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Author Topic: Thinking about exclusive but have some EDITORIAL images at other sites...  (Read 3776 times)

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ShadySue

« Reply #25 on: March 01, 2010, 17:46 »
0
The OP is OK, as their editorial content is RF.
However, the Exculsive agreement is very, very confusing.
I've asked this at least four times on the iStock forums and have never got an answer.
Section 2 'Provision of Exclusive Content" says (I've cut a lot to try to avoid other issues):
In this Agreement, "Exclusive Content" means, as applicable to Supplier, either or both of: (i) Still and Flash Content, and (ii) Motion Content; ....... but shall not include (1) Content that is produced as "work for hire" ....... (2) Content that is produced for "Editorial" purposes except to the extent the Supplier retains in such Content any royalty free rights of the type outlined in the Content License Agreement, where "Editorial" means visual reporting to illustrate general interest and specialty stories for information, documentary or photojournalism (but not advertorial) purposes only; (3) Content that is "Rights Managed", ...........
So: exclusive content is Still and flash and/or Motion,
 not including (1) 'Work for hire"
 not including (3) Rights managed images (such as the OP has)
And not including (2): "Content that is produced for "Editorial" purposes except to the extent the Supplier retains in such Content any royalty free rights of the type outlined in the Content License Agreement,"
Can someone explain to me for sure, not speculatively, what on earth that means.
I.e.: in what way is the 'content that is produced for editorial purposes' different from RM Editorial. (It must be different, else it would just come under Rights Managed in clause 3.
What does "except to the extent the Supplier retains in such Content any royalty free rights..." actually mean???


« Reply #26 on: March 01, 2010, 18:39 »
0
The OP is OK, as their editorial content is RF.

No, that would not be ok.  Maybe you mistyped?

ShadySue

« Reply #27 on: March 01, 2010, 19:06 »
0
The OP is OK, as their editorial content is RF.

No, that would not be ok.  Maybe you mistyped?

I did, sorry.
But there's still the apparent exception in 2.2 which says 'exclusive content shall not include ... content that is produced for editiorial purposes'.

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