which agency they bought it from?

For IS, you can read a comparison chart of the licenses here:

http://www.istockphoto.com/license_comparison.php

You can check the other sites you have/had images on for the print restriction, but I believe most of the sites are the same.


« Last Edit: July 03, 2010, 06:20 by cclapper »	Ignore \| Logged

borg

« Reply #2 on: July 03, 2010, 06:28 »

#link

In editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories YES YES Standard -- print run may not exceed 250,000 copies in the aggregate

Enhanced -- no limit on print run. Copyright notice, credit attribution required*
They probably can under 250K of copies... Huh

utarnji list
Izdavač: Europapress holding d.o.o.
Tisak: Vjesnik d.d.
Rasprostranjenost: Nacionalna
Učestalost: Dnevnik
Dani izlaženja: Svakodnevno
Dimenzije (širina x visina): 26.5 x 38.9 cm
Naklada: 90000 >>>> Circulation
Uredništvo: Slavonska avenija 4, Zagreb, Hrvatska
tel: 6103 100,
6103 101
fax: 6103 115, 6103 148
E-mail: [email protected]


« Last Edit: July 03, 2010, 06:51 by borg »	Ignore \| Logged

Colette

« Reply #3 on: July 03, 2010, 07:56 »

#link

A roadmap is not their newspaper!
As far as I know they are not allowed to sell your images on other products. Not with a standard license. Like your image used on a coffeemug or so. Don't see a difference with roadmaps as it comes to licences. But if it is allowed to give it away for free?
And if your image is licensed as editorial, is it allowed to use it for commercial purposes?
Send a mail with this question to the stock agency...


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ShadySue

Premium Member

« Reply #4 on: July 03, 2010, 08:12 »

#link

It might depend on what agency they bought the image from, but as far as I can see, it would not need an EL if bought from iStock (under 500,000 copies). A road map would be a standard printed product (presumably it would count as a 'promotional item', and it's not being offered for sale, a such.
Other agencies probably have different rules.


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click_click

« Reply #5 on: July 03, 2010, 14:42 »

#link

I think the days are over that our images make millions of dollars when printed on road maps, books, CD covers etc.

I don't even bother anymore trying to pursue such "lost" royalties.


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madelaide

Premium Member

« Reply #6 on: July 03, 2010, 17:18 »

#link

Quote from: Colette on July 03, 2010, 07:56

A roadmap is not their newspaper!

I don't see a difference between a roadmap cover and a book or CD cover.


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click_click

« Reply #7 on: July 03, 2010, 17:45 »

#link

On a side note: Images such as the one the OP was used, are better off at Macro agencies.

Just look at Alamy. There are tons of such images (this type of images). If you sold that one through RM you would have definitely gotten more out of it.

Next thing to consider is, how big is the market in the microstock world for such an image. Sure it's a nice image but it's not a business woman on a headset smiling if you get my drift. Is it really worth uploading that type of images to the micros?


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Randy McKown

« Reply #8 on: July 03, 2010, 19:23 »

#link

Quote from: click_click on July 03, 2010, 17:45

Sure it's a nice image but it's not a business woman on a headset smiling if you get my drift.

LOL .. nice job you just summed up the backbone of micro in one sentence. Tongue


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Kone

« Reply #9 on: July 03, 2010, 21:57 »

#link

Quote from: borg on July 03, 2010, 06:28

This is exactly what we should learn from, which image is for microstock and which one is not.


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borg

« Reply #10 on: July 04, 2010, 02:29 »

#link

Kone said everything in his post...

On Tuesday, my photos will be for maybe ONLY 25 cents to 90 000 copies of the map ....
It is time to think about all the what, where , when and how ... Roll Eyes

My portfolio isn't big, so probably photo like this would not be sold to the macro, probably I would not have any money so far...
But, in the future we all have to think about it.... What is for micro and what for macro market...

Still, problem is in micro licensing, too wide spread of use...


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ShadySue

Premium Member

« Reply #11 on: July 04, 2010, 05:26 »

#link

But here's the rub. That company wanted a nice image from Kvarner to put on their giveaway map. There are 35 images keyworded Kvarner on iStock alone (I guess yours must have come from a different agency). Why would they pay macro prices for a cover on a giveaway?
I've been supremely disappointed in Alamy. almost 900 pics (built up over 15 months); 5 sales, not yet reached payout. (Their 'Sell your image' page says the average editorial sale is $100, but that's gross. Their commission, and that of a distributor, if any, comes off that. (my total is under 50% the gross total)
Clearly I'm just not taking what their customers want, but it's quite hard to research what's selling, so you have to submit almost blind. The research that I'm doing suggests that what is selling in editorial shots isn't so different in type to what I'm submitting.
Of course, 900 is a drop in the ocean of "19.34 million" still images - in the macros, their total is shared with audio, video and Flash files.
That said, I'm trying to build up my Alamy portfolio, and have sent loads of stuff there over the past two months, because I prefer to see real editorial photos, so I prefer to be able to submit them 'real'.
Anyone have experience of Dreamweaver editorial?


