Author Topic: Buying images to sell them (Read 7621 times)

Freezingpictures · « **on:** February 03, 2007, 05:35 »

If you buy an exclusive license of a photo and than sell it again, what would you think of that. can you do it, or ist it morally wrong?
I just discovered one image on fotolia which has already 38 dls and the exclusive license is only 100$. Its just a thought..
Maybe one should just contact the Photographer to increase his price.

Regards

Jan

GeoPappas · « **Reply #1 on:** February 03, 2007, 07:06 »

Most Exclusive licenses don't allow the resale of the image itself. The only site that I know that allows you to resell the image is LuckyOliver. Does Fotolia allow that?

If the license allows it, then there should be no moral issues associated with it.

GeoPappas · « **Reply #2 on:** February 03, 2007, 07:12 »

I just checked the Fotolia site and their Exclusive Buyout license does NOT allow the buyer to resell the image. Here is the quote from Chad:

"You can only resell products with the image on it such as a poster or greeting card if you have the exclusive buyout license of the extended rf license. Reselling the original image is not allowed."

Here is the link:

http://blog.fotolia.com/us/faq/main/buyout.html

Does anyone know of a site (besides LuckyOliver) that allows the resale of an image via an Exclusive Buyout?

leaf · « **Reply #3 on:** February 04, 2007, 16:13 »

Quote from: GeoPappas on February 03, 2007, 07:06

Most Exclusive licenses don't allow the resale of the image itself. The only site that I know that allows you to resell the image is LuckyOliver. Does Fotolia allow that?

If the license allows it, then there should be no moral issues associated with it.

what? Lucky Oliver doesn't even have a buy out option.

Void · « **Reply #4 on:** February 04, 2007, 16:28 »

it may not be an exclusive buy out, but the bennies are about the same for the buyer......

from LO's user agreement

"Extended License
The Extended License permits broader use of the Original Size image than our Standard License Terms allow. Permitted uses of content purchased with the Extended License include:

Design template applications intended for resale;
Marketing products and services on websites or other venues for "on demand" products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.zazzle.com);
Any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution;
There is no "limited run" restriction on the resale of items making use of Extended License imagery. We make no special distinction between physical products or electronic items for resale. The use of the Extended License constitutes a license for an unlimited run."

madelaide · « **Reply #5 on:** February 04, 2007, 17:43 »

So even in LO, the buyer may use it to sell merchandise with it, but he can't resell the image itself, can he?

Regards,
Adelaide

GeoPappas · « **Reply #6 on:** February 04, 2007, 17:44 »

Quote from: leaf on February 04, 2007, 16:13

Quote from: GeoPappas on February 03, 2007, 07:06
Most Exclusive licenses don't allow the resale of the image itself. The only site that I know that allows you to resell the image is LuckyOliver. Does Fotolia allow that?

If the license allows it, then there should be no moral issues associated with it.

what? Lucky Oliver doesn't even have a buy out option.

Yes, they do.

Here are the LO terms for a buy-out (bold-facing added by me):

"When you put a 'buy-it-out' price on your image, you're basically telling a potential buyer how much it will cost them to own the exclusive rights to your image. Exclusive rights mean that the person who purchases the photo will own the rights to your image; you will no longer own those rights.

If a buyer purchases your photo through the buy-it-out option, they can then use the photo however they see fit. They could put it on a billboard, use it as the background for a magazine ad, create and sell a set of greeting cards, create prints and sell them at their local craft fair or even put it on LuckyOliver and earn royalties on it. That's why you'll want to think about your buy-it-out price carefully -- because you're basically handing over the ownership of that image to another person or company."

Here is the web page:

http://www.luckyoliver.com/guide/buyout_price

GeoPappas · « **Reply #7 on:** February 04, 2007, 17:46 »

Quote from: madelaide on February 04, 2007, 17:43

So even in LO, the buyer may use it to sell merchandise with it, but he can't resell the image itself, can he?

LO has both an Extended license and a Buy-Out license.

madelaide · « **Reply #8 on:** February 04, 2007, 17:54 »

Hmm. I wasn't aware of the Exclusive Buy-out, only the Extended License. I know my images are available in EL (that's the check-box we have when uploading). How much do they pay for the EB and how do we opt-int/out from it?