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ShadySue

Premium Member

« Reply #12 on: July 04, 2010, 05:33 »

#link

Quote from: borg on July 04, 2010, 02:29

Kone said everything in his post...

On Tuesday, my photos will be for maybe ONLY 25 cents to 90 000 copies of the map ....
It is time to think about all the what, where , when and how ... Roll Eyes

You have also to think of who really reads the licenses. I get about one EL every two months. Nice. But I bet we should all get lots more, but either people hope they won't be caught, or they don't really read the terms and conditions.
Example: at work, we have an 'acceptable computer use' policy. I actually read it, because I tend to hop onto istock on my breaks and wanted to be sure I wasn't going to be summarily dismissed. Anyway, I was pretty sure it said, "limited non-work use of the email facility". Well whether I had deluded myself about that, or whether the 'acceptable use' had changed and no-one told us, an employee at another base was censured for using the email system for private emails (no suggestion of 'debatable' content, and only one private email was mentioned, so hardly 'over-use'). When we were told this at a staff meeting, we were all astonished. Not one of us (c80) had noticed that on the t&c. Yet every time we log on we have to click that we have read and accepted the t&c.


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borg

« Reply #13 on: July 04, 2010, 05:50 »

#link

Yes!

Microstock need better control over using of photos...

Probably SS do something in that direction (example, Avon license problem...)

Also website photorights.com and their forum...

Perhaps we should have greater involvement in their forum...


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click_click

« Reply #14 on: July 04, 2010, 11:38 »

#link

Quote from: borg on July 04, 2010, 05:50

We all thought that when we were younger. But that's how business works. It's just a money game.

It's not going to happen that any agency will act or react to every infringement of their license terms. With the numbers of daily downloads there is no human or technical way to keep control over that. Unless you believe that thousands and thousands of employees would browse the entire internet, all physical stores, street vendors etc. and check items in order to re-check if license terms have been properly followed.

You're way better off shooting or creating more images. It's also a lot better for your heart and mental health.


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mtkang

« Reply #15 on: July 21, 2010, 10:55 »

#link

so this image usage is still within the licensing usage? possible to inquire the agency? if we think our image is misused without the right license, do we contact the agency or just the company?


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click_click

« Reply #16 on: July 21, 2010, 13:31 »

#link

Quote from: mtkang on July 21, 2010, 10:55

so this image usage is still within the licensing usage? possible to inquire the agency? if we think our image is misused without the right license, do we contact the agency or just the company?

In order to find out for sure you would have to contact the publisher or perhaps the printing company to get to the right person who can tell where the image came from.

One you have that information (good luck with that), you can contact the stock agency and ask if this specific use is covered.

They will let you know whether yes or no. If no there is a slight chance that the agency will contact the buyer and make them aware of their "mistake".
If things work out by the books, the appropriate license would be purchased after the fact and you should get the right amount of money.

IF it requires another license... IF !!!

I've seen my stuff on books, CDs, magazine covers and years ago I thought I can start looking into buying a yacht once my images are on the covers all over the place.
Pfff, forget it. Oftentimes a simple download at SS is enough to be printed on a book cover or CD - so don't get too excited over a free hand-out map...

Anyways, good luck.


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Albert Martin

« Reply #17 on: July 21, 2010, 15:52 »

#link

Just take a deep breath, count up to 10 or down from 10 to 1 and continue working... It's not something you should worry about. It is RF Micro...


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RacePhoto

« Reply #18 on: July 21, 2010, 16:26 »

#link

Quote from: borg on July 04, 2010, 02:29

Kone said everything in his post...

On Tuesday, my photos will be for maybe ONLY 25 cents to 90 000 copies of the map ....
It is time to think about all the what, where , when and how ... Roll Eyes

I think that solved it. 90,000 copies with one sub download. Even if it was one download from IS for $1.60 they are still allowed to make quite a good use of an image for the standard rates from most sites. Some seem to offer unlimited use, which gets glossed over on these topics.

As for the same image on Alamy, that's nice in theory, but if they didn't find this one on a micro site, they could have found another 50 similar shots on a micro site somewhere. It's not that the shot was exclusive and exactly what was needed, it was that the shot was on micro and fit the need. If it was on Alamy there would have been no sale at all. The buyer was looking on micro and found it on micro.

Do you know which agency sold it?


« Last Edit: July 21, 2010, 16:29 by RacePhoto »	Ignore \| Logged

mtkang

« Reply #19 on: July 21, 2010, 21:09 »

#link

so a 25 cents download from shutterstock can use it as a bookcover? are all RF license over every agency can use for book cover?

I had seen a big coffee table book about travel in philippines using shutterstock photos.

Quote from: click_click on July 21, 2010, 13:31

Quote from: mtkang on July 21, 2010, 10:55

so this image usage is still within the licensing usage? possible to inquire the agency? if we think our image is misused without the right license, do we contact the agency or just the company?