Regards,
Adelaide

GeoPappas · « **Reply #9 on:** February 04, 2007, 18:02 »

Quote from: madelaide on February 04, 2007, 17:54

How much do they pay for the EB and how do we opt-int/out from it?

The following is from the LO site @ http://www.luckyoliver.com/guide/getting_paid (bold-facing is mine):

"Buy-It-Out Pricing

LuckyOliver also lets you set a buy-it-out price that lets a buyer purchase your image and remove it from the web site, making it unavailable to future buyers. When your photos are accepted, you can set buy-it-out price on any or all of your images. And you guessed it—your buy-it-out price can (and should!) be much higher than your single download price.

And buy-it-out pricing doesn't go away if your photo has already received downloads. A prospective buy-it-out buyer will be able to see how many times the photo has already been downloaded and will make the decision on his/her buy-it-out purchase with that knowledge. Their buy-it-out simply prevents others from downloading your image in the future--it doesn't impact the rights of the folks who've downloaded it prior to them."

Although it states that you can set the price after it is accepted, I can't seem to find how to do it. For some reason, I remember that you had to do it before it was accepted (when you upload the photo).

Besides, I have no interest in allowing someone to buyout my images.

chellyar · « **Reply #10 on:** February 04, 2007, 18:30 »

I'm not sure I'd want to buy some microstock to sell as microstock, although legal under the LO license, It just dosn't sound right to me..

Having said that, I'm in the process of negotiating the purchase of a large film stock collection from a local photographer. He has never had them with a stock agency, and as of last year is very retired, and is not interested in the indexing/keywording that would be required to get them online.

This would be for macro stock sale though, as they are drum-scanned MF velia and provia travel scenic shots, not really the stuff Micros are good for, and given the cost of the collection I'll be looking for a top dollar return with good proven rights protection. Alamy here we come.

Cheers, Me.

leaf · « **Reply #11 on:** February 05, 2007, 13:34 »

has anyone found the opt-in/opt out place for the LO 'buy out' license? I can't seem to find it and would like to make sure i am opted OUT.

dbvirago · « **Reply #12 on:** February 05, 2007, 14:30 »

I couldn't find it either. Even tried to submit using their webtool. I find the link that talks about it, but nowhere to set it. It would have to be set very high for me to opt in and only on a case by case basis.

I like the opt in at DT. Price automatically goes up each time you sell one. Ends up at $3000 plus. I don't have too many images at this point that I wouldn't sell all rights to for that. Hopefully that will change.

digiology · « **Reply #13 on:** February 06, 2007, 11:52 »

I have been searching for it as well. I am assuming the buy-out option is only enabled when exclusive.
LuckyOliver Exclusive (?)
Make more money and be able to sell your image outright

But I would also like to know for sure that I am opted-out.

bryan_luckyoliver · « **Reply #14 on:** February 06, 2007, 12:00 »

Guys, the Buyout option only shows up if you select an image to be exclusive. It gives you the option to set your own price. This is on every photo page in your portfolio section. Hope this helps!

leaf · « **Reply #15 on:** February 06, 2007, 16:58 »

thanks.

madelaide · « **Reply #16 on:** February 06, 2007, 17:16 »

Hi Bryan,

Thanks for the clearing the matter. I was feeling a bit left out of the Exclusive Buy-outs.

Anyway, although I would love to sell an image at a very high price, I suppose the same idea applied at LO that we see in DT (if I remember it right) that we should be able not only to remove an image from other sites, but also similar images. Am I wrong?

Regards,
Adelaide

leaf · « **Reply #17 on:** February 06, 2007, 17:23 »

Bryan stated that only exclusive images are available for buy-out licenses, so the image shouldn't be on other sites to begin with. Or were you wondering just about similar images? ... one which i would be interested in knowing the answer to as well. -it seems like there could be a fair bit of gray area.

madelaide · « **Reply #18 on:** February 06, 2007, 17:31 »

Leaf,

Yes, in LO's case my question is be about the similar images (exclusive or not).

In DT exclusivity is not required (though I think this might be something tha someone paying US$300+ for an image might consider when making choices).

Regards,
Adelaide

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Author Topic: Buying images to sell them (Read 7621 times)

Freezingpictures

GeoPappas

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leaf

Void

madelaide

GeoPappas

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madelaide

GeoPappas

chellyar

leaf

dbvirago

digiology

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leaf

madelaide

leaf

madelaide

